HomeMy WebLinkAbout1997-03-04; City Council; 14079; CONTINUATION OF THE DECLARATION OF A STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY FIREAB# /fa77
MTG. 3/4/97
DEPT. CA
TITLE: CONTINUATION OF THE DECLARATION OF A DEPT. HD.
STATE OF LOCAL EMERGENCY RESULTING FROM
THE HARMONY FIRE CITY Am
CITY MGR
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RECOMMENDED ACTION:
Adopt Resolution No. 97- y-# declaring a continuing state of local erne
authorization to seek reimbursement from state and federal.
ITEM EXPLANATION:
The disastrous Harmony fire which caused property damage and personal injuries it
Carlsbad resulted in the proclamation of a local emergency by the City Manager (
October 21, 1996 at 6:25 p.m.. The fire continued its disastrous consequences i
Council met in Special Emergency Session at 12:08 a.m. on Tuesday, October 22
ratified the proclamation by the City Manager and declared a state of local emergc
time. The Governor of the State of California visited Carlsbad in response to the Cit
for a declaration of a state emergency. The Governor so declared a state en
Carlsbad at 10:15 a.m. on Tuesday, October 22, 1996. Subsequently, the Pres
United States declared certain Southern California counties, including San Diego
the City of Carlsbad, emergency areas pursuant to Presidential powers allowing the '
and obtain federal assistance. The Council subsequently convened several timt
pursuant to the emergency provisions of the Brown Act pursuant to Government Ci
54956.5. The Council received an update from its staff. In turn, it reported this inforr
citizens and requested staff to disseminate the maximum amount of information PO:
to provide the maximum aid and comfort to persons adversely affected by this disa
The Council received further updates and information on the Harmony fire at its
Tuesday, October 22, 1996, at 7:OO p.m. which was held in accordance with the
exceptions of the Ralph M. Brown Act pursuant to Government Code sections 5L
1 and549565
The Council adopted Resolution No. 96-373 at its meeting of Tuesday, Novembe
adopted Resolution No. 96-397 at its meeting of Tuesday, November 19, 19s
Resolution No. 96-414 at its meeting of December 3, 1996, adopted Resolution Nc
its meeting of December 17, 1996, adopted Resolution No. 97-1 1 at its meeting of
1997, adopted Resolution No. 97-45 at its meeting of January 28, 1997 and adopted
No. 97-70 at its meeting of February 18, 1997 continuing the existence of a local
even though the actual fire has now been controlled and ended. There is a continui 1 damage repairs, assessments and mitigation measures, erosion control measure:
S s of Carlsbad.
While the California Department of Forestry (CDF) has reduced its presence to twc
persons), good progress on mitigation continues apace. The combined efforts c
Conservation Corps (CCC), and to a lesser extent the Urban Corps, have filled aF
11,000 rock bags. This, along with the 50,600 rock bags purchased to date, means th(
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Agenda Bill # /+ 079
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61,600 bags were installed by November 16, 1996. These bags have primarily be
construct in excess of 100 check dams to help control sediment and ash,
Moderate rain occurring on November 21, 1996 caused no significant erosion pro
result of the Harmony Grove Fire. Substantial preventative erosion control measur
up to that date performed extremely well. Significant amounts of sediment an(
trapped by the many check dams in place.
It was determined that future preventative erosion control measures were necess
installation of rock bags was completed on December 6, 1966. The California De
Forestry has contributed 6,256 hours, along with our crews and the CCC to timely
City’s erosion control measures.
Staff reports that applications for building permits are sparse with two applications
Several repair permits have been issued for either replacing a single family dwt
repairing partially damaged homes. However, it is anticipated that more applicat
received due to the information telephone calls being received by the Community D
Department. Owners have made great progress in the following areas: 1) 92% of tt
been or are in the process of being cleared; 2) 91% of the lots have been fenced; an
owners have contacted the City.
The Governor’s Office of Emergency Services (OES) has reported that the state’s re
upgrade the federal emergency declaration to a major disaster has been denied. AH
fire victims receive the same temporary housing assistance under both an emergenc
declaration and a disaster declaration, other forms of assistance automatically trigge
disaster declaration, such as the Individual Family Grant Program and Small Businer
Administration loans are not presently available to victims.
Although the state has indicated it could appeal that denial, OES has indicated that i
so. It reasons that an appeal will prolong the issue, while acceptance of the emerge
declaration by the state will open the door for the Small Business Administration to 2
independently to fund loans to fire victims whose insurance coverage falls short.
The scope of federal assistance available to the City of Carlsbad has also narrowed
emergency declaration. It is limited to reimbursement of costs associated with emer
measures and debris removal. Under a major disaster declaration the scope likely v
included repair or replacement of permanent facilities. Although no City-owned builc
damaged, the City’s losses in trees and irrigation systems equipment is estimated ai
State law requires that the Council review the status of the local emergency at le:
days and extend it until it is terminated and there is no longer a need for emergency
that the situation has resulted in conditions which are now deemed to be within tt
the normal protective services, personnel, equipment and facilities of the City. If Co
it appropriate, staff will present a report on the scope of this emergency, the responr
the necessity and appropriateness of future response actions.
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Agenda Bill No. /dog$
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ENVIRONMENTAL REVIEW:
These actions are exempt from environmental review pursuant to Public Resoi
section 21 080(b)(4) and CEQA Guidelines section 15359 for specific actions ne
prevent or mitigate an emergency.
FISCAL IMPACT:
The Harmony Grove fire has resulted in substantial public and private costs. Staff is
process of assembling the scope of these costs in order to seek the maximum availa
assistance from state, local and federal agencies. It is anticipated that the City’s exF
which currently total approximately $230,000, will approach $360,500. The City Cou
adopted Resolution No. 97-45 appropriating an additional $275,000 to cover the anti
costs related to the Harmony Grove file.
Under the provisions of the declaration,. the City may expect to recover $250,000 of i
expenses. Carlsbad Emergency Management Administration Team will submit all o
costs to FEMA and OES for reimbursement.
EXHIBITS:
1. Resolution No. 77-74 .
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RESOLUTION NO. 97-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONTINUING THE EXISTENCE OF A LOCAL EMERGENCY AND REQUESTING OFFICE OF EMERGENCY SERVICES ASSISTANCE AND CONCURRENCE IN RESPONDING TO SUCH EMERGENCY
WHEREAS, on Monday, October 21 , 1996, the City Manager of the C
Carlsbad proclaimed the existence of a local emergency due to the existence
continued and threatened existence of the Harmony fire in Carlsbad and
emergency affected the City and was likely to create a public calamity and the
Council was not at that time in session; and
WHEREAS, on Tuesday, October 22, 1996, the City Council conven
a special emergency session at 12:08 a.m. and declared a state of emergency dut
catastrophic fire within the City of Carlsbad which fire has caused, continues to c
and threatens to continue to cause property damage, personal injuries and
economic and social costs and damages resulting from this disaster of an unk
amount at this time; and
WHEREAS, in accordance with the laws of the State of California, thc
Council declared an emergency did exist throughout Carlsbad; and
WHEREAS, the City Council did ratify the Proclamation of an Exister
a Local Emergency (attached as Exhibit A) declared by the City Manager on Mond;
WHEREAS, said local emergency continues until the calamitous fir
resulting damage is abated; and
WHEREAS, it is the intent of the City Council to seek the maximui
comfort and restitution of its citizens who are victims of this calamity; and
WHEREAS, it is the intent of the City Council to do all things necess
effectuate this intent,
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WHEREAS, the Governor declared a state of emergency on Tues
October 22, 1996,
WHEREAS, the President of the United States declared a nai
emergency area in certain counties in Southern California, including San Diego Cc
WHEREAS, state law requires the City Council to review the nee
and the City of Carlsbad, and
continuing the state of local emergency at least every 21 days pursuant to Goverr
Code section 8630(c)(2) and that the Council shall proclaim the termination of the
emergency at the earliest possible date that conditions warrant, and
WHEREAS, the Council has received the necessary informatior
update in order to evaluate the continuing need for a local state of emergency, and
WHEREAS, even though the actual fire has now been controllec
ended, there is still need for the state of local emergency to continue requiring da
repairs, assessments and mitigation measures, erosion control measures and
measures in order to prevent further perilous damage and to ensure the healt
safety of the citizens of Carlsbad, and
WHEREAS, the City of Carlsbad intends to file a notice of ir
regarding applying for federal and state disaster assistance in conjunction wi
Presidential Emergency Declaration due to the October 21, 1996 Harmony fire.
WHEREAS, the Governor's Office of Emergency Services has re
that the state's request to upgrade the federal emergency declaration to a major d
was denied ; and
WHEREAS, there is a need to continue the state of the local emer
declared Tuesday, October 22, 1996, continued by the adoption of Resolution N
373 on November 5, 1996, continued by the adoption of Resolution No. 96-3
November 19, 1996, continued by the adoption of Resolution No. 96414 on Dec
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3, 1996, continued by the adoption of Resolution No. 96-436 on December 17, IE
continued by the adoption of Resolution No. 97-11 on January 7, 1997, continue
the adoption of Resolution No. 97-35 on January 28, 1997 and further continued b!
adoption of Resolution No. 97-70 on February 18, 1997 which need includes mitig
of property damage, coordination of disaster relief, placement of erosion control dei
and construction and placement of other devices, including appropriate fire and bui
measures necessary to abate hazards created by the Harmony fire.
NOW, THEREFORE, BE IT RESOLVED that
1. The above recitations are true and correct.
2. The need for this continuing declaration shall be reviewed with
days in accordance with state law.
PASSED, APPROVED AND ADOPTED at a regular meeting of thc
Council of the City of Carlsbad, California, on the 4th day of March
1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hal
NOES: None
ABSENT: None
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ATTEST:
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(BY Otnctar of Emergency scntice~c+l
w~~~~,i:otdtn~~ce tco. itst of tha City Of CirlSbrQ www Ojrector of 6WUifiCy ~4Nh~. to ~~Ch!a the WStence *r thm exfsttnce of 1 kd chc ency when srld City It rfktcd of Itkeb affteted by I publit calami ? y and the City Council is not tn ststfan; and
WEAS, the OItactar of fmqcncy Servtcct of the City of Ca does hereby f4nd.V -
That candftlont of extremu cril t of persoas and PI have artsen withh srtd Cttp, cause by
earthquilcc, or other. caw j'
casnat imediately be called Into terrlon);
mu, ~~R~FURE. IT IS EREBY BY PffOCUINEO that a loci1 twge exists throughout srld Cfty; and
IT IS FURTHER PUOCUIHEO AND ObEREo that durtng the existence 'local cwrgency the powers, functions and dutles of the emtrgemy orga of thfs Cfty shall be those prescribed by state law, by (chatter) or and resolutions of this City, and by the City of Carltbi Wtgtncy I
tOt'l3, epidafc, r 8
That the Clty Councfl of the CIty of Carlabad 4s not in setsi
approved by the City Council on \a - A 1 9 I& - a- - - - - L- - c1-
.+This form may be used when the director Is authorized by ordinance such a pvoclimttfon. Code provides: It should be noted that Stcflon 8630 of the:%(
. . Whenever a local cute ency ft proclrtmed by en off de$lgnafed by ordtnance, the Ioca erne ency shall not remain in e
far a period h excess a of seven days 9 un ess It has been rrtffied b governing body e
1
**Use appropriate tltle, at established by ordtnrnce,
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