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Home My WebLink About1997-03-25; City Council; 14101; CONTINUATION OF THE DECLARATION OF A STATE OF LOCAL EMERGENCY RESULTING FROM THE HARMONY FIRE0 5/ %TY OF CARLSBAD - AGENDA BILL *.I STATE OF LOCAL EME THE HARMONY FIRE DEPT. CA Adopt Resolution No. 93 - 40q authorization to seek reimbursement from state and federal agencies . ITEM EXPLANATION: The disastrous Harmony fire which caused property damage and personal injuries ir Carlsbad resulted in the proclamation of a local emergency by the City Manager c October 21, 1996 at 6:25 p.m.. The fire continued its disastrous consequences a 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 emerge time. The Governor of the State of California visited Carlsbad in response to the Citl for a declaration of a state emergency. The Governor so declared a state em Carlsbad at 10:15 a.m. on Tuesday, October 22, 1996. Subsequently, the Presi United States declared certain Southern California counties, including San Diego ( 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 54 declaring a continuing state of local emer the City of Carlsbad, emergency areas pursuant to Presidential powers allowing the ' its meeting of December 17, 1996, adopted Resolution No. 97-1 1 at its meeting o 1997, adopted Resolution No. 97-45 at its meeting of January 28, 1997, adopted Re 97-70 at its meeting of February 18, 1997, and adopted Resolution No. 97-94 at it: The City Council introduced Ordinance No. NS-398 on March 11, 1997, proh shakes and shingles as roof coverings for new or replacement roofs in the City ba climactic, geologic or topographical conditions. .x 0 0 Agenda Bill # I?, 10 1 Page 2 While the California Department of Forestry (CDF) has reduced its presence to two persons), good progress on mitigation continues apace. The combined efforts oi Conservation Corps (CCC), and to a lesser extent the Urban Corps, have filled apl 11,000 rock bags. This, along with the 50,600 rock bags purchased to date, means tha 61,600 bags were installed by November 16, 1996. These bags have primarily bee construct in excess of 100 check dams to help control sediment and ash. Moderate rain occurring on November 21 , 1996 caused no significant erosion prok result of the Harmony Grove Fire. Substantial preventative erosion control measure up to that date performed extremely well. Significant amounts of sediment and 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 Dei 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 dwe repairing partially damaged homes. However, it is anticipated that more applicati received due to the information telephone calls being received by the Community Dl 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 Governork Office of Emergency Services (OES) has reported that the state’s re upgrade the federal emergency declaration to a major disaster has been denied. Alt 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 Businec Administration loans are not presently available to victims. Although the state has indicated it could appeal that denial, OES has indicated that 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 i 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 emei measures and debris removal. Under a major disaster declaration the scope likely \r 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 a 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 tk 0 Agenda Bill No. 1 Yj 91 Page 3 I. the normal protective services, personnel, equipment and facilities of the City. If Cou it appropriate, staff will present a report on the scope of this emergency, the responsl the necessity and appropriateness of future response actions. ENVIRONMENTAL REVIEW: These actions are exempt from environmental review pursuant to Public Resou 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 exp 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 anti1 costs related to the Harmony Grove file. Under the provisions of the declaration, the City may expect to recover $250,000 oft expenses. Carlsbad Emergency Management Administration Team will submit all o costs to FEMA and OES for reimbursement. EXHIBITS: 1. Resolution No. "1- 4oq . .1 c 1 2 3 4 5 6 7 8 9 10 11 12 2w8 i; z Z 13 408 oug 14 ?LO 2055 ntgn 3 aG22 v * 9 l5 2:::- 16 t t22 ’ 7 o0 ia ’’ 20 *’ 22 23 am m> tJZ zum E:$ a0-r 24 25 26 27 28 0 0 RESOLUTION NO. 97-409 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 thc Council was not at that time in session; and WHEREAS, on Tuesday, October 22, 1996, the City Council conver a special emergency session at 12:08 a.m. and declared a state of emergency du catastrophic fire within the City of Carlsbad which fire has caused, continues to 1 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, tk Council declared an emergency did exist throughout Carlsbad; and WHEREAS, the City Council did ratify the Proclamation of an Existe a Local Emergency (attached as Exhibit A) declared by the City Manager on Monc WHEREAS, said local emergency continues until the calamitous fi resulting damage is abated; and WHEREAS, it is the intent of the City Council to seek the maximu 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 neces effectuate this intent, I 1 1 2 3 4 5 6 7 8 9 10 1 1 12 l3 1 4 90 ~wS .$z& cog ow: 2055 EA: EG’O J armJ ,+ j5 zum~ Eggs 1 ‘ EO% >2% 17 60 ‘1)> 5UU 0Z-l- a02 l8 1 9 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, the Governor declared a state of emergency on Tue: October 22, 1996, WHEREAS, the President of the United States declared a na’ emergency area in certain counties in Southern California, including San Diego Cc and the City of Carlsbad, and WHEREAS, state law requires the City Council to review the nee 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 healtl safety of the citizens of Carlsbad, and WHEREAS, the City of Carlsbad intends to file a notice of in regarding applying for federal and state disaster assistance in conjunction wii Presidential Emergency Declaration due to the October 21, 1996 Harmony fire. WHEREAS, the Governor‘s Office of Emergency Services has rei that the state’s request to upgrade the federal emergency declaration to a major di 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 Nl 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 Decc 2 7 8 9 10 11 0 l2 L2 Yr- 55; 13 oLu2 iU-0 $055 lrc5g :;$: 0 n u zwmu uaqn 0 l4 ’ 5 >-JZ ozJ - 16 E:; >Z% 17 60 COJ 18 19 20 21 22 23 24 25 26 27 28 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 thi Council of the City of Carlsbad, California, on the 25th day of March 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila and Hall NOES: None ABSENT: Council Members Nyg __ .___ ATTEST: ALETHA aLzL L. W$TENE*\ 3 I 1 2 3 4 5 6 0 0 3, 1996, continued by the adoption of Resolution No. 96-436 on December 17, I< continued by the adoption of Resolution No. 97-1 1 on January 7, 1997, continue the adoption of Resolution No. 97-35 on January 28, 1997, continued by the adoptic Resolution No. 97-70 on February 18, 1997, and further continued by the adoptic Resolution No. 97-94 on March 4, 1997 which need includes mitigation of pro damage, coordination of disaster relief, placement of erosion control devices , e 0 \J -. i, rJ OF A m # (8y Olnctor of Irrrgtncy Servtcet*) wW, f Ord~nmcr Ham 1152 of the City of Carlsbad arrg-1 OIrcctor of €myeaey kmieas*. ta ~racfrh the utttw8 or thn txtttmte of a local em cney when tal& City Is affected ar tlke'ly WEREAS, the Otnctur of hrgtncy Servfcrs of the City of C That candittous of extreme ertl t-fet of perroar ad 1 c* 1 re* , stom, rpidCPll affect& by (t publlc ulup1 7 y and tha City Council is not tn restfon( uu does hrnby ftndy, - have rrften wftbjn satd City, eausufby d earthquake, or otitrr. cause)' that the City Councfl of the City of Carlrbad Is not in se$t crnnat Imediatrly &e called Into session); m, ntfRfWf, 11 1s NmY PmI)IED that i local mFQi exfsts thmughaut srld Uty; ad ST IS NRTHER PROCtAfHED u(0 ObEm that durhg tb8 exlstena local emergency the powart, functions and dutler of the emwgu~y org; and resolutions of this Cfty, and by the City of Carltbr €#trgtncy Of this City Shall b8 tho58 pr@SCI'ibad by Stat8 IW* by IchWW) 01 approved by the Ctty Councf'l on 18 - A\ I & C1.II.----LI--- . +Thfr form my be used when the dttectot is authorized by otdinmca St should be noted that Stctlon 8630 of thr-1 a . Yhancver a local me ency is prodaimed by en of such a procl~tiottm I Code ptov.ider: dtslgnated by ordtnance, the Iota em cncy shall not mfrr in governing body e fep I pgrjd In ace$$ of seven days ? un est it has been ratifhd .*%- ,c a I *We apptoprlrtc title, it estrblirhcd by ordinance, .. .. .- EncloSw Ael-At PW 4 I 1