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HomeMy WebLinkAbout1996-10-22; City Council; Minutes (3)a. 0. MINUTES FOR EMERGENCY MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 22,1996 CALL TO ORDER Mayor Lewis called the meeting to order at 12:08 a.m. ROLL CALL Present: Mayor Lewis Mayor Pro Tem Nygaard Council Member Finnila Council Member Hall The City Council was called together at 12:08 a.m., pursuant to Government Code section 54956.5, to declare a local emergency in the City of Carlsbad due to the calamitous fire resulting in property damage, personal injuries, disruption of essential public services, mutual aid requests, requests for assistance from all appropriate emergency services organizations including consideration of requests for assistance from the state and federal governments, and to ratify the Proclamation of the Existence of a Local Emergency proclaimed by the City Manager on Monday, October 21, 1996 at 6:25 p.m. The City Manager briefed the City Council on the state of the emergency, including all available information as to emergency responses that had been made and were being made in an effort to control and abate the emergency fire, and to minimize and mitigate potential injuries and damages in the City. Chief Van der Maaten explained the necessary protocols and responses to the emergency and requests for assistance through the appropriate relief organizations, the County of San Diego, the State of California and the United States of America. The City Attorney explained the proposed resolution and the ratification of the Proclamation of a state of emergency declared by the City Manager until an emergency meeting of the City Council could be held. The Council adopted Resolution No. 96-357 declaring the existence of a local emergency and requesting Office of Emergency Services assistance and concurrence in responding to such emergency as follows: .. 0. ACTION ON MOTION BY MAYOR PRO TEM NYGAARD: Council adopted Resolution No. 96-357, declaring the existence of a local emergency and requesting Office of Emergency Services assistance and concurrence in responding to such emergency, ratifying the Proclamation of a state of emergency by the City Manager, and directing the City Attorney to prepare the appropriate resolution and documents for signature, filing and posting. AYES: Lewis, Nygaard, Hall and Finnila NOES: ABSENT: Kulchin ADJOURNMENT The emergency meeting of the City Council was adjourned at 12:25 a.m. Respectfully Submitted, f-\ 1, RONALD R. BALL, City Attorney CERTIFICATE OF POSTING 1 do hereby certify that a copy of the foregoing agenda was osted on the door of !he Council ea 0. 1 II RESOLUTION NO. 96-357 2 3 4 5 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PROCLAIMING 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 City of Carlsbad proclaimed the existence of a local emergency due to the existence and continued and threatened existence of a local emergency in Carlsbad and such 9 emergency affected the City and is likely to create a public calamity and the City Council 8 IO was not at that time in session; and 11 WHEREAS, on Tuesday, October 22, 1996, the City Council convened at Sm l2 a special emergency session at 12:08 a.m. and declared a state of emergency due to a rnwz aog jUC3 catastrophic fire within the City of Carlsbad which fire has caused, continues to cause Ow% n>dz 3 8 a- a>m$ ZK5d *> &z& 13 qoaa 14 fk5a: economic and social costs and damages resulting from this disaster of an unknown 5$r?O 16 OoB 15 and threatens to continue to cause property damage, personal injuries and other E:? $2: 60-1 17 l9 WHEREAS, in accordance with the laws of the State of California, the City 18 amount at this time; and Council declared an emergency did exist throughout Carlsbad; and 20 21 22 23 24 WHEREAS, said local emergency continues until the calamitous fire is 5 WHEREAS, the City Council did ratify the Proclamation of an Existence of a Local Emergency (attached as Exhibit A) declared by the City Manager on Monday, October 21, 1996 at 6:25 p.m.; and 25 abated; and 26 27 WHEREAS, it is the intent of the City Council to seek the maximum aid, comfort and restitution of its citizens who are victims of this calamity; and 28 0. .. 1 WHEREAS, it is the intent of the City Council to do all things necessary to 2 effectuate this intent, 3 NOW, THEREFORE, IT IS PROCLAIMED that 4 5 6 7 1. The above recitations are true and correct. 2. A local emergency now exists throughout Carlsbad. 3. The City Civil Defense and Disaster Council is authorized and directed 8 9 to respond to this emergency by exercising the maximum powers to the fullest extent of the law authorized under Chapter 6.04 of the Carlsbad Municipal Code and the laws of lo 11 the State of California as appropriate. 12 13 14 15 20 19 18 the City Manager or City Council as appropriate. 17 5. Said emergency continues to exist until declared abated by order of 16 22 21 4. The City Manager or his designee is authorized and directed to complete and file all appropriate forms and documents necessary to abate the emergency and to obtain the maximum cooperation and assistance both financial and otherwise in responding to this emergency; and 6. It is further ordered that a copy of this resolution be forwarded to the state director of the Office of Emergency Services with a request that he or she find it acceptable in accordance with the provisions of the Natural Assistance Act, the Ill 23 I[ 111 24 Ill 25 Ill 26 27 20 Ill Ill -. - 11% 0. 0. II 1 2 Emergency Response and Services Provisions of the Government Code of the State of 5 4 3 California and such other applicable provisions of the laws of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 22nd day of October 1 /I 1996, by the following vote, to wit: 6 /I AYES: Lewis, Nygaard, Finnila, Hall 7 8 11 NOES: 9 ABSENT: Kulchin 10 @ //CY 11 //A 12 CLAUD /9 13 14 15 ATTEST: 16 RONALD R. BALL, City Attorney 17 18 19 20 21 22 23 24 25 26 1 -2- 27 28 ~ II .I ' I .. 00 * @a PROCl AMATION OF EXISTFNCE OF A LOCAL EMERGENCY (By Director of Emergency Services**) WHEREAS, :'Ordinance NO. 1152 of the City of Carlsbad empowers the. Director of Emergency Services** to. proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the Clty Council is not in session; and WHEREAS, the Director of Emergency Services of the City of Carlsbad does hereby find: .- have arisen within said City, caused by " \ b< That conditions of extreme peri 1 t@h.e-s-afe of persons and property -(fire, floodystorm, epidemic, riot, earthquake, or other cause) That the City Council of the City of Carl sbad is not in session (and cannot immediately be called into session); NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a 1 oca1 emergency now exists throughout said City; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions and duties of the emergency organization of this City shall be those prescribed by state law, by (charter) ordinances and resolutions of this City, and by the City of Carlsba Emergency Plan, as approved by the City Council on \Q - A - 1 , 19& """"" ..*This form may be used when the director is authorized by ordinance to issue such a proclamation. It should be noted that Section 8630 of the Government Code provides: ". . Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body . . . " **Use appropriate title, at established by ordinance. I " \a -$&y5 6': +q RAYMOND r' ATCHETT, CITY MANAGER CITY OF ARLSBAD, CALIFORNIA \% T ME 5 .d. '1.. .- Enclosure A-1-A, Page 4