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Home My WebLink About1997-02-18; City Council; Resolution 97-700 0 1 2 3 4 5 6 7 a 9 10 11 n 32 +U, ow2 slug zgg “22 go0e sp$j E:? K-> 02-12 ““90 >2q 60 401 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9 7 - 70 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 City c Carlsbad proclaimed the existence of a local emergency due to the existence ant continued and threatened existence of the Harmony fire in Carlsbad and sucl emergency affected the City and was likely to create a public calamity and the Cit Council was not at that time in session; and WHEREAS, on Tuesday, October 22, 1996, the City Council convened a a special emergency session at 12:08 a.m. and declared a state of emergency due to i catastrophic fire within the City of Carlsbad which fire has caused, continues to caw and threatens to continue to cause property damage, personal injuries and othe economic and social costs and damages resulting from this disaster of an unknowr amount at this time; and WHEREAS, in accordance with the laws of the State of California, the CiQ Council declared an emergency did exist throughout Carlsbad; and WHEREAS, the City Council did ratify the Proclamation of an Existence o a Local Emergency (attached as Exhibit A) declared by the City Manager on Monday October 21, 1996 at 6:25 p.m.; and WHEREAS, there is a need to continue the state of local emergenc) declared Tuesday, October 22, 1996, continued by the adoption of Resolution No. 96. 373 on November 5, 1996, continued by the adoption of Resolution No. 96-397 or November 19, 1996, continued by the adoption of Resolution No. 96-414 on Decembe, 3, 1996, continued by the adoption of Resolution No. 96-414 on December 17, 1996: continued by the adoption of Resolution No. 97-1 1 on January 7, 1997, and furthel I1 0. 0 9m rnuF Ow8 an8 iLL, $035 dt5a: none 2;ss 02" - ZWV)" K~qn 002 LOW 40-1 60 >2% 2Sm tlZ 1 appropriate fire and building measures necessary to abate hazards created by thl 4 erosion control devices and construction and placement of other devices, includin 3 includes mitigation of property damage, coordination of disaster relief, placement c 2 continued by the adoption of Resolution No. 97-35 on January 28, 1997, which nee' Harmony fire; and 5 6 WHEREAS, said local emergency continues until the calamitous fire anc 7 resulting damage is abated; and 8 comfort and restitution of its citizens who are victims of this calamity; and 9 WHEREAS, it is the intent of the City Council to seek the maximum aic 10 WHEREAS, it is the intent of the City Council to do all things necessary tc 11 effectuate this intent, 12 WHEREAS, the Governor declared a state of emergency on Tuesday 13 October 22, 1996, 14 WHEREAS, the President of the United States deciared a nationa l5 WHEREAS, state law requires the City Council to review the need fol 17 and the City of Carlsbad, and l6 emergency area in certain counties in Southern California, including San Diego Count) Code section 8630(c)(2) and that the Council shall proclaim the termination of the loca I' continuing the state of local emergency at least every 21 days pursuant to Governmen, l8 2o 11 emergency at the earliest possible date that conditions warrant, and 21 I1 WHEREAS, the Council has received the necessary information and 22 11 update in order to evaluate the continuing need for a local state of emergency, and 23 24 25 26 27 WHEREAS, even though the actual fire has now been controlled and ended, there is still need for the state of local emergency to continue requiring damage repairs, assessments and mitigation measures, erosion control measures and othel measures in order to prevent further perilous damage and to ensure the health and 28 2 0 0 1 2 3 4 5 6 7 8 9 10 11 om m> GFcA aaS aoaa m>iz cftya: -2L%a OZJO ““90 pz mQ,g dzg% 9 002 I <i E:$ <0_1 GV 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 safety of the citizens of Carlsbad, and WHEREAS, the City of Carlsbad intends to file a notice of intere: regarding applying for federal and state disaster assistance in conjunction with thi Presidential Emergency Declaration due to the October 21, 1996 Harmony fire. WHEREAS, the Governor‘s Office of Emergency Setvices has reporter that the state’s request to upgrade the federal emergency declaration to a major disaste was denied ; and WHEREAS, there is a need to continue the state of the local emergenc) declared Tuesday, October 22, 1996, continued by the adoption of Resolution No. 96. 373 on November 5, 1996, continued by the adoption of Resolution No. 96-397 or November 19, 1996, continued by the adoption of Resolution No. 96-414 on Decembe 3, 1996, continued by the adoption of Resolution No. 96-436 on December 17, 1996, continued by the adoption of Resolution No. 97-1 1 on January 7, 1997, and further continued by the adoption of Resolution No. 97-35 on January 28, 1997 which need includes mitigation of property damage, coordination of disaster relief, placement oi erosion control devices and construction and placement of other devices, including appropriate fire and building measures necessary to abate hazards created by the Harmony fire. ... ... ... ... ... ... ... ... 3 e 0 1 2 3 4 days in accordance with state law. NOW, THEREFORE, BE IT RESOLVED that 1. The above recitations are true and correct. 2. The need for this continuing declaration shall be reviewed within 2 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Cil 6 8 1997, by the following vote, to wit: 7 Council of the City of Carlsbad, California, on the 18th day of February AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall 9 10 11 n m>- $us &E& 2:;2 <a8 ao<< >iZ atsu OnB :;az 5YYV p; p5 EUE~ <OJ 00 12 13 14 35 16 17 18 19 20 21 22 23 24 25 26 27 28 NOES: None ABSENT: None I! ATTEST: ALETHA l%l.&-& L. WtTEg-k 4 0 1 wr4 IrJ' t /T 'W UJ OF m OF A - 8 (8y Otnctat of krgcncy Scrvlccs++) YH-, f Ordinace CIO. 3 152 of t&e Ctty of Carhbad clppowcrv ' Oltcctor of Wt~cucy Swvices++. ta prachlra the uftturce or thnrter existence of a local clllc cnty uhen said City Is affected or llkety ta affecttd by a public calami 7 y ad the Ctty Council is not in srssfon; and YffiEBUf,' tkrr Director of hrgcncy Sarvfccs of the City of Carlsl does hereby f Ind; ** . 1 - That caditlons of extram crf of P=so= ad PmPe tonu, cpldsgfc, riot, have rrfsen wlthfn srtd Cftr, uusef! by earthquake, or ofnrq cause) that the Cfty Councfl of the City of' Carlsbad is not in setsfon ( cannot Irawdhtely be called Into setsfon): #oy, THEBEFORE, IT SS WE8Y PROCUM0 that a local mrgency eif sts throughout srtd City; and IT If FURTHER PROCLAIED AN0 ObERm that during the cxtstenca of ! local emergency the powers, functfons and dutter of .the 8meiqency orgmito' of thfr Ctty shall be thasr prescribed by state law, by (charter) ordinal and reto'tutfoar of thts Clty, and by the Clty of Catltba btrgtncy Plan, approved by the City Counci 1 on I fl - A \ I *9& 1 """"" . *Thfs form may be used when tho dtrector fs ruthorfzed by ordfnance to i. such a proclamatfan. It should be noted that Section 8630 of thc"6ovtm Code provides: . . . ifhenever P local me emy f s proclafd by en official dcslgitated by ordhance, the Iota em? ency shall not main fn effect for a period In excess of seven days rsIq un est tt has been ratffted by the governing body . s a **Use rpproprfate title, at established by ordfnancr. .. .. \o-~x;T~ Gv& , - -..* " Enctosrrre A-14, Page 4 I