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Home My WebLink About1996-11-05; City Council; Resolution 96-373r I 1 2 3 4 5 6 7 8 9 10 11 12 Sw8 2 2 z 13 an8 J"W% l4 $0-35 -1 z&g2 'a- l5 Om JLU >JZ E62; $Z$z 16 17 18 E:$ 0" a0-l E?% - 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 963'73 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 Carlsbad proclaimed the existence of a local emergency due to the existence ai continued and threatened existence of the Harmony fire in Carlsbad and su emergency affected the City and was likely to create a public calamity and the C Council was not at that time in session; and WHEREAS, on Tuesday, October 22, 1996, the City Council convened a special emergency session at 12:08 a.m. and declared a state of emergency due tc catastrophic fire within the City of Carlsbad which fire has caused, continues to cau and threatens to continue to cause property damage, personal injuries and 0th economic and social costs and damages resulting from this disaster of an unknov amount at this time; and WHEREAS, in accordance with the laws of the State of California, the C Council declared an emergency did exist throughouii Carlsbad; and WHEREAS, the City Council did ratify the Proclamation of an Existence a Local Emergency (attached as Exhibit A) declared by the City Manager on Mondz October 21, I996 at 6:25 p.m.; and WHEREAS, said local emergency continues until the calamitous fire ar resulting damage is abated; and WHEREAS, it is the intent of the City Council to seek the maximum ai comfort and restitution of its citizens who are victims of this calamity; and r 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 00, SW? ??A an8 low% $044 >iZ 1 5 EtSE 9008 a;$: zwv)o $Zkd 16 053 LOCI3 aoA E:% - l7 00 JUU 18 19 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, it is the intent of the City Council to do all things necessary effectuate this intent, WHEREAS, the Governor declared a state of emergency on Tuesck October 22,1996, WHEREAS, the President of the United States declared a national disast in certain counties in Southern California, including San Diego County and the City Carlsbad, and WHEREAS, state law requires the City Council to review the need f continuing the state of local emergency at least every 21 days pursuant to Govemme Code section 8630(c)(2) and that the Council shall proclaim the termination of the loc emergency at the earliest possible date that conditions warrant, and WHEREAS, the Council has received the necessary information ar update in order to evaluate the continuing need for a local state of emergency, and WHEREAS, even though the actual fire has now been controlled ar ended, there is still need for the state of local emergency to continue requiring dama( repairs, assessments and mitigation measures, erosion control measures and otht measures in order to prevent further perilous damage and to ensure the health an 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 tt- Presidential Disaster Declaration due to the October' 21, 1996 Harmony fire. NOW, THEREFORE, BE IT RESOLVED that 1. The above recitations are true and correct. 2. There is a need to continue the state of the local emergency declare Tuesday, October 22, 1996, which need includes mitigation of property damagt 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 Sm mu? &E& am8 _low8 $045 FA: Kt5 000, 15 :;$? 0, h $ x 16 E:? >- 2 5 l7 Eo m> Jk(3 zwm 0 a01 18 19 20 21 22 23 24 25 26 27 28 0 0 coordination of disaster relief, placement of erosion control devices and construction ar placement of other devices, including appropriate fire and building measures necessa to abate hazards created by the Harmony fire. 3. The need for this continuing declaration shall be reviewed within : days in accordance with state law. 4. The following persons shall be authorized to execute any and i documents on behalf of the City for the purposes of obtaining federal and state financi assistance under the appropriate federal and state laws, Claude A Lewis, Mayc Raymond R. Patchett, City Manager; Ronald R. Ball, City Attorney; Frank Manne Assistant City Manager and James Elliott, Financial Management Director. 5. That the City Manager during the existence of the local emergency ar in his capacity of Director of Emergency Services shall be authorized to execute suc contracts and order such work as is reasonably necessary to effectively respond to tl- emergency in order to protect the health, safety and welfare of the citizens of Carlsbz and the rules requiring notice and advertisement of bidding for such contracts shz likewise be suspended during the term of the emergency. Ill /Ill Ill/ //I/ Mi Mi Ill1 Ill/ 1 2 3 4 5 6 7 8 9 10 11 12 13 Y2 lruw 408 14 d;g% 2045 Ed$ 15 ar->o gOok +3i urn3 g$$6 16 002 Larn 00 0 sug <a1 pz 17 - 18 19 20 21 22 23 24 25 26 27 28 e e PASSED, APPROVED AND ADOPTED at a regular meeting of the C Council of the City of Carlsbad, California, on the 5th day of NOVEMBER , 19~ by the following vote, to wit: AYES: NOES: None ABSENT: None Lewis, Nygaard, Kulchin, Finnila, Hall ATTEST: / kLw&, (aL&TI-&UA . U@K#ANZ City Clerk KAREN R. KUNDTZ, Assistant City ( .( NCY 0 0 PROCLAMATION OF FXISTFNCE OF A LOCAL Fm 1 (By Oirector of Emergency ServlceP) UHEREAS,!Ordtnance NO. 1152 of the Cfty of Carlsbad empowers Dfrector of Emergency Services- to proclaim the existence or threate existence of a local emergency when said CIty Is affected or likely to affected by a public calamity and the City Couincil is not in session; and WHEREAS, the Oirector of Emergency Services of the City of Carl does hereby find: 1,. - That condftlons of extreme peril tgc"ufety \ of persons and prop have arisen within said City, caused by .' b. < earthquake, or other cause) That the City Council of the City of Carlsbad is not in sessfon cannot imediately be called into session); NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency exists throughout said City; and IT IS FURTHER PROCLAIMED AN0 OmERED that during the existence of local emergency the powers, functions and duttes of the emergency organiz, of this City shall be those prescribed by state law, by (charter) ordin, and resolutions of this City, and by the City of Carlsba Emergency Plar (fire, flhd;-stonn, epidemic, riot approved by the City Council on \a - x - \ * 19& ---------- *This form may be used when the director is authorized by ordinance to such a proclamation. Code provides: It should be noted thiit Section 8630 of the Gover ". . . Whenever a local emergency is proclaimed by an officia designated by ordinance, the local emergency shall not remain in effec for a period in excess of seven days unless it has been ratified by th governing body . . . " **Use appropriate title, at established by ordinance. - I' \ \ '"-x;Y=l 6$ -, r- \>,\ ,)& %K%dT=iEF CITY OF $ ARLSBAD, CALIFORNIA .a. .A - Enclosure A-1-A, Page 4 mw