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Home My WebLink About1996-12-03; City Council; Resolution 96-414f 1 2 3 4 5 6 7 8 9 10 11 12 Sw8 z 2 Z 13 yz$3 2::s 14 ~ksg 9 4 2 E l5 a>mG zwo(J ““50 00s Loo zq l7 u(J 18 l9 2o 21 22 23 24 25 26 27 28 am an8 0Z-I ~ 16 =lOJ 0 0 RESOLUTION NO. 96-414 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 Cit Carlsbad proclaimed the existence of a local emergency due to the existence i continued and threatened existence of the Harmony fire in Carlsbad and s emergency affected the City and was likely to create a public calamity and the 1 Council was not at that time in session; and WHEREAS, on Tuesday, October 22, 1996, the City Council convene1 a special emergency session at 12:08 a.m. and declared a state of emergency due ’ catastrophic fire within the City of Carlsbad which fire has caused, continues to cai and threatens to continue to cause property damage, personal injuries and ot economic and social costs and damages resulting from this disaster of an unknc amount at this time; and WHEREAS, in accordance with the laws of the State of California, the ( Council declared an emergency did exist throughout Carlsbad; and WHEREAS, the City Council did ratify the Proclamation of an Existena a Local Emergency (attached as Exhibit A) declared by the City Manager on Mond October 21, 1996 at 6:25 p.m.; and WHEREAS, there is a need to continue the state of local emerge declared Tuesday, October 22, 1996, continued by the adoption of Resolution No. 373 on November 5, 1996, and further continued by the adoption of Resolution No. 397 on November 19, 1996, which need includes mitigation of property dama coordination of disaster relief, placement of erosion control devices and construction i placement of other devices, including appropriate fire and building measures necess , 1 2 3 4 5 6 7 8 9 10 11 12 om 13 $z& a08 -low% l4 $055 lyk’g n <;Q o c3 u. l5 OZJO [r n: 0 9 n l6 ao-l E?% 17 GV ’ 8 19 2o 21 22 23 24 25 26 27 28 $uJz JUO >-lz zwv) P:? 0 0 to abate hazards created by the Harmony fire; and WHEREAS, said local emergency continues until the calamitous fire i resulting damage is abated; and WHEREAS, it is the intent of the City Council to seek the maximum 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 necessan effectuate this intent, WHEREAS, the Governor declared a state of emergency on Tuesd October 22, 1996, WHEREAS, the President of the United States declared a natic emergency area in certain counties in Southern California, including San Diego COL and the City of Carlsbad, and WHEREAS, state law requires the City Council to review the need continuing the state of local emergency at least every 21 days pursuant to Governm Code section 8630(c)(2) and that the Council shall proclaim the termination of the IC emergency at the earliest possible date that conditions warrant, and WHEREAS, the Council has received the necessary information i 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 a ended, there is still need for the state of local emergency to continue requiring dam: repairs, assessments and mitigation measures, erosion control measures and otl measures in order to prevent further perilous damage and to ensure the health i safety of the citizens of Carlsbad, and WHEREAS, the City of Carlsbad intends to file a notice of inter1 regarding applying for federal and state disaster assistance in conjunction with 1 Presidential Emergency Declaration due to the October 21 , 1996 Harmony fire. 2 I 1 2 3 4 5 6 7 8 9 10 11 12 Qa 408 4 o 5 4 14 m>JZ dtga: -I 0°n9 ‘a- 15 $Ssz 16 ps l7 &ug 2 $ ~b 13 if%% s&$$ ki? 401 0 18 19 20 21 22 23 24 25 26 27 28 e 0 WHEREAS, there is a need to continue the state of the local emerge declared Tuesday, October 22, 1996, continued by the adoption of Resolution No. 373 on November 5, 1996, and further continued by the adoption of Resolution No. 397 on November 19, 1996, which need includes mitigation of property dama coordination of disaster relief, placement of erosion control devices and construc and placement of other devices, including appropriate fire and building measL necessary to abate hazards created by the Harmony fire. NOW, THEREFORE, BE IT RESOLVED that 1. The above recitations are true and correct. 2. The need for this continuing declaration shall be reviewed within days in accordance with state law. PASSED, APPROVED AND ADOPTED at a regular meeting of the ( Council of the City of Carlsbad, California, on the 3rd day of December , If by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ABSENT: None ATTEST: ALETHA LLLcttL L. W$TE&%$$$ w 3 * e 0 XISTENCE OF A LWEnERGfNcY I (8y 01 rector of Emergency Semi ceF) WHEREAS,! Ordinance NO. 1152 of the CIty of Carlsbrd empowers Of rector of Emergency Servtces-. to proclaim the exlstence or threati existence of a local emergency when said Ctty 1s affected or llkely ts\ affected by a public calamity and the City Council Is not in session; and WEREAS, the Director of Emergency Services of the City of Carl That condittons of extreme peril tab+s.iifet of persons and prop Ifire, floodystorm, epidemic, riot does hereby find: *. . - have arisen within said Clty, caused by \. \ I.. earthquake, or other cause) That the City Council of the City of Carlsbad is not in session cannot imnediately be called into session); MU, THEREFORE, IT IS HEREBY PROCLAIHED that a local emergency exists throughout said City; and IT IS FURTHER PROCUIMED AND ORDERED that during the existence of local emergency the powers, functions and duties of the emergency organizi of this City shall be those prescribed by state law, by (charter) ordin; and resolutions of this City, and by the City of Carlsbr Emergency Plar approved by the City Council on \a - X - 1 ' 193L I ---------- *This form may be used when the director is authorized by ordinance to i such a proclamation. It should be noted that Section 8630 of the Goveri Code provides: ". . . 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 r'atified by thl governing body . . . " **Use appropriate title, at established by ordinance. ._ \>I\ iy - -, , \Ju r b.Jq&- -+j %*&T* CITY OF s ARLSBAD, CALIFORNIA . ./. .* - Enclosure A-1-A, Page 4 ERIBI