HomeMy WebLinkAbout1997-03-25; City Council; Resolution 97-409* 1 w 0
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RESOLUTION NO. 9 7 - 4 0 9
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 an1
continued and threatened existence of the Harmony fire in Carlsbad and SUC
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 special emergency session at 12:08 a.m. and declared a state of emergency due to
catastrophic fire within the City of Carlsbad which fire has caused, continues to caus
and threatens to continue to cause property damage, personal injuries and othc
economic and social costs and damages resulting from this disaster of an unknow
amount at this time; and
WHEREAS, in accordance with the laws of the State of California, the Ci‘
Council declared an emergency did exist throughout 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 Monday,
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
WHEREAS, it is the intent of the City Council to do all things necessary
effectuate this intent,
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1 WHEREAS, the Governor declared a state of emergency on Tuesday
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October 22, 1996,
WHEREAS, the President of the United States declared a nation:
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emergency at the earliest possible date that conditions warrant, and 9
Code section 8630(c)(2) and that the Council shall proclaim the termination of the loci 8
continuing the state of local emergency at least every 21 days pursuant to Governmer 7
WHEREAS, state law requires the City Council to review the need fc 6
and the City of Carlsbad, and 5
emergency area in certain counties in Southern California, including San Diego Count
10 WHEREAS, the Council has received the necessary information an
11 update in order to evaluate the continuing need for a local state of emergency, and
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WHEREAS, even though the actual fire has now been controlled an
ended, there is still need for the state of local emergency to continue requiring damag
repairs, assessments and mitigation measures, erosion control measures and othc
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 interer
~ regarding applying for federal and state disaster assistance in conjunction with th ’ 9
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Presidential Emergency Declaration due to the October 21, 1996 Harmony fire.
WHEREAS, the Governor’s Office of Emergency Services has report€
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that the state’s request to upgrade the federal emergency declaration to a major disastc
was denied ; and
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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. 9t
373 on November 5, 1996, continued by the adoption of Resolution No. 96-397 c
November 19, 1996, continued by the adoption of Resolution No. 96-414 on Decembr
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2. The need for this continuing declaration shall be reviewed within 2 11
1. The above recitations are true and correct. 10
NOW, THEREFORE, BE IT RESOLVED that 9
measures necessary to abate hazards created by the Harmony fire. 8
construction and placement of other devices, including appropriate fire and buildin! 7
damage, coordination of disaster relief, placement of erosion control devices an( 6
Resolution No. 97-94 on March 4, 1997 which need includes mitigation of propeq 5
Resolution No. 97-70 on February 18, 1997, and further continued by the adoption o 4
the adoption of Resolution No. 97-35 on January 28, 1997, continued by the adoption o 3
continued by the adoption of Resolution No. 97-1 1 on January 7, 1997, continued b! 2
3, 1996, continued by the adoption of Resolution No. 96-436 on December 17, 1996,
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days in accordance with state law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Cii
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 /I
ABSENT: Council Members Nyg
:: lAnEsT:
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OF W OF A 1-
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(By Utnctor of Emrgcncy SsrvtccP)
UHERUS, f Ordinance 150. 1152 of the Ct ty of Carltbrd wow Utrtctor of &m?$cney Semfc~P. ta pmchim ths e%ittence or tht existence of a local ew ency when said City 4s affected OF tlktlj afftcttd by a public calm1 7 y ad #e City Council 1s not In srsslon; UI
WWEAS, the Director of Emergency Servltrs Qf the, City of C docs henby fW; ** , 1
That CoRdItioas of extreme crfl t fet of perrons and g have artsen wfthjr, trld Cttr, cous Ifwe, e ~t~m, cpiwic, r
eartiquike, or other. cause)'
That the Crty touncf 1 of the City of Carlrbad f: s nat irr Srssl cannot inuadiatcly be called into rctsbn);
#oy, l'HER€FORE, IT IS HEREBY PROCU- that a local emerge! exists throughout sal$ City; and
ST IS FURTHER PROCLAflED A)co WERED that durlng the cxlstence local emergency the powers, functfons and dutftr of the mergemy orgrt of thfr City shall be thosr prescribed by state Iru, by (chrrttr) ort and resolutions of thls City, and by the City of Carl& hrgtncy P approved by the Clty Council on 1 a - k\ I l9&
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. +TMt form may be used when the director fs ruthartred by ordinance t such a proclamation. It should be noted that Sectton 8630 gf thr'"Cov Code provfder :
L Whenever a local me cncy is proclaimed by an offfc dtrtgnated by ordinance, the toea ew ency shall not main tn eff for a perfod $n excess of seven days b un est 4t has been rattfled by governtng body e
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**Use rppraprfrte tith, at estrblfrhed by ordlrrante.
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