HomeMy WebLinkAbout02 PROCLAMATION DECLARING A LOCAL EMERGENCYPROCLAMATION OF LOCAL EMERGENCY
A PROCLAMATION OF THE CITY MANAGER OF THE CITY
OF TUSTIN, CALIFORNIA, ACTING AS THE DIRECTOR OF
EMERGENCY SERVICES, DECLARING THE EXISTENCE
OF A LOCAL EMERGENCY.
WHEREAS, Tustin Municipal Code Sections 5204 and 5205 empower the City
Manager, as the Director of Emergency Services, to declare the existence or threatened
existence of a local emergency; and
WHEREAS, California Government Code Section 8550 et seq., including Section
8558(c), authorizes the City Manager to proclaim a local emergency when the City is
threatened by conditions of disaster or extreme peril to the safety of persons and property
within the City that are likely to be beyond the control of the services, personnel,
equipment, and facilities of the City; and
WHEREAS, on Tuesday, November 7, 2023, a fire erupted on the
decommissioned Tustin Air Base in the North Hangar, a wooden structure, constructed
in the 1940's and designated as a Historical Landmark; and
WHEREAS, the U.S. Navy is the responsible owner of the site, including the North
Hangar, but does not maintain firefighting or other equipment due to the decommissioned
status of former Marine Corps Air Station Tustin; and
WHEREAS, the Orange County Fire Authority (OCFA) was dispatched to the
former Marine Corps Air Station Tustin to respond to the rapidly progressing fire that
ultimately destroyed the North Hangar; and
WHEREAS, the South Coast Air Quality Management District (SCAQMD)
conducted air quality samples which showed elevated levels of chemicals of potential
public health concerns including asbestos; and
WHEREAS, conditions of extreme peril to the safety of persons and property have
arisen in the City of Tustin due to air pollution from the fire and the potential release of
chemicals of public health concern including asbestos; and
WHEREAS, it is anticipated that immediate and long-term environmental testing
and remediation may be needed to protect the health and safety of the public; and
WHEREAS, is it unclear at this point the extent of testing or remediation that will
be needed such that the conditions resulting from the fire and chemicals of public health
concern are or are likely to be beyond the capacity of the City of Tustin or surrounding
jurisdictions to address on their own and may require the combined forces of local, state
and federal authorities to combat or assess; and
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WHEREAS, the demolition, debris removal, site remediation and other offsite
remediation requirements are unknown at this time; and
WHEREAS, the City Manager, acting as the Director of Emergency Services, has
the power to declare a local emergency as authorized by California Government Code
Section 8630 and Tustin Municipal Code Sections 5204 and 5205(a)(1).
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED BY THE
CITY MANAGER OF THE CITY OF TUSTIN AS FOLLOWS:
Section 1. As contemplated in the Emergency Services Act contained in
California Government Code Section 8550 et seq., including Section 8558(c), and
Chapter 2 of Article 5 of the Tustin Municipal Code, a local emergency exists based on
the existence of conditions of disaster or of extreme peril to the safety of persons and
property caused by an epidemic, as detailed in the recitals set forth above.
Section 2. The area of the City of Tustin which is endangered/imperiled is the
entire City.
Section 3. During the existence of this local emergency, the powers, functions,
and duties of the emergency organization of this City shall be those prescribed by state
law and by ordinances, resolutions, and orders of this City, including but not limited to the
City's Emergency Plan.
Section 4. The City Council shall review and ratify this proclamation of the City
Manager within seven days as required by state law, and if ratified, shall continue to exist
until the City Council proclaims the termination of this local emergency. The City Council
shall review the need for continuing the local emergency as required by state law until it
terminates the local emergency, and shall terminate the local emergency at the earliest
possible date that conditions warrant.
Section 5. That a copy of this proclamation be forwarded to the Director of
California Governor's Office of Emergency Services requesting that the Director find it
acceptable in accordance with state law; that the Governor of California, pursuant to the
Emergency Services Act, issue a proclamation declaring an emergency in the City of
Tustin; that the Governor waive regulations that may hinder response and recovery
efforts; that recovery assistance be made available under the California Disaster
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Assistance Act; and that the State expedite access to State and Federal resources and
any other appropriate federal disaster relief programs.
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NICOLE BERNARND, ACTING CIT
MANAGER, AND ACTING DIRECTOR
OF EMERGENCY SERVICES
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ERICA YASLOA, CITY CLERK
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