HomeMy WebLinkAbout01 NEED TO CONTINUE THE PROCLAIMED LOCAL EMERGENCY
Agenda Item_______
Reviewed:
AGENDA REPORT City Manager_______
Finance Director_______
MEETING DATE:JANUARY 9,2024
TO:NICOLEBERNARD,ACTING CITY MANAGER
FROM:DAVID E. KENDIG, CITY ATTORNEY
SUBJECT:DETERMININGTHE NEED TO CONTINUE THE PROCLAIMED LOCAL
EMERGENCY RELATED TO THE NAVY NORTH HANGARFIRE INCIDENT
SUMMARY
Atitsmeeting on November 10, 2023,the City Council ratified the Acting City
Managerroclamation of Local Emergencyrelated to the fire at the U.S Department
of the Navys (Navy)North Hangar and release of chemicals of public health concern,
including asbestos.Thisitem recommends that the City Councilreview and determine
that the need exists to continue the local emergency, as required by State law.
RECOMMENDATION
It is recommended that the City Council:
1.The City Council review the need to continuethe local emergency; and
2.Determine thatthe needexiststo continue the local emergency.
FISCAL IMPACT
There is no direct impact from adetermination that a local emergency continues to
exist. However, the proclamationof emergency may aidthe City in qualifying for
emergency assistance from Federal, State and local agencies in unknown amounts.
BACKGROUNDAND DISCUSSION
On November 7, 2023, a fire broke out at the Navyar at the former Marine
CorpsAir Station, Tustin. The firecaused asbestos-containing debrisand other matter
from the NavyNorthHangar to be released andto spread into surrounding private and
public properties.The debris impact zone coversapproximately 6.5 square miles
aroundthe NavyNorth Hangar.
City Council Agenda Report
January 9, 2024
Determining the Need to Continue Local Emergency Navy North Hangar Fire Incident
Page 2
Some of the impacts of the Navy North Hangar fire include:
Over 1,500 homes and 14,000 people have been impacted. The assessment and
debris collection effort continues and will take weeks, if not months, to complete
on a house-by-house basis.
29 Tustin Unified School District schools were closed for weeks. Each needed to
be individually assessed, tested, cleaned and analyzed, but all have reopened.
12 City and private parks were closed. Each needed to be individually assessed,
tested, cleaned and analyzed, but all have reopened.
Several public roads were closed for weeks, and railroad lines were impacted
with debris, but all have been cleared.
A Tustin Police substation was closed but has reopened.
A South Orange County Community College District campus was closed but has
reopened.
As a result of the fire, the releases, and the immediate impacts on the community, on
November 9, 2023, the Acting City Manager proclaimed a state of local emergency
(Attachment 1). At an emergency meeting on November 10, the City Council ratified
the Proclamation. A similar Proclamation of Emergency was also approved by the
Orange County Board of Supervisors on November 10.
During the City CouncilNovember 10 meeting, the City Council also approved a
Cooperative Agreement with the Navy pursuant to which the Navy authorized the City to
take all appropriate emergency measures necessary to protect against the imminent
and substantial endangerment to human health or the environment related to the Navy
North Hangar fire.
Since that time, City staff, the Orange County Fire Authority, and multiple emergency
service providers retained to assist the City in handling and managing this
unprecedented emergency have worked closely with Federal, State and local health
and environmental agencies to take all necessary and appropriate emergency
measures to protect public health and safety.
The City, along with the County of Orange, continue to
Declaration, approval of California Disaster Assistance Act (CDAA) funding, and access to
City Council Agenda Report
January 9, 2024
Determining the Need to Continue Local Emergency Navy North Hangar Fire Incident
Page 3
other appropriate federal disaster relief programs in response to the catastrophic Navy
North Hangar fire.
DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY
Government Code § 8630(c) requires the City Council to review the need for continuing
the local emergency at least once every 60 days until the \[City Council\] terminates the
local emergency. As noted above, the Council ratified the Proclamation of Emergency
th
on November 10, 2023. The 60 day after November 10,2023 is January 9, 2024.
The need for the emergency efforts in response to the fire and release of hazardous
materials continues, with the on-going cleanup under the direction of the Environmental
Protection Agency, the South Coast Air Quality Management District, and the Orange
County Health Care Agency. On-going and future aspects of the emergency include but
are not limited to:
Enormous amounts of fire debris and collected asbestos-containing debris are
currently contained on or near the former Navy North Hangar location pending the
Navyremoval and transportation of the materials to an off-site, licensed
hazardous waste disposal facility.
A specific date has not yet been scheduled for the Navy, but the
removal is anticipated to occur in the coming weeks.
Active air quality monitoring will continue until all fire and asbestos debris is
removed from the Navy North Hangar site by the Navy.
Although a large majority of the debris removal in the community has been
addressed under the direction of Certified Asbestos Consultants, debris removal
continues in response to reports of the debris in the community.
A scientific study of the soils and interiors of residential properties in the impacted
areas is being coordinated by the City under the guidance of the Federal, State
and local health and environmental agencies.
Based on the foregoing, staff recommends that the City Council determine that the need
exists to continue the local emergency in connection with the Navy North Hangar fire
and release of materials.
Attachment:
1. November 9, 2023 Proclamation of Emergency