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HomeMy WebLinkAboutCC RES 24-20DocuSign Envelope ID: ED8283C5-7C40-4D49-BB87-704E4BB664E4 RESOLUTION 24-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THE NEED TO CONTINUE LOCAL EMERGENCY RELATED TO FIRE AND RELEASE OF HAZARDOUS MATERIALS FROM NAVY NORTH HANGAR 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, conditions of extreme peril to the safety of persons and property have arisen in the City of Tustin due to the fire and the release of chemicals of public health concern including asbestos; and WHEREAS, remediation of debris from the fire continues to be needed to protect the health and safety of the public; and WHEREAS, the Acting City Manager issued a Proclamation of Local Emergency on November 9, 2024; and WHEREAS, the City Council ratified the Proclamation of Emergency at an emergency meeting convened on November 10, 2023; and WHEREAS, the City Council met on January 9, 2024, to review the local emergency and determined that the need for the local emergency continued to exist; and WHEREAS, enormous amounts of fire debris and collected asbestos -containing debris are currently contained on Navy -owned property near the former hangar location pending the Navy's removal and transportation of the materials to an off -site, licensed Resolution 24-20 Page 1 of 3 DocuSign Envelope ID: ED8283C5-7C40-4D49-BB87-704E4BB664E4 hazardous waste disposal facility. To date, none of those stockpiled materials have been transported by the Navy; and WHEREAS, a specific date has not yet been scheduled for the Navy's debris removal, but the removal is anticipated to occur in the coming weeks or months; and WHEREAS, active air quality monitoring is continuing and the City plans to continue such monitoring until all related debris is removed from the hangar site by the Navy; and WHEREAS, a scientific study of the soils and interiors of residential properties in the impacted areas is being undertaken by the City under the guidance of the Federal, State and local health and environmental agencies. WHEREAS, although a substantial amount 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 contaminated debris from the community. THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1. The need exists to continue the local emergency related to the release of chemicals of public health concern, including asbestos, from the fire at the Navy's North Hangar. Section 2. The local emergency will 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 3. A copy of this Resolution shall be forwarded to the Director of California Governor's Office of Emergency Services to communicate the City's renewed request that the Governor of the State 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 Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. ADOPTED this 5th day of March 2024. Resolution 24-20 Page 2of3 DocuSign Envelope ID: ED8283C5-7C40-4D49-BB87-704E4BB664E4 DocuSigned by: AU f+q-ELV8ARD, Mayor ATTEST: os DocuSigned by: E RtCPX1YA'8LYDA, City Clerk APPROVED AS TO FORM: —DocuSigned by `3 1Kt- DA"D8f3 KDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 24-20 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5t" day of March, 2024, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: DocuSigned by: rDS V i' U.Sa. ER °WYA83UDA, City Clerk Resolution 24-20 Page 3 of 3 Lumbard, Gallagher, Clark, Gomez, Schnell (5) (0) (0) (0) (0)