HomeMy WebLinkAboutCC RES 24-50Docusign Envelope ID: 7D1D405F-0919-4589-9D95-739ABA44B70D
RESOLUTION 24-50
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, the California Government Code Section 8630 (c) requires Local
Proclamation of Emergency to be reviewed at least once every 60 days by the governing
body until terminated; 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
Resolution 24-50
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WHEREAS, the City Council subsequently met during its regular meetings on
March 5, 2024, April 16, 2024, June 4, 2024, and June 18, 2024, to again review the need
to continue the local emergency and, by adoption of Resolutions 24-20, 24-25, 24-39,
and 24-46 respectively, determined that the need for the local emergency continued to
exist on each of those dates; and
WHEREAS, enormous amounts of fire debris and collected asbestos -containing
debris are currently contained on or near the former hangar location pending the Navy's
removal and transportation of the materials to an off -site, licensed hazardous waste
disposal facility. To date, none of those stockpiled materials have been transported by
the Navy; and
WHEREAS, it is anticipated that active air quality monitoring will continue until all
fire and asbestos debris is removed from the hangar site by the Navy; and
WHEREAS, although a substantial amount of the debris removal in the community
has been addressed under the direction of Certified Asbestos Consultants, debris
removal will continue in response to reports of related debris in the community; and
WHEREAS, debris remains on some rooftops and in rain gutters in impacted
areas, and the environmental agencies overseeing the response action have
recommended that such debris be removed.
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 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
Resolution 24-50
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expedite access to State and Federal resources and any other appropriate federal
disaster relief programs.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 16th day of July, 2024. DocuSigned by:
for
9A5D5DSCCF194DR
AUSTIN LUMBARD,
Mayor
ATTEST: DS
DocuSigned by:
E
Vi�a N. qs,,j, 17--
ODA76045A448460...
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
--EDocuSigned by:
R4F37FD22142C
DAVID E. KENDIG 38.
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- 50 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 16t" day of July,
2024, by the following vote:
COUNCILMEMBER AYES: Gallagher, Clark, Gomez, Schnell (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Lumbard (1)
COUNCILMEMBER RECUSED: DS (0)
DocuSigned by:
ERICA N. YASUDA,
City Clerk
Resolution 24-50
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