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HomeMy WebLinkAbout04 RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGARDocusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 4 Agenda Item Reviewed: Initial AGENDA REPORT City Manager1W Finance Director N/A MEETING DATE: OCTOBER 15, 2024 TO: ALDO E. SCHINDLER, CITY MANAGER FROM: DAVID KENDIG, CITY ATTORNEY SUBJECT: RESOLUTION DETERMINING THE NEED TO CONTINUE THE PROCLAIMED LOCAL EMERGENCY RELATED TO THE NAVY NORTH HANGAR SUMMARY At its meeting on November 10, 2023, the City Council ratified the Acting City Manager's Proclamation of Local Emergency related to the fire at the Navy's North Hangar and release of chemicals of public health concern, including asbestos. At a special meeting of the City Council on January 9, 2024, and at its regular meetings on March 5, 2024, April 16. 2024, June 4, 2024, June 18, 2024, and July 16, 2024, and August 20, 2024, the Council reviewed and determined the need to continue the local emergency. This item recommends that the City Council once again review and determine that the need exists to continue the local emergency, as required by State law. RECOMMENDATION It is recommended that the City Council adopt Resolution 24-74 determining the need exists to continue the local emergency related to the fire and release of chemicals of public health concern from the Navy's North Hangar, in the form attached hereto as Attachment 2. FISCAL IMPACT There is no direct impact from a determination that a local emergency continues to exist. However, the proclamation of emergency may aid the City in qualifying for emergency assistance from Federal, State and local agencies in unknown amounts. BACKGROUND AND DISCUSSION On November 7, 2023, a fire broke out at the Navy's North Hangar at the former Marine Corp Air Station, Tustin. The fire caused asbestos -containing debris and other matter from the Navy Hangar to be released and to spread into surrounding private and public properties. The debris impact zone encompasses approximately 6.5 square miles of the community near the Navy North Hangar. Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 City Council Agenda Report October 15, 2024 Determining the Need to Continue Local Emergency — Hangar Fire Page 2 As a result, on November 9, 2023, the Acting City Manager proclaimed a state of local emergency (Attachment 1). At an emergency meeting on November loth, the City Council ratified the Proclamation. A similar Proclamation of Emergency was also approved by the Orange County Board of Supervisors on November loth 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. State law requires the Local Proclamation of Emergency to be reviewed at least once every 60 days by the City Council until terminated (Cal. Gov't Code § 8630(c).) In light of that requirement, the City Council met in a special meeting on January 9, 2024, to review the need to continue the local emergency and determined that the need continued to exist. The City Council later met during its regular meeting on March 5, April 16, June 4, June 18, July 16, 2024, and on August 20, 2024 to review the need to continue the local emergency and, by adoption of Resolution 24-20, Resolution 24-25, Resolution 24-39, Resolution 24-46, Resolution 24-50, and Resolution 24-58 respectively, determined that the need to continue the local emergency continued to exist at each of those times as well. DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY Government Code section 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 determined the need for the emergency continued to exist most recently on August 20, 2024. The 60th day after the Council's last determination will be on Saturday, October 19, 2024. As a result, the City Council is requested to consider and renew at the October 15th meeting the determination that the need continues to exist for a local emergency in order to ensure that the 60-day renewal requirement does not lapse. The emergency efforts continue with the on -request cleanup and removal efforts in accordance with direction of the EPA, the California Department of Toxic Substances Control, the South Coast Air Quality Management District, and the Orange County Health Care Agency. On -going and future efforts include but are not limited to: • Enormous amounts of fire debris and collected asbestos -containing debris are currently contained on or near the former hangar location pending the Navy's Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 City Council Agenda Report October 15, 2024 Determining the Need to Continue Local Emergency — Hangar Fire Page 3 completion of removal and transportation of the materials to off -site, licensed hazardous waste disposal facilities; and • 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 • Although a substantial amount of the debris removal in the community has been addressed under the direction of Certified Asbestos Consultants, it is anticipated that debris removal will continue in the community, including removal of fire - related debris on some rooftops and in rain gutters in impacted areas as recommended by the environmental agencies overseeing the response action. Based on the foregoing, staff recommends that the City Council adopt the attached Resolution 24-74 determining that 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. (Attachment 2.) Attachments: 1. November 9, 2023, Proclamation of Emergency 2. Proposed Resolution 24-74 Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 ATTACHMENT 1 PROCLAMATION 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 of 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 1799681.1 Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 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 1799681.1 Docusign Envelope ID: C5E14E88-9E29-4329-AOE1-877BE86D4AE6 Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. PROCLAIMED this 9ch day of November 2023. NICOLE BERNARND, ACTING CIT MANAGER, AND ACTING DIRECTOR OF EMERGENCY SERVICES PPROVED AS TO FORM: AVID E. KENDIG, CITY A ORNEY ATT ST: 6 �. ERICA YASIJ A, CITY CLERK 1799681.1 Docusign Envelope ID: 25AAABBC-85CC-4FF1-8880-A591EE1CAEAB ATTACHMENT 2 RESOLUTION 24-74 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 and removal of debris from the fire continues; 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, the City Council subsequently met during its regular meetings on March 5, 2024, April 16, 2024, June 4, 2024, June 18, 2024, July 16, 2024, and August Resolution 24-74 Page 1 of 3 Docusign Envelope ID: 25AAABBC-85CC-4FF1-8880-A591EE1CAEAB 20, 2024 to again review the need to continue the local emergency and, by adoption of Resolutions 24-20, 24-25, 24-39, 24-46, 24-50, and 24-58 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 off -site, licensed hazardous waste disposal facilities; 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, the environmental agencies overseeing the response action have recommended that debris on some rooftops and in rain gutters in impacted areas also be removed. A Sixth Amendment to the Navy's Cooperative Agreement has been approved to fund above -ground work pursuant to a work plan approved by the environmental agencies, and planning is underway to implement the above -ground work. 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 expedite access to State and Federal resources and any other appropriate federal disaster relief programs. Resolution 24-74 Page 2 of 3 Docusign Envelope ID: 25AAABBC-85CC-4FF1-8880-A591EE1CAEAB ADOPTED this 15th day of October, 2024. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: EDocuSigned by: 4�4K�K En��n�r DAVID E. KENDIG, 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- 74 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 15th day of October, 2024, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 24-74 Page 3 of 3