HomeMy WebLinkAboutCC RES 24-74Docusign Envelope ID: 67796345-FC14-4FD6-83EA-CF4ABE4F960A
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: 67796345-FC14-4FD6-83EA-CF4ABE4F960A
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: 67796345-FC14-4FD6-83EA-CF4ABE4F960A
ADOPTED this 15th day of October, 2024.
Signed by:
� G
R DGA'LVAGHER,
Mayor Pro Tern
ATTEST:
DS
Signed by:
viCa a.Su.A a
E R DI"+0#ASJ DA,
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: Gallagher, Clark, Gomez, Schnell (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Lumbard (1)
COUNCILMEMBER RECUSED: (0)
DS
FSigned by:
t'�V C. qm--
ERl)CA11Ni?1Y*8U1 DA,
City Clerk
Resolution 24-74
Page 3 of 3