The URL can be used to link to this page

Home My WebLink AboutCC RES 25-57Docusign Envelope ID: E9532396-BE77-400B-98BA-04E848861624 RESOLUTION NO. 25-57 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, 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, August 20, 2024, October 15, 2024, December 3, 2024, January 21, 2025, March 18, 2025, May 6, Resolution 25-57 Page 1 of 4 Docusign Envelope ID: E9532396-BE77-400B-98BA-04E848861624 2025, and June 17, 2025 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, 24-58, 24-74, 24-86, 25- 06, 25-19, 25-36, and 25-52 respectively, determined that the need for the local emergency continued to exist on each of those dates; and WHEREAS, an Environmental Health Unit (EHU) comprised of various regulatory agencies, the City and the Navy continues to oversee the cleanup response; and WHEREAS, the City and its contractors developed a system for residents to identify and request cleanup of debris found in the community which was approved by the EHU. This phase of the response effort began shortly after the fire and continued until November 2024; and WHEREAS, during the course of the "on the ground" cleanup effort, the City and its contractors determined that debris stuck in gutters and on roofs would continue to fall to the ground after wind or rain events, requiring additional rounds of "on the ground" cleanup. This led the EHU to recommend an "above -ground" cleanup effort where a final mobilization would occur to clean gutters and roofs in an EHU approved work area. The City developed an "above -ground" workplan which was approved by the Navy and EHU; and WHEREAS, the City began the "above -ground" phase of work in December 2024 and the above -ground work approved in that plan has been completed, subject to a determination by the EHU members with jurisdiction that the work is complete and no further action is needed; and WHEREAS, the Navy is leading the effort to contain, remove and dispose of the remaining asbestos -containing debris within and around the former North Hangar. The City is not involved and does not have any input on the implementation of the Navy's contracts for that work; and WHEREAS, large amounts of fire debris and collected asbestos -containing debris are currently contained on or near the former hangar location and the Navy continues segregation of the hangar debris and hazardous waste and decontaminating the Navy North Hangar site, and packaging the waste and debris for removal and transportation of the materials to off -site, licensed hazardous waste disposal facilities; and WHEREAS, the Navy informed the City that its process of segregating hangar debris and hazardous waste and decontaminating the Navy North Hangar site has concluded, subject to determination by the EHU members with jurisdiction that no further action is needed. In addition, the Navy has concluded packaging the waste and debris and has transported it offsite for disposal or recycling; WHEREAS, the City is preparing for completion and closure of the "above -ground" phase of work pursuant to the EHU-approved workplan and to seek a determination from Resolution 25-57 Page 2 of 4 Docusign Envelope ID: E9532396-BE77-400B-98BA-04E848861624 the EHU members with jurisdiction whether the City's ground level and above -ground work and the Navy's work is complete and no further action is needed. 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. 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. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on this 5t" day of August 2025. Signed by: -A&C-369Eo331�:459_. AUSTIN LUMBARD, Mayor ATTEST: FSigned by: 4''iCa gxStJX E R I Cam` Y U DA, City Clerk APPROVED AS TO FORM: DocuSigned by: �„dam 7�� DAVID E. KENDIG, City Attorney Resolution 25-57 Page 3 of 4 Docusign Envelope ID: E9532396-BE77-400B-98BA-04E848861624 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. 25-57 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5t" day of August, 2025, by the following vote: COUNCILMEMBER AYES: Lumbard, Nielsen, Gallagher, Schnell, Fink (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: Signed by: Vt(a gA'SVJA E f —R kfAWMASUDA, City Clerk (0) (0) Resolution 25-57 Page 4of4