HomeMy WebLinkAboutCC RES 25-61Docusign Envelope ID: 5214FEOD-054D-41D2-AB19-44BOB532A43D
RESOLUTION 25-61
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 25-61
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2025, June 17, 2025, and August 5 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, 25-52, and 25-57 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 all work in response to the Navy
North Hangar Fire is complete and no further action is needed; and
WHEREAS, the Navy led 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, the Navy has 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 documentation of the completion and closure of
the all prior work pursuant to the EHU-approved workplans and will seek a determination
from the EHU members with jurisdiction whether the full response to the Navy North
Hangar Fire is complete and no further action is needed.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TUSTIN AS FOLLOWS:
Resolution 25-61
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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.
PASSED and ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 16t" day of September 2025.
Signed by:
A U§n 1fU?M &ARD,
Mayor
ATTEST:
Signed by: os
iCa aSa&
EMICNTAtMA,
City Clerk
APPROVED AS TO FORM:
F
cuSigned by:
IZ11"
DA $ZFIK IG,
City Attorney
Resolution 25-61
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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. 25-61 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 16t" day of
September, 2025, by the following vote:
COUNCILMEMBER AYES: Lumbard, Nielsen, Gallagher, Schnell, Fink (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
COUNCILMEMBER RECUSED: (0)
Signed by: DS
f'Vi(A10
E R N.OYASgj DA,
City Clerk
Resolution 25-61
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