California Governor Schwarzenegger Proclaims State of Emergency for City of San Diego Following Landslide

10/08/2007 -- California Governor Arnold Schwarzenegger today proclaimed a State of Emergency for the City of San Diego in response to Wednesday’s landslide in the Mt. Soledad area. The Governor’s emergency proclamation allows the state Office of Emergency Services (OES) to deploy emergency personnel, equipment and facilities and provide local government assistance under the authority of the California Disaster Assistance Act. It also enables Caltrans to request an emergency declaration from the Federal Highway Administration.

On Friday, staff from the state Office of Emergency Services toured the area with representatives of the City of San Diego and the County of San Diego to begin assessing the impacts of the landslide. OES also asked Caltrans to provide geotechnical assistance to the City of San Diego.

Below is the full text of the Governor’s emergency proclamation:

A PROCLAMATION

BY THE GOVERNOR OF THE STATE OF CALIFORNIA

WHEREAS on October 3, 2007, a massive landslide occurred in a residential neighborhood in the Mount Soledad area near La Jolla and within the City of San Diego, California; and

WHEREAS the landslide created conditions of extreme peril to the safety of persons and property in the area; and

WHEREAS the conditions of extreme peril caused people to evacuate the area; and

WHEREAS the landslide caused significant damage to 7 homes and impaired the habitability of approximately 40 homes; and

WHEREAS the landslide caused power poles to fall and caused a loss of power to thousands of people; and

WHEREAS it has been estimated that the damage exceeds $25 million, including, but not limited to, damage to roads, utilities and other infrastructure; and

WHEREAS the landslide continues to impact the area; and

WHEREAS the City of San Diego issued a proclamation of a local emergency dated October 3, 2007, and requested that I issue a state proclamation of emergency as a result of the landslide; and

WHEREAS the circumstances of the landslide, by reason of their magnitude, are beyond the control of the services, personnel, equipment and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat; and

WHEREAS strict compliance with all statutes, rules and regulations prescribing procedures for the conduct of certain state business, specifically the award and administration of state contracts, would hinder and delay the completion of investigation, technical analysis, and repair work; and

WHEREAS under the provisions of section 8558(b) of the California Government Code, I find that conditions of extreme peril to the safety of persons and property exist in the City of San Diego due to the landslide.

NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the State of California, in accordance with the authority vested in me by the state Constitution and the California Emergency Services Act, and in particular, section 8625 of the California Government Code, HEREBY PROCLAIM A STATE OF EMERGENCY to exist within the City of San Diego.

IT IS HEREBY ORDERED that all agencies of the state government utilize and employ state personnel, equipment and facilities for the performance of any and all activities consistent with the direction of my Office of Emergency Services (OES) and the State Emergency Plan, and that OES provide local government assistance under the authority of the California Disaster Assistance Act.

IT IS FURTHER ORDERED THAT:

1. The operation of all statutes, rules and regulations as they apply to contracts for the investigation, analysis and repair of damage to roadways shall be hereby suspended for the purpose of facilitating the reopening and restoration of the transportation structures damaged by this emergency. California Department of Transportation officers shall exercise sound discretion to apply this suspension to ensure that the suspension of statutes, rules and regulations serves the purpose of accelerating the reopening and restoration of the transportation structures damaged by this emergency.

2. The statutes, rules and regulations, as they apply to the excavation of rock, gravel, sand or soil from public or private lands under the Surface Mining and Reclamation Act of 1975 (as amended) (Public Resources Code, Division 2, Chapter 9) are hereby suspended for excavation that is for the sole purpose of repairing and reconstructing the transportation structures damaged by this emergency.

3. The California Department of Transportation shall assist the County of San Diego and the City of San Diego as appropriate to mitigate this emergency, and the California Resources Agency shall work cooperatively with the County of San Diego and the City of San Diego with regard to environmental issues related to the mitigation of this emergency.

I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this proclamation.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 8th day of October 2007.

__________________________________

ARNOLD SCHWARZENEGGER

Governor of California

ATTEST:

__________________________________

DEBRA BOWEN

Secretary of State

Source: California Governor

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