Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


BOARD MEETING DATE:  August  14, 2018
CATEGORY:  Regular - General Government-6.

SUBJECT:

Urgency Ordinance for Debris Removal Due to the Carr Fire

DEPARTMENT: Administrative Office
County Counsel

Supervisorial District No. :  All

DEPARTMENT CONTACT:  Lawrence G. Lees, County Executive Officer (530) 225-5561

STAFF REPORT APPROVED BY:  Lawrence G. Lees, County Executive Officer and Rubin Cruse, Jr., County Counsel

Vote Required?

4/5 Vote
General Fund Impact?

No Additional General Fund Impact 

RECOMMENDATION

Take the following actions: (1)  Introduce, waive the reading of, and enact An Urgency Ordinance of the Board of Supervisors of the County of Shasta, State of California, Establishing Requirements for the Removal of Fire-Damaged Debris from Private Property Following the Carr Fire; and (2) find the ordinance is exempt from the requirements of the California Environmental Quality Act for the reasons stated in the ordinance.

SUMMARY

The proposed Shasta County Carr Fire Cleanup Emergency Ordinance will ensure that privately-owned properties affected by the Carr Fire are made safe and ready for reconstruction or repair, and provide for the orderly administration of the California Governor’s Office of Emergency Services (OES) public cleanup program in coordination with an alternative program for property owners that opt out of that program or are ineligible. Staff have been working with local, state, and federal partners on the OES public program and the alternative program.

DISCUSSION

A large number of residential and commercial structures have burned in the Carr Fire.  If affected property owners are eligible for and opt into the OES public cleanup program the sole requirement is that they execute a Right of Entry agreement allowing OES to begin work. All cleanup services will be provided free of cost to the property owner as quickly as possible and in a way that is protective of public health. If property owners have homeowner’s insurance that specifically provides for debris removal, this amount will be collected to offset costs and to comply with federal law prohibiting the duplication of benefits. If property owners have no such specific and separate coverage for debris removal, but debris removal coverage is included within a larger coverage category, payment to County shall be limited to the unused benefit amount in that coverage category after the residence is rebuilt. Property owners participating in the OES program would not be required to obtain permits or approvals for debris cleanup of structures other than the Right of Entry agreement. The ordinance provides that the Board may set deadlines for the submission of the agreement by resolution. Staff intends to propose a resolution setting the deadline in the near future.

 

The proposed ordinance also creates an alternative program. If property owners opt out of the OES program or are not eligible, and if they propose to use private contractors, they would be required to meet the same standards for removal, transport and disposal of hazardous materials that will apply in the OES debris removal program to ensure the safety of the public and protect the environment. The alternative program will require an application that identifies the appropriate licensed contractors. After the application is approved and the work is completed, the property owner will submit an application for certification to the County.

 

Upon approved completion, the property will be safe and ready for rebuilding.  The County’s goal is to protect public health, to make the requirements clear and consistent in Shasta County, and to facilitate rebuilding as quickly as possible. Based on experience in other California jurisdictions, a typically small number of property owners will fail to either utilize the public program or pursue the alternative program. Staff will return to the Board with proposed deadlines. If properties are not cleaned, then abatement will likely be required at the property owner's expense to protect neighborhoods, the community, and the environment. 

 

The Shasta County Executive Officer is responsible for the overall management of the debris removal process in response to the Carr Fire. In this role, the County Executive Officer will rely on the support of, and delegate responsibility to, other County departments in support of the debris removal process.

ALTERNATIVES

The Board may suggest alternative language for the ordinance.

OTHER AGENCY INVOLVEMENT

Sample documents were provided by County of Sonoma.  Collaboration included Public Works, Resource Management, and the Health and Human Services Agency - Public Health Branch.  County Counsel approved the ordinance as to form. 

FINANCING

Expenses related to Carr Fire are not included in the Fiscal Year 18/19 County Budget. Fiscal impacts resulting from the Carr Fire are separate from this requested action. There is no additional General Fund impact associated with the recommendation.

ATTACHMENTS:
DescriptionUpload DateDescription
Draft Ordinance8/9/2018Draft Ordinance