City of Camarillo
AGENDA REPORT
Date: November 20, 2024
To: Honorable Mayor and Councilmembers
From: Greg Ramirez, City Manager
Subject:Adoption of an Urgency Ordinance to Establish a City of Camarillo Local Area Fire Debris Removal Program for property owners electing not to participate in, or ineligible for, the State or County’s Debris Removal Program for Fire Damaged Properties (Phase II); Authorize the City Manager to Take Actions and Execute
Agreements Necessary for Implementation of the Local Area Debris Removal Program; and Adoption of a Resolution
Designating Authorized Agents of the City to Seek State and Federal Emergency and Hazard Mitigation Funding Assistance.
BACKGROUND
On November 7, 2024, the City Manager, acting as EOC Director, proclaimed that a local emergency existed within the City due to what is now referred to as the Mountain Fire.
On the same day, the Governor of California proclaimed a State of Emergency. The City Council ratified the local emergency on November 13, 2024. As a result of the existing State of Emergency, the City Council is being presented a Local Area Fire Debris Program Urgency Ordinance for the creation of a City Local Area Fire Debris Removal Program (“Program”). This program is for property owners electing not to participate in, or are ineligible for, the State or County’s Debris Removal Program for Fire Damaged Properties (Phase II). The Phase II process shall occur after a property has received its State issued Phase I clearance. In addition to adopting the Urgency Ordinance, there will be actions that need to be taken to implement the Program, therefore staff is requesting that Council grant the City Manager authority related to implementation of the Program including execution of agreements. Lastly, staff requests that Council adopt a Resolution to designate authorized agents of the City to seek State and Federal emergency and hazard mitigation funding assistance related to the Mountain Fire impacts.
DISCUSSION
On Wednesday November 6, 2024, a fast-moving brush fire broke out in the Somis area,
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just west of Balcom Canyon Road. The intense Santa Ana wind event already in progress quickly spread the fire south and west across Hwy 118 and into the Camarillo Heights area. Mandatory evacuation orders were in place in parts of Camarillo and surrounding Ventura County areas. The fire grew to over 20,000 acres and numerous structures have been destroyed and damaged.
On November 7, 2024, due to potential widespread toxic exposures and threats to public health and the environment, the Ventura County Health Officer declared a local health emergency to limit the public's exposure to hazardous substances. The Board of Supervisors ratified the declaration on November 12, 2024.
The County Health Officer serves both the unincorporated County and the incorporated cities in Ventura County (County), including Camarillo. Under the public health emergency declaration, no removal of fire debris is permitted until a hazardous materials inspection has been conducted by an authorized state or federal agency. This declaration enabled the County to apply for the wildfire debris removal programs implemented under the Governor’s Office of Emergency Services (CalOES).
Fire debris removal is generally conducted in two phases to address public health and safety concerns. The declaration of a local health emergency enables CalOES, the California Department of Toxic Substances Control (DTSC), and the County to implement Phase I of the fire debris removal program.
Phase I
This phase involves inspecting damaged structures in areas affected by the Mountain Fire and removing visible household hazardous waste. While Phase I mitigates immediate hazards, toxic materials may remain on properties and will be addressed in Phase II.
Phase I operations began this week and are expected to continue through December 2024.
Phase II
After Phase I is complete, Phase II focuses on the removal of remaining fire debris from destroyed structures, which may pose ongoing risks to public health. Timely and thorough debris removal during Phase II is essential to safeguard the community's health and well- being.
To support Phase II operations, staff recommends implementing two complementary programs to ensure effective debris removal. The first program, the Consolidated Debris Removal Program (CDRP), is administered by CalOES, DTSC, and the County. This program provides centralized support for debris removal operations. The second program, the Local Debris Removal Program (LDRP), is administered by the City and offers additional resources to ensure comprehensive cleanup. Together, these programs aim to address the remaining fire debris, protect public health, and facilitate the community’s recovery.
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This local health emergency declaration enables CalOES, DTSC and the County to initiate a Phase II fire debris removal program to assess damaged structures in areas affected by the Mountain Fire. Household hazardous waste will be removed, and asbestos field testing and analysis will be conducted on all properties identified by DTSC as having suspect or potential asbestos debris, and the asbestos will be removed prior to the removal of the remainder of the fire debris.
Consolidated Debris Removal Program (CDRP)
The CDRP, is partially funded by the California Disaster Assistance Act (CDAA), and is administered by CalOES, DTSC, and the County. Key features of the program include:
Cost Structure: The program is provided at no cost to property owners, but any remaining insurance proceeds designated for debris removal must be turned over to the administering public agencies to offset costs.
Eligibility: Participation is voluntary and available only to owners of destroyed residential properties that meet the program criteria.
Process: Once the property owner submits and approves a Right of Entry (ROE) application, specialized teams conduct site assessments, create work plans, and perform the following debris removal tasks:
•Removal of hazardous materials, fire debris, and ash.
•Separation and disposal of scrap metal and vehicles.
•Removal of building slabs, foundations, and soil testing. Implementation of erosion control measures, such as hydro mulching.
Oversight: The County and CalOES manage the operations through a Debris Removal Operations Center (DROC), ensuring compliance with environmental and safety standards.
Local Debris Removal Program (LDRP)
If a property owner chooses not to participate in the CDRP Phase II program, or if the property is ineligible (partially damaged and commercial properties are ineligible for the State’s program), the owner must undertake fire debris removal at their own expense with work performed by qualified personnel. This program places the responsibility for debris removal on the property owner but ensures compliance with state and county standards. key aspects include:
Cost Responsibility: All costs are borne by the property owner, who must hire qualified contractors to perform the work.
Owners Requirements:
•Submit a fire clean-up application and work plan to the City for approval. •Adhere to strict cleanup standards, including documentation of debris disposal and Urgency Ordinance | Fire Debris Removal
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soil testing.
•Obtain City certification confirming cleanup completion.
Deadlines: Cleanup under the LDRP must be completed by March 15, 2025.
Properties failing to meet this deadline will be declared a public nuisance, triggering summary abatement procedures. The attached ordinance would allow the City Manager to modify this date if necessary.
Oversight: The City oversees the application process, monitors debris removal, and ensures compliance with CalGreen Code mandates, such as recycling 65% of non- hazardous demolition waste. To ensure that this work is completed safely and to the same standards as the State's Phase II Program, a Camarillo Local Debris Removal Program (“Local Program”) has been developed to which the homeowner must apply. This Local Program is implemented through the attached Urgency Ordinance (Attachment No.1).
Comparison of Programs
While the CDRP provides full-service debris removal managed by public agencies, the LDRP places responsibility on property owners and their contractors. Both programs are crucial for community recovery and public health protection following the Mountain Fire and aim to ensure timely and safe debris removal while addressing public health concerns. Property owners are encouraged to carefully review their options and choose the program that best meets their needs and circumstances.
LDRP Rebate Opportunity
To incentivize participation in the LDRP and encourage timely debris removal, the City Council may consider funding and implementing a rebate program for property owners who elect this option. Expediting cleanup efforts addresses public safety and environmental risks and mitigates future impacts including the potential for winter rains causing debris runoff.
If the Council is interested in pursuing this option, City staff are prepared to create a program that prioritizes incentives based on the level of property damage, ensuring fairness while focusing on those most impacted. Funding could potentially align with the City’s liability for the CDRP and disaster recovery funds allocated through staff recommendations could help support the program. Flexibility could also be built in to address unforeseen circumstances, such as untagged properties with documented cleanup costs.
It is important to note that this program will require further definition to ensure proper administration and compliance with City policies. If the Council wishes to proceed, through a separate recommendation the City Council can authorize the City Manager, in coordination with the City Attorney, to establish the program. This allows staff to finalize program guidelines, eligibility criteria, and distribution procedures, ensuring the program is legally sound, transparent, and effective in supporting expedited cleanup efforts.
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Authorized Agents
As part of the State and Federal Emergency and Hazard Mitigation Funding Assistance Program, the City is eligible for grant funding. To process documents related to the declared disasters, a resolution designating authorized agents that can execute on behalf of the City is required (Attachments No. 2). The Disaster Relief Act of 1988 requires the City to update its list of authorized agents that can sign documents related to state and federal emergency and hazard mitigation funding assistance. The provided resolution designates Greg Ramirez, City Manager, Carmen Nichols, Assistant City Manager, Mark Uribe, Finance Director, and David Klotzle, Public Works Director as the four authorized agents of the City.
FISCAL IMPACT
The fiscal impact to the City for participation in the Phase II CDRP is expected to be limited. Based on the estimated cost of $150,000 per property, the total potential program cost for the four red-tagged properties is approximately $600,000, of which 75% would be reimbursable through the Act CDAA. The City’s remaining 25% share, approximately $150,000 including administrative costs, may be further offset by insurance proceeds collected from participating property owners. While these estimates reflect the current understanding of the CDRP, the City is continuing to work with the County to refine details regarding the division of expenses and administrative responsibilities.
The Council is being asked to authorize the allocation of $1,000,000 from the $10,000,000 General Fund commitment of fund balance for natural disaster recovery to support debris removal programs, including both the CDRP and the LDRP. This funding allocation allows the City to provide financial support to expedite debris removal while maintaining clear fiscal limits. Funds for these efforts are available in the General Fund, Emergency Operations Center account 101-1450-425.39-91, project number ER-1504. This not to exceed funding allows staff the flexibility in creating a program that is equitable, transparent, but where additional details will be worked out, with Council’s direction.
RECOMMENDATIONS
1. Adopt an Urgency Ordinance to establish a Local Fire Debris Removal Program for the City of Camarillo for those property owners electing not to participate in, or are ineligible for, the State or County’s Debris Removal Program for Fire Damaged Properties (Phase II); and
2. Authorize the City Manager to take all actions and to execute agreements necessary for implementation and completion of the Local Area Debris Removal Program Area Fire Debris Removal Program; and
3. Authorize the participation in the Consolidated Debris Removal Program partially funded through CalOES and the CDAA; and
4. Adoption of Resolution designating authorized agents of the City to seek State and Federal emergency and hazard mitigation funding assistance; and
5. Authorize the allocation of a not to exceed $1,000,000 of the General Fund commitment of fund balance for natural disaster recovery to support Debris Removal Urgency Ordinance | Fire Debris Removal
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Programs; and
6. Take other actions City Council deems necessary related to the Local Area Fire Debris Program
ATTACHMENTS
1. Urgency Ordinance
2.Resolution Designating City Personnel