RES-2009-040RESOLUTION NO. 2009R- 040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM PROCLAIMING THE TERMINATION OF THE
LOCAL EMERGENCY PERTAINING TO THE
FREEWAY /TRIANGLE COMPLEX FIRE IN THE CITY OF
ANAHEIM
WHEREAS, Section 6.04.060 of the Anaheim Municipal Code empowers the
Director of Emergency Services of the City of Anaheim to proclaim the existence or threatened
existence of a local emergency when the City of Anaheim is affected or likely to be affected by a
public calamity and the City Council is not in session; and
WHEREAS, on November 15, 2008, conditions of extreme peril to the safety of
persons and property constituting a local emergency (the "Local Emergency arose within the
City of Anaheim caused by fire and high winds as proclaimed in the "Proclamation of the
Existence of a Local Emergency by the Director of Emergency Services of the City of Anaheim"
issued on November 15. 2008, (the "Proclamation and
WHEREAS, on the date and at the time said Proclamation was issued by the
Director of Emergency Services the City Council was not in session; and
WHEREAS, on November 15, 2008, in conjunction with and as part of said
Proclamation, the Director of Emergency Services of the City of Anaheim did issue "Order No. 1
of the Director of Emergency Services Pursuant to Proclamation of the Existence of a Local
Emergency Issued on November 15, 2008" "Order No. 1 and
WHEREAS, at or about 8:00 a.m. on November 16, 2008, the Director of
Emergency Services of the City of Anaheim did issue "Order No. 2 of the Director of
Emergency Services Pursuant to Proclamation of the Existence of a Local Emergency Issued on
November 15, 2008" "Order No. 2 and
WHEREAS, at or about 3:45 p.m. on November 16, 2008, the Director of
Emergency Services of the City of Anaheim did issue "Order No. 3 of the Director of
Emergency Services Pursuant to Proclamation of the Existence of a Local Emergency Issued on
November 15, 2008" "Order No. 3 and
WHEREAS on November 18. 2008, the City Council adopted its Resolution No.
2008 -204 finding that the aforesaid conditions of extreme peril (the "impending peril did
warrant and necessitate proclamation of the existence of a local emergency and issuance of said
Proclamation by the Director of Emergency Services, and for such reasons, the City Council
ratified said Proclamation and Order No. 1, Order No. 2 and Order No. 3 issued pursuant thereto:
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WHEREAS, on December 2, 2008, and December 16, 2008, the City Council did
review the need for continuing the local emergency and, by motion duly adopted at each such
meeting, did determine that the need for continuing the local emergency continued to exist, and,
for such reason. did not take action to terminate the local emergency; and
WHEREAS, Section 8630 of the Government Code of the State of California
requires that the City Council shall review, at least every 21 days, the need for continuing the
local emergency and to proclaim the termination of the local emergency at the earliest possible
date that conditions warrant; and
WHEREAS, because the need for continuing the local emergency as heretofore
proclaimed was not thereafter reviewed by the City Council on or before January 6, 2009, the
Council adopted Resolution No. 2009 -003 on January 13, 2009 reissuing the Proclamation and
determining that the need for the local emergency continued to exist; and
WHEREAS. because the need for continuing the local emergency as heretofore
proclaimed was not thereafter reviewed by the City Council on or before February 3, 2009, the
Council adopted Resolution No. 2009 -023 on February 10, 2009, reissuing the Proclamation and
determining that the need for the local emergency continued to exist; and
WHEREAS, on February 24, 2009, the City Council did review the need for
continuing the local emergency and, by motion duly adopted at such meeting, did determine that
the need for continuing the local emergency continued to exist, and, for such reason, did not take
action to terminate the local emergency; and
WHEREAS, the Fire Chief advises that the California Emergency Management
Agency (Cal EMA) has approved the City of Anaheim's Project Application for the California
Disaster Assistance Act (CDAA) Program, pursuant to which Anaheim will receive funds to
reimburse the City for fire recovery costs; and
WHEREAS. based upon the award of Cal EMA funds and the progress of the
recovery efforts. the City Council has determined that the Local Emergency has terminated and
had further determined not to review or reinstitute the Local Emergency at this time.
NOW. THEREFORE. BE IT RESOLVED that the City Council hereby proclaims
that the Local Emergency heretofore proclaimed pertaining to the Freeway /Triangle Complex
Fire and all Emergency Orders promulgated pursuant thereto, be and the same are, being
terminated.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this iQth day of March, 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY CLERK OF THE CITY OF ANAHEIM
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By
CITY OF HEIM
MAYOR OF THE C 0 ANAHEIM