RES-2007-125RESOLUTION NO. 2007- 125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) REISSUING A PROCLAMATION OF THE EXISTENCE
OF A LOCAL EMERGENCY IN THE CITY OF ANAHEIM AS
HERETOFORE PROCLAIMED BY THE DIRECTOR OF
EMERGENCY SERVICES OF THE CITY OF ANAHEIM AND
RATIFIED BY CITY COUNCIL RESOLUTION NO. 2005 -17, AND (ii)
DETERMINING THAT THE NEED FOR CONTINUING THE LOCAL
EMERGENCY EXISTS
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 or about February 9, 2005, 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 the continuing movement and
displacement of land in the vicinity of 357, 365 and 373 Ramsgate Drive, Anaheim,
California (the "Emergency Area" or "Disaster Area as more particularly described and
shown on Exhibit A of the Proclamation of the Existence of a Local Emergency by the
Director of Emergency Services of the City of Anaheim" issued on February 9, 2005, (the
"Proclamation and
WHEREAS, on February 9, 2005, the Director of Emergency Services of
the City of Anaheim did issue the Proclamation, at which time the City Council was not
in session; and
WHEREAS, on February 10, 2005, 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 February 9,
2005" "Order No. 1"), a copy of which Order No. 1 was attached to City Council
Resolution No. 2005 -17; and
WHEREAS, on February 15, 2005, the City Council adopted its
Resolution No. 2005 -17 finding that the aforesaid conditions of extreme peril (the
"impending peril did warrant and necessitate proclamation of the existence of a local
emergency and the issuance of said Proclamation by the Director of Emergency Services,
and for such reasons, the City Council ratified said Proclamation and Order No. 1 issued
pursuant thereto; and
WHEREAS, on March 2, 2005, at which time the City Council was not in
session, the Director of Emergency Services did issue "Order No. 2 of the Directory of
Emergency Services Pursuant to Proclamation of the Existence of a Local Emergency
issued on February 9, 2005 "Order No. 2 a copy of which Order No. 2 was attached to
City Council Resolution No. 2005 -27; and
WHEREAS, on March 8, 2005, the City Council adopted its Resolution
No. 2005-
27 (i) reviewing the need for continuing the local emergency, (ii) determining that the
need for continuing the local emergency continued to exist, (iii) authorizing and ratifying
certain acts and orders by the Director of Emergency Services including said Order No. 2,
and (iv) approving and authorizing certain additional remedial actions relating to the
impending peril; and
WHEREAS, on March 29, 2005, and April 12, 2005, 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, on April 18, 2005, at which time the City Council was not in
session, the Director of Emergency Services did issue "Order Number 3 of the Director
of Emergency Services of the City of Anaheim Pertaining to Expanding the Area Subject
to Proclamation of Local Emergency" "Order No. 3") pursuant to the Proclamation of
the Existence of a Local Emergency issued on February 9, 2005, a copy of which Order
No. 3 was attached to City Council Resolution No. 2005 -50; and
WHEREAS, on April 26, 2005, the City Council adopted its Resolution
No. 2005- 50 (i) reviewing the need for continuing the local emergency, (ii) determining
that the need for continuing the local emergency exists, (iii) authorizing and ratifying
certain acts and orders by the Director of Emergency Services including said Order No. 3,
and (iv) approving and authorizing certain additional remedial actions relating to the
impending peril; and
WHEREAS, between April 26, 2005, and December 8, 2005, the City
Council periodically reviewed the need for continuing the local emergency as required
by Section 8630 of the Government Code of the State of California and, based upon
information provided to the City Council at or prior to each such review, has determined
the need for continuing the local emergency and has determined not to terminate the local
emergency; and
WHEREAS, on December 8, 2005, at which time the City Council was
not in session, the Director of Emergency Services did issue "Emergency Order Number
4" entitled "An Order of the Director of Emergency Services of the City of Anaheim
Ordering (1) the Continued Temporary Availability of Henning Way as Vehicular Access
for Emergency Vehicles, Public and Private Services, and Residents and Property
Owners and Their Invitees to the Properties in the Hidden Grove Lane/Fox Glen Drive
Area Until Alternative Vehicular Access to said Affected Area is Available, (2)
Emergency Work by City Personnel and Contractors to Provide, Construct and Maintain
Alternative Vehicular Access to said Affected Area, and (3) the Construction of Erosion
2
Control, and a Detention Basis to Protect Downstream Public Drainage Facilities in the
Vicinity of Hidden Grove Lane" "Order No. 4 pursuant to the Proclamation of the
Existence of a Local Emergency issued on February 9, 2005; and
WHEREAS, on December 20, 2005, the City Council adopted its
Resolution No. 2005- 231 (i) reviewing the need for continuing the local emergency, (ii)
determining that the need for continuing the local emergency exists, (iii) authorizing and
ratifying certain acts and orders by the Director of Emergency Services including said
Order No. 4, and (iv) approving and authorizing certain additional remedial actions
relating to the impending peril; and
WHEREAS, the City of Anaheim, through a private contractor, has
completed implementation of the provisions of Order No. 4 by constructing a temporary
paved emergency access road along Hidden Grove Lane to restore vehicular access for
emergency vehicles, public and private services, and residents and property owners and
their invitees to said thirteen properties in the Hidden Grove Lane/Fox Glen Drive area;
said project included the addition of approximately 1,000 cubic yards of imported soil
along the base of the landslide, re- grading a portion of the easterly slope of Hidden Grove
Lane, lining of the slope with jut mat, installation of K -rail concrete barriers,
construction of a temporary drainage system with desilting basins, and installation of the
temporary single -lane paved access road; and
WHEREAS, on March 22, 2006, following the completion of said project
implementing Order No. 4, the Director of Emergency Services issued Order No. 5 (i)
rescinding Paragraph 1 of Order No. 4 which had required the continued temporary
availability of Henning Way as vehicular access for emergency vehicles, public and
private services, and residents and property owners and their invitees to the thirteen
properties in the Hidden Grove Lane /Fox Glen Drive area, and (ii) issuing certain
additional orders relating to said local emergency; and a copy of which Order No. 5 was
attached to City Council Resolution No. 2006 -051; and
WHEREAS, on March 28, 2006, the City Council adopted its Resolution
No. 2006 -051 (i) reviewing the need for continuing the local emergency heretofore
proclaimed by the Director of Emergency Services of the City as ratified by Resolution
No. 2005 -17, (ii) determining that the need for continuing the local emergency exists, and
(iii) authorizing and ratifying certain acts and orders by the Director of Emergency
Services including said Order No. 5; and
WHEREAS, on April 11, 2006 and April 25, 2006, 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, because the need for continuing the local emergency as
heretofore proclaimed was not thereafter reviewed by the City Council on or before May
16, 2006, the City Council adopted its Resolution No. 2006 -099 on May 30, 2006,
3
reissuing the Proclamation and determining that the need for the local emergency
continued to exist; and
WHEREAS, on June 20, 2006, July 11, 2006, July 25, 2006, and August
8, 2006, 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
August 29, 2006, the City Council adopted its Resolution No. 2006 -209 on September
12, 2006, reissuing the Proclamation and determining that the need for the local
emergency continued to exist; and
WHEREAS, on October 3, 2006, and October 17, 2006, 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, because the need for continuing the local emergency as
heretofore proclaimed was not thereafter reviewed by the City Council on or before
November 7, 2006, the City Council adopted its Resolution No. 2006 -239 on November
13, 2006, reissuing the Proclamation and determining that the need for the local
emergency continued to exist; and
WHEREAS, on November 28, 2006, and December 12, 2006, 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, because the need for continuing the local emergency as
heretofore proclaimed was not thereafter reviewed by the City Council on or before
January 2, 2007, the City Council adopted its Resolution No. 2007 -005 on January 9,
2007, reissuing the Proclamation and determining that the need for the local emergency
continued to exist; and
WHEREAS, on January 30, 2007, February 13, 2007, March 6, 2007, and
March 20, 2007, the City Council did review the need for continuing the local emergency
4
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, because the need for continuing the local emergency as
heretofore proclaimed was not thereafter reviewed by the City Council on or before April
10, 2007, the City Council adopted its Resolution No. 2007 -047 on April 17, 2007,
reissuing the Proclamation and determining that the need for the local emergency
continued to exist; and
WHEREAS, on May 8, 2007, May 15, 2007, June 5, 2007, and June 19,
2007, 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, because the need for continuing the local emergency as
heretofore proclaimed was not most recently reviewed by the City Council on or before
July 10, 2007, it is necessary for the City Council, by adoption of this resolution, to
reissue the proclamation of the existence of a local emergency as theretofore proclaimed
by the Director of Emergency Services and ratified by the City Council by the adoption
of its Resolution No. 2005 -17; and
WHEREAS, the City Council hereby finds that the need for continuing the
local emergency continues to exist at this time; and
WHEREAS, pursuant to Section 866(a) of the Government Code of the
State of California, and on the basis of expert opinion or other reasonable basis, the City
Council hereby finds as follows:
1. The aforesaid Emergency Area is the subject of gradual earth
movement as defined in Government Code Section 866(a); and
2. An impending peril to persons and /or property exists as a result of
said gradual earth movement; and
3. The City Council has determined appropriate remedial action to
abate such impending peril in the manner hereinafter set forth; and
WHEREAS, the City Council heretofore determined and /or hereby
determines that those certain measures identified in the Proclamation, Order No. 1, Order
No. 2, Order No. 3, Order No. 4 and Order No. 5 (collectively referred to herein as the
"remedial measures constitute appropriate remedial actions to abate said impending
peril; and
5
WHEREAS, pursuant to Section 8630 of the Government Code of the
State of California, the City Council has this date reviewed the need for continuing the
local emergency.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
determines that the need exists for continuing the local emergency due to the continued
existence of the impending peril.
BE IT FURTHER RESOLVED that the City Council hereby proclaims
and reissues the Proclamation of the Existence of a Local Emergency as heretofore
proclaimed by the Director of Emergency Services on February 9, 2005, and ratified by
the City Council by its Resolution No. 2005 -17 as adopted on February 15, 2005.
BE IT FURTHER RESOLVED that, pursuant to Section 866(a) of the
Government Code of the State of California, the City Council hereby determines that
those certain remedial measures identified in the Proclamation, Order No. 1, Order No. 2,
Order No. 3, Order No. 4 and Order No. 5 constitute appropriate remedial actions to
abate the impending peril.
BE IT FURTHER RESOLVED that the officers, employees, agents and
contractors of the City of Anaheim are hereby authorized to implement said remedial
measures, and the acts heretofore undertaken to implement said remedial measures are
hereby ratified and approved.
BE IT FURTHER RESOLVED that, except as may be expressly
superseded by any provision hereof, Resolution Nos. 2005 -17, 2005 -27, 2005 -50, 2005-
231, 2006 -051, 2006 -099, 2006 -209, 2006 -239, 2007 -005, and 2007 -047, and the
Proclamation shall remain in full force and effect.
6
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 17th day of July, 2007, by the following roll call
vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ANAHEIM
ATTES/
C i Y CLERK OF T
65902v1
7