RES-2008-204RESOLUTION NO. 2008R- 204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) RATIFYING THE PROCLAMATION OF A LOCAL
EMERGENCY ISSUED ON NOVEMBER 15, 2008, BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF
ANAHEIM, AND (ii) APPROVING AND AUTHORIZING
CERTAIN ORDERS ISSUED PURSUANT THERETO.
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 a copy of which Proclamation is attached hereto and
marked Attachment 1 hereof, which conditions of extreme peril continue to exist (the "impending
peril 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"), a copy of which Order No. 1 is attached
hereto as incorporated into the Proclamation "Attachment 1" hereof); 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 a copy of which Order No. 2 is attached hereto, marked "Attachment 2" hereof; 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"), a copy of which Order No. 3 is attached hereto, marked "Attachment 3" hereof; and
WHEREAS, the City Council does hereby find that the aforesaid conditions of
extreme peril did warrant and necessitate the proclamation of the existence of a local emergency and
the issuance of said Proclamation and Orders Nos. 1, 2 and 3 by the Director of Emergency Services.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby ratifies (i)
that certain "Proclamation of the Existence of a Local Emergency by the Director of Emergency
Services" which Proclamation is dated November 15, 2008, and (ii) "Order No. 1 of the Director of
Emergency Services Pursuant to Proclamation of the Existence of a Local Emergency Issued on
November 15, 2008;" and (iii) "Order No. 2 of the Director of Emergency Services Pursuant to
Proclamation of the Existence of a Local Emergency Issued on November 16, 2008;" and (iv) "Order
No. 3 of the Director of Emergency Services Pursuant to Proclamation of the Existence of a Local
Emergency Issued on November 16, 2008."
BE IT FURTHER RESOLVED that said Local Emergency shall be deemed to
continue to exist until its termination is proclaimed by the City Council of the City of Anaheim.
BE IT FURTHER RESOLVED that the City Council of the City of Anaheim hereby
determines that those certain measures and orders (the "remedial measures described in said
Proclamation and Orders Nos. 1, and 3 constitute appropriate remedial measures to abate the
impending peril relating to the Local Emergency.
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 the City Manager is hereby authorized to order,
undertake, and/or direct such other remedial actions and measures as may be necessary or appropriate
to abate the impending peril.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to issue
further orders and to enter into other agreements as may be necessary or appropriate to abate the
impending peril.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 18th day of November, 2008, by the following roll call vote:
AYES:
Mayor Pringle, Council Members Hernandez, Galloway, Kring
NOES: NONE
ABSENT: Council Member Sidhu
ABSTAIN: NONE
2
CITY OF HEIM
By
MAYOR OF THE CIT OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF AHEIM
71252.1
3
find:
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
BY THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF ANAHEIM
WHEREAS, Section 6.04.060 of the Anaheim Municipal Code empowers the Director of
Emergency Services 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, a fire currently bums uncontained in certain areas of Orange County and
Riverside County including areas in the vicinity of Anaheim Hills within the City of Anaheim
which fire has destroyed or damaged, or currently threatens to destroy or damage, numerous
homes and structures within the City of Anaheim and poses a threat to public health and safety;
and
WHEREAS, the Director of Emergency Services of the City of Anaheim does hereby
1. That conditions of extreme peril to the safety of persons and property have
arisen within said City caused by a rapidly moving fire within, or threatening destruction to, the
areas of the City of Anaheim designated on Exhibit A attached hereto and incorporated herein by
this reference (the "Emergency Area and
2. That the City Council of the City of Anaheim is not presently session.
NOW, THEREFORE, BE IT PROCLAIMED that a local emergency now exists within
the above described Emergency Area of the City of Anaheim.
PURSUANT TO THE ABOVE PROCLAMATION, IT IS ORDERED AS FOLLOWS:
ORDER NO.1 OF THE EMERGENCY SERVICES DIRECTOR
PURSUANT TO PROCLAMATION OF THE EXISTENCE OF
A LOCAL EMERGENCY ISSUED NOVEMBER 15, 2008
1. All residents and occupants of properties within the Emergency Area shall
be immediately evacuated from the Emergency Area.
2. No person shall enter the Emergency Area except: (a) residents of the
Emergency Area for such temporary access as may be expressly authorized by a City of Anaheim
peace officer, and (b) members of the news media while in the performance of news gathering
activities, and (c) authorized firefighters, peace officers, and other emergency personnel as may
be authorized in the area for purposes of firefighting, police services and other purposes related
to protecting public health and safety and public and private property.
ATTACHMENT 1
3. No person shall remain in the Emergency Area after receiving a written or
oral order to leave the Emergency Area from a duly authorized firefighter or peace officer.
4. The provisions of Orders Nos. 1 and 2 above shall not apply to any police,
fire or other emergency service personnel (including without limitation representatives of utility
companies), whether public or private, while engaged in emergency activities or providing
emergency services in the Emergency Area.
5. All peace officers of the City of Anaheim are authorized and directed to
enforce the above emergency orders and, if necessary, to arrest any persons who do not obey said
orders.
6. Violation of any of the above emergency orders shall be punishable as a
misdemeanor pursuant to Sections 6.04.100 and 1.01.370 of the Anaheim Municipal Code.
This proclamation is in effect beginning at 2:45 p.m., November 15, 2008,
and shall continue in full force and effect until rescinded or amended, or until the local
emergency is terminated.
Dated: November 15, 2008.
71243.1
2
__?p /11
EMERGENCY SERVICES DIRECTOR
CITY OF ANAHEIM
The area within the City of Anaheim bounded by:
AND
EXHIBIT A
91 Freeway on the north;
241 Freeway on the east;
Weir Canyon Road or Serrano Avenue on the west; and
All homes north of Marblehead Way on the south
The area within the City of Anaheim bounded by:
Mohler Drive on the north;
Del Giorgio Road on the west;
Canyon Rim Road on the south; and
Deer Canyon Park and Fairmont Park on the east
EMERGENCY ORDER NO. 2
AN ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE
CITY OF ANAHEIM AMENDING PARAGRAPHS 1 AND 2 OF
EMERGENCY ORDER NO. 1 ISSUED BY THE DIRECTOR OF
EMERGENCY SERVICES ON NOVEMBER 15, 2008, AND RESCINDING
THE ORDER OF EVACUATION AS TO CERTAIN HOMES AND
STRUCTURES WITHIN THE EMERGENCY AREA.
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 existing fires and high winds which destroyed or damaged, or threatened to
destroy or damage, homes and structures within certain areas in the vicinity of Anaheim Hills in
the City of Anaheim (the "Emergency Area as more particularly described 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 November 15, 2008, (the "Proclamation and
WHEREAS, on November 15, 2008, 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, contemporaneous with the issuance of said Proclamation, on November 15,
2008, 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"), which Order No. 1 is set forth in said
Proclamation; and
WHEREAS, said Order No. 1 did order the immediate evacuation of all homes and
structures within the Emergency Area; and
WHEREAS, following consultation with the Fire Chief of the City of Anaheim
conceming current fire conditions and the impending peril, the Director of Emergency Services
hereby finds and determines that the continued evacuation of certain portions of the Emergency
Area is not longer necessary.
NOW, THEREFORE, I, as Director of Emergency Services, do hereby determine
and order as follows:
1. Paragraphs 1 and 2 of Order No. 1 be, and the same are hereby, amended in their
entirety to read as follows:
1
ATTACHMENT 2
"1. All persons and occupants of properties within the following described
portions of the Emergency Area shall be immediately evacuated and remain evacuated
until further notice:
Woodcreek Road at Santa Ana Canyon Road, including Woodcove Drive,
Timberline Drive, Whitewater Drive and Cliffside Drive: and
The entire Cascade Apartment complex.
The order of evacuation heretofore issued by the Director of Emergency
Services relating to properties within the Emergency Area is heretofore rescinded except
with regard to the areas and properties set forth above, and all persons and occupants of
properties heretofore ordered evacuated within the Emergency Area are authorized to re-
enter and re- occupy their homes and properties except for the areas and properties set
forth above.
"2. No person shall enter or remain in the portion of the Emergency Area
which is subject to the order of evacuation set forth in Paragraph 1 above except: (a)
residents of the evacuated portions of the Emergency Area for such temporary access as
may be expressly authorized by a City of Anaheim peace officer; (b) members of the
news media while in the performance of news gathering activities, and (c) authorized
firefighters, peace officers, and other emergency personnel as may be authorized in the
area for purposes of firefighting, police services and other purposes related to protecting
public health and safety and public and private property."
2. The following areas shall be limited to pedestrian and vehicle access only by
residents of such areas as determined by the Fire Chief based upon then current fire operations
and valid identification and proof of residency shall be required for access to such areas:
Laurel Tree Drive north of Canyon Vista Drive.
Beechtree Court closed at Canyon Vista Drive.
Morningstar Drive is closed between Canyon Vista Drive and Sunnyhill
Way.
Oak Canyon east of Running Springs Drive.
3. Any violation of any of the orders specified in this Emergency Order No.2 shall be
punishable as a misdemeanor pursuant to Section 8665 of the Government Code of the State of
California.
4. All peace officers of the City of Anaheim are authorized and directed to enforce
the above orders and, if necessary, to arrest any person who violates or fails to obey any of said
orders.
5. Except as expressly modified by this Order No. 2, all other terms, conditions and
orders set forth in the Proclamation and Order No. 1 heretofore adopted shall remain in full force
and effect.
2
This Emergency Order No. 2 is adopted pursuant to the authority of Section 8634 of the
Government Code of the State of California and Section 6.04.060 of the Anaheim Municipal
Code.
This Emergency Order No. 2 shall be in full force and effect as of 8:00 a.m. on
November 16, 2008, and shall continue in full force and effect until rescinded or amended, or
until the local emergency is proclaimed to be terminated.
Dated: November 16, 2008.
71247.1
David M. vl rgan
Director of Emergency Services of the City of Anaheim
3
EMERGENCY ORDER NO. 3
AN ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE
CITY OF ANAHEIM RESCINDING PARAGRAPHS 1 AND 2 OF
EMERGENCY ORDER NO. 1 ISSUED BY THE DIRECTOR OF
EMERGENCY SERVICES ON NOVEMBER 15, 2008, AS MODIFIED BY
EMERGENCY ORDER NO. 2 ISSUED BY THE DIRECTOR OF
EMERGENCY SERVICES ON NOVEMBER 16, 2008, AND RESCINDING
THE ORDER OF EVACUATION AS TO ALL HOMES AND STRUCTURES
WITHIN THE EMERGENCY AREA.
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 existing fires and high winds which destroyed or damaged, or threatened to
destroy or damage, homes and structures within certain areas in the vicinity of Anaheim Hills in
the City of Anaheim (the "Emergency Area as more particularly described 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 November 15, 2008, (the "Proclamation and
WHEREAS, on November 15, 2008, 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, contemporaneous with the issuance of said Proclamation, on November 15,
2008, 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 which Order No. 1 is set forth in said
Proclamation; and
WHEREAS, said Order No. 1 did order the immediate evacuation of all homes and
structures within the Emergency Area; and
WHEREAS, following consultation with the Fire Chief of the City of Anaheim
conceming current fire conditions and the impending peril, the Director of Emergency Services
did issue Emergency Order No. 2 of the Director of Emergency Services of the City of Anaheim
terminating the order of evacuation as to certain properties within the Emergency Area; and
WHEREAS, following further consultation with the Fire Chief of the City of Anaheim
concerning current fire conditions and the impending peril, the Director of Emergency Services
1
ATTACHMENT 3
hereby finds and determines that the continued evacuation of all properties within the Emergency
Area is not longer necessary, and that all prior evacuation orders should be terminated at this
time.
NOW, THEREFORE, I, as Director of Emergency Services, do hereby determine
and order as follows:
1. Paragraphs 1 and 2 of Order No. 1 issued November 15, 2008, as heretofore
modified by Order No. 2 issued November 16, 2008, be, and the same are hereby, rescinded in
their entirety.
2. The order of evacuation heretofore issued by the Director of Emergency Services
relating to properties within the Emergency Area is heretofore rescinded in its entirety, and all
persons and occupants of properties heretofore ordered evacuated within the Emergency Area are
authorized to re -enter and re- occupy their homes and properties.
3. Any violation of any of the orders specified in this Emergency Order No.3 shall be
punishable as a misdemeanor pursuant to Section 8665 of the Government Code of the State of
California.
4. All peace officers of the City of Anaheim are authorized and directed to enforce
the above orders and, if necessary, to arrest any person who violates or fails to obey any of said
orders.
5. Except as expressly modified by this Order No. 3, all other terms, conditions and
orders set forth in the Proclamation and Orders Nos. 1 and 2 heretofore adopted shall remain in
full force and effect.
This Emergency Order No. 3 is adopted pursuant to the authority of Section 8634 of the
Government Code of the State of California and Section 6.04.060 of the Anaheim Municipal
Code.
This Emergency Order No. 3 shall be in full force and effect as of 3:45 p.m. on
November 16, 2008, and shall continue in full force and effect until rescinded or amended, or
until the local emergency is proclaimed to be terminated.
Dated: November 16, 2008.
71248.1
.6-
David M. Dorgan
Director of Emergency Services of the City of Anaheim
2