2005-017RESOLUTION NO. 2005 - 1~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) RATIFYING THE PROCLAMATION OF A LOCAL
EMERGENCY ISSUED ON FEBRUARY 9, 2005, BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF
ANAHEIM, AND (ii) APPROVING AND AUTHORIZING
CERTAIN REMEDIAL ACTIONS RELATING 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 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 movement and displacement of land in the vicinity of 357, 365 and
373 Ramsgate Drive, Anaheim, California, 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
February 9, 2005, (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 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 is attached hereto and marked Attachment 2 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 Order No. 1 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 February 9, 2005, and (ii) "Order No. 1 of the Director of
Emergency Services Pursuant to Proclamation of the Existence of a Local Emergency Issued on
February 9, 2005."
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.
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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 Order No. l 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 15th day of February, 2005, by the following roll call vote:
AYES: N(ayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MA R OF THE C O ANAHEIM
ATTE T:
ITY CLER OF HE CITY OF ANAHEIM
57248.1
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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 movement and displacement of land at the vicinity of 357 - 373 Ramsgate
Drive in the City of Anaheim has caused the collapse of residences both inhabited and under
construction at those locations and has threatened the structural integrity of other neighboring
residences and threatens to block or compromise the integrity of streets; including but not limited
to Hidden Grove Lane and Ramsgate Drive, required for emergency access and has caused or
threatened to cause mud and debris from such land displacement to flow through storm drains on
Hidden Grove Lane in violation of law; and
WHEREAS, the Director of Emergency Services of the City of Anaheim does hereby
find:
1. That conditions of extreme peril to the safety of persons and property have
arisen, within said City caused by movement and displacement of land within the area shown
inside of the solid heavy-lined border on the attached map, marked Exhibit A anal 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:
1. All residents and occupants of properties within the Emergency Area
located at 357, 365 and 373 Ramsgate Drive, Anaheim, California, 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) employees or contractors of the City of Anaheim when authorized to be within
the Emergency Area.
3. All persons having ownership or control of any storm drain into which
mud or debris caused by or derived from said land movement has or is likely to is shall
immediately take all steps necessary to prevent such mud or debris from entering such stornl
drains.
ATTACHMENT 1
4. All persons having an ownership interest in properties fronting upon
Ramsgate Drive whose dwellings have been ordered evacuated by the Building Official shall be
jointly and severally responsible for immediately erecting fencing to prevent unauthorized entry
onto their properties, or assume responsibility for the cost of emergency fencing already erected
by the City of Anaheim for the protection of the public and the security of the evacuated
residences.
5. No person shall remain in the Emergency Area after receiving a written or
oral order to leave the Emergency Area from a City of Anaheim peace officer or fire fighter.
6. 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.
7. 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.
8. 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 3 o'clock P.M. ,February 9, 2005,
and shall continue in full force and effect until rescinded or amended, or until the local
emergency is terminated.
Dated: February 9 , 200.
EMERGENCY SERV CES DIRECTOR
CITY OF ANAHEIM
57190.1
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~.` ,~ EXHIBIT A J 70
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ORDER NO. 1 OF THE DIRECTOR OF EMERGENCY SERVICES
PURSUANT TO PROCLAMATION OF THE EXISTENCE OF A
LOCAL EMERGENCY ISSUED ON FEBRUARY 9, 2005
Whereas, Section 8634 of the Government Code of the State of California authorizes the City
Council, or officials designated thereby, to promulgate orders and regulations necessary to provide
for the protection of life and property during a local emergency; and
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 is affected or likely to be affected by a public calamity and the City Council is not in
session; and
Whereas, movement and displacement of land at the vicinity of 357, 365 and 373 Ramsgate
Drive in the City of Anaheim has caused damage to the residences both inhabited and under
construction at those locations and has resulted in the issuance of a Proclamation of the Existence
of a Local Emergency by the Director of Emergency Services of the City of Anaheim (the
"Proclamation"); and
Whereas, the residential structure at 365 Ramsgate Drive has been irreparably damaged by
such land movement; and
Whereas, the residential structure at 373 Ramsgate Drive is currently being threatened and
damaged due to the land movement and is in imminent danger ofbeing irreparably damaged thereby;
and
Whereas, the immediate demolition of the residential structure at 365 Ramsgate Drive is
reasonably necessary to provide access to earthmoving equipment which is required to take remedial
measures needed to protect and preserve the residential structure and property at 373 Ramsgate Drive
as requested and to be performed by the owner of the property at 373 Ramsgate Drive.
Now, therefore, I, as Director of Emergency Services, do hereby determine and order as
follows:
1. That the owner of the premises at 365 Ramsgate Drive (the "property owner") is
hereby ordered and directed to immediately demolish the existing residential structure at said address
to provide safe access for remedial measures which may be reasonably necessary to attempt to
protect and preserve other property.
2. That the demolition required by this order shall be commenced by the property owner,
or such property owner's contractors or agents, not later that 2:00 p.m., February 10, 2005, and
such demolition work shall be diligently pursued to completion.
ATTACHMENT 2
3. If the property owner, or such owner's contractors, agents or representatives fails to
commence such demolition work at or before the time provided in Paragraph 2 above, the City shall,
and the City staff is hereby directed and ordered, to immediately thereafter commence and complete
such demolition work by and through use of its own forces, or through contractors, agents and
representatives selected and retained by the City, and, to the extent permitted by law, such work shall
be a lien on the property at 365 Ramsgate Drive, Anaheim, California.
4. This order is in addition to the orders contained in the Proclamation which orders
shall remain in full force and effect.
This order shall take effect immediately.
Dated: February 10, 2005
FBI ~~
Emergency Services ~ ector
City of Anaheim
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