2005-027RESOLUTION NO. 2005 - 27
A RESOLUTION OF THE CITY COUNCII. OF THE CITY OF
ANAHEIM (i) REVIEWING THE NEED FOR CONTINUING THE
LOCAL EMERGENCY HERETOFORE PROCLAIMED BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF
ANAHEIM AS RATIFIED BY CITY COUNCIL RESOLUTION
NO. 2005-17, (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,
AND (iv) APPROVING AND AUTHORIZING CERTAIN
ADDITIONAL REMEDIAL ACTIONS RELATING TO THE
IMPENDING PERIL
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 "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. 2004-
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, 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
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Emergency issued on February 9, 2005 ("Order No. 2"), a copy of which Order No. 2 is attached
hereto; and
WHEREAS, the City Council does hereby find that the aforesaid conditions of
impending peril did warrant and necessitate the issuance of Order No. 2 by the Director of
Emergency Services and, for such reason, the City Council does hereby ratify said Order No. 2; 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 Disaster 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 and Order No. 2 (the "remedial
actions") constitute appropriate remedial actions to abate said impending peril; and
WHEREAS, the officers, employees, agents and contractors of the City of Anaheim
were authorized to implement said remedial actions; and
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 TI' 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 Director of Emergency Services is hereby
authorized to:
1. Determine whether the impending peril requires the evacuation of any
additional residences or demolition of any additional residences, structures or properties located
within the boundaries of the Disaster Area, and to issue orders concerning, affecting, or requiring
the evacuation of additional residences, demolition of additional residences or structures, and other
actions for abatement of the impending peril within the Disaster Area; and
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2. Determine whether the impending peril requires the evacuation of any
residences or demolition of any residences, structures or properties located outside of the boundaries
of the Disaster Area (the "Additional Properties"), and to issue orders concerning, affecting, or
requiring the evacuation of residences, demolition of residences or structures, and other actions for
abatement of the impending peril on or concerning said Additional Properties.
3. Determine from time to time whether the impending perild requires the
continued evacuation of (a) any residences, structures or properties which have been ordered
evacuated within the Disaster Area, or (b) any Additional Properties which have been ordered
evacuated, and to issue from time to time one or more orders terminating the prior evacuation orders
with regard to some or all of such residences, structures or properties, where appropriate.
BE TT 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 and Order No. 2 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 actions.
BE IT FURTHER RESOLVED that, except as maybe expressly superseded by any
provision hereof, Resolution No.2005-17 and the Proclamation shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 8th day of March, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Chavez, Galloway, Hernandez, Sidhu
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MAYOR OF THE C OF ANAHEIM
ATTEST: / j
ITY CL RK OF THE CITY OF ANAHEIM
57376.1
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ORDER NO. 2 OF THE DIRECTOR OF EMERGENCY SERVICES PURSUANT
TO PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
ISSUED ON FEBRUARY 9, 2005
Whereas, Section 8634 ofthe Government Code ofthe State ofCalifornia 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 357 Ramsgate Drive has been irreparably damaged by
such land movement; and
Whereas, the residential structure at 349 Ramsgate Drive is currently being threatened with
damage due to the land movement and the collapse of portions of the structure at 357 Ramsgate
Drive and is in imminent danger of being irreparably damaged thereby; and
Whereas, parts of the damaged structure at 357 Ramsgate have been propelled by the land
movement into a position from which they are likely to collapse upon the presently undamaged
residential structure at 349 Ramsgate Drive, thus requiring the immediate demolition of those
portions of the residential structure at 357 Ramsgate Drive posing a threat of collapse onto
neighboring properties; and
Whereas, the owner of the residence at 349 Ramsgate Drive has requested such demolition
and the owner of the structure at 357 Ramsgate has failed to respond or accept delivery of a previous
order from the City to demolish the structure.
Now, therefore, I, as Director of Emergency Services, do hereby determine and order as
follows:
1. That the owner of the premises at 357 Ramsgate Drive (the "property owner") is
hereby ordered and directed to immediately demolish any and all portions of the existing residential
structure under construction at that location which pose a threat of collapse onto the neighboring
property at 349 Ramsgate Drive.
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 than 2:00 p.m., March 3, 2005, and such
demolition work shall be diligently pursued to completion.
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 1 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 357 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: March 2, 2005 /
Emergency S i es Director
City o naheim
57353.1
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