2005-050RESOLUTION N0.2005- 50
A RESOLUTION OF THE CITY COUNCIL 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 RATIFFIED BY CITY COUNCIL RESOLUTION
N0. 2005-17, (ii) DETERMINING THAT THE NEED FOR
CONTINUING THE LOCAL EMERGENCY EXISTS, (111)
AUTHORIZING AND RATIFYING CERTAIN ACTS AND
ORDERS BY THE DIRECTOR
AND (iv) APPROVING AN
ADDITIONAL REMEDIAL A~
IMPENDING PERII.
OF EMERGENCY SERVICES,
)AUTHORIZING CERTAIN
'TIONS RELATING TO THE
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. l of the Director of Emergency Services Pursuant to Proclamation
of the Existence of a Local Emergency Issued on February 9, 2005" ("Order No. l "), a copy of which
Order No. l 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. l 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
1
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 Apri112, 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 Directory 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 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. 3 by the Director of
Emergency Services and, for such reason, the City Council does hereby ratify said Order No. 3; 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 topersonsand/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 andlor hereby determines that
those certain measures identified in the Proclamation, Order No. 1, Order No. 2, and Order No. 3
(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
2
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 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
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 peril 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.
4. Determine whether the impending peril requires any additional remedial
actions to protect public property and/or the peace, health, safety or general welfare and to issue one
or more additional orders from time to time concerning, affecting or relating to the protection of
public property andlor the peace, health, safety or general welfare, including, without limitation,
orders concerning the stabilization of Ramsgate Drive and the protection of the public facilities
iocated therein, and the accessibility of the private streets within the Disaster Area for use by
emergency service vehicles.
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 and Order No. 3 constitute
appropriate remedial actions to abate the impending peril.
BE rT FURTHER RESOLVED that the officers, employees, agents and contractors
of the City of Anaheim are hereby authorized to implement said remedial actions.
3
BE IT FURTHER RESOLVED that, except as may be expressly superseded by any
provision hereof, Resolution Nos. 2005-17, 2005-27 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 26th day of April, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MAYOR OF TIC C O ANAHEIM
ATTEST:
r.
1~
CL K THE CITY OF ANAHEIM
57759. I
4
r t IP-_- r
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
WHEREAS, on February 9, 2005, a Proclamation of Local Emergency ("Proclamation")
was issued with respect to land movements in the vicinity of Ramsgate Drive in the City of
Anaheim; and
WHEREAS, the City Council of the City of Anaheim, through the adoption of
Resolutions Number 2005-17 and 2005-27, ratified the Proclamation and authorized the Director
of Emergency Services to modify the Emergency Area subject to the Proclamation of Local
Emergency as conditions may warrant; and
WHEREAS, the land movement in the vicinity of Ramsgate Drive has severely impacted
streets and roads outside of but adjacent to the Emergency Area designated in the Proclamation
and has blocked ingress and egress in and around Hidden Grove Lane and Henning Way in the
City of Anaheim; and
WHEREAS, emergency measures to protect life and property in and around Hidden
Grove Lane and Henning Way and emergency access to residents on and near Hidden Grove
Lane will be required because of the blockage of Hidden Grove Lane by the land movement,
necessitating the enlargement of the Emergency Area specified in the Proclamation.
NOW, THEREFORE, I, as Director of Emergency Services, do hereby determine and
order as follows:
1. The Emergency Area designated on the map identified as Exhibit A to the
Proclamation of Local Emergency dated February 9, 2005, is hereby amended and expanded by
deleting the map attached thereto as Exhibit A and substituting in its place and stead the map
attached hereto and identified as Exhibit A-1.
2. City Staff is directed to take such actions by and through its contractors as maybe
necessary to pave or otherwise render Henning Way safe and passable for purposes of emergency
access.
effect.
3. All other terms and conditions of the Proclamation shall remain in full force and
This Order is in full force and effect as of 9 o'clock A.M. of the date subscribed below
shall continue in full force and effect until rescinded or amended, or until the local emergency is
proclaimed to be terminated.
Dated: April 18, , 2005
David M. Morg , Dire t of Emergency
5593.1 Services of the City of Anaheim
_:
,. ~,~ ;~ {
%4 _
_ ~ _ _~ _ ..
,,. -~, - -
- ... ~ -,