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2005-149RESOLUTION N0.2005- 149 A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF ANAHEIM (i) RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY ISSUED ON JULY 28, 2005, BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF ANAHEIM, AND (ii} APPROVING AND AUTHORIZING CERTAIN REMEDIAL ACTIONS RELATING THERETO. WHEREAS, Section b.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 July 28, 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 presence of several semi-trailers loaded with old and unstable fireworks, explosives and chemicals movement in the vicinity of East La Palma Avenue and N. Pauline Street, Anaheim, California and their detomation in Glover Stadium 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 July 28, 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 July 29, 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 July 28, 2005" ("Order No.1 "), a copy of which Order No. l is attached hereto and marked Attachment 2 hereof; and WHEREAS, on August 1, 2005, the Duector 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 July 28, 2005" ("Order No. 2"), a copy of which Order No. 2 is attached hereto and marked Attachment 3 hereof; and WHEREAS, on August 2, 2005, 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 July 28, 2005" ("Order No. 3"), a copy of which Order No. 3 is attached hereto and marked Attachment 4 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 No.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" 1 which Proclamation is dated July 28, 2005, and (ii) Orders No.1, 2 and 3 of the Director of Emergency Services Pursuant to Proclamation of the Existence of a Local Emergency Issued on July 28, 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. 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 No. 1, 2 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 thisl6th Day of August, 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES; None ABSENT; None ABSTAIN; None CITY O AHEIM By OR OF THE F ANAHEIM ATTES ~(h C CLERK F CITY OF ANAHEIM 58939.1 2 ~~~ ~••w..N..+ ~~~ 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 emer enc the City of Anaheim is affected or likel to be affected b g Y when Y y a public calamity and the City Council is not in session; and WHEREAS, a large quantity of possibly unstable pyrotechnic materials bein stored in trailers and containers on or near the property at 710 East La Palma Avenue in g (the "hazardous materials" currentl the City of Anaheim y threatens the safety of persons and property in the vicinity thereof until such time as such hazardous materials can be identified and dis osal of such hazard materials can safely be made; and p °~ WHEREAS, the Director of Emergency Services of the City of Anaheim does hereb find: Y 1. That, due to the existence of the hazardous materials hereina ' conditions of extreme aril to the safe of bove described, P ty persons and property have arisen, and currently exist, within the area of the City of Anaheim bounded on the north by E. La Palma Avenue on the w by N. Pauline Street, on the south by E. North Street, and on the east b est such area is enerall shown insi _ y the AT&SF RR tracks, as g Y de of the solid heavy lined border on the attached map, marked Exhibit A 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: 1. All residents and occupants of properties within the Emergency Area are hereby ordered to be immediately evacuated from the Emergency Area to the extent such residents and occupants have not heretofore been so evacuated. 2. No person shall enter the Emergency Area except: (a) residents or owners of businesses within the Emergency Area for such access as may be expressly authorized b a Ci of Anaheim eace officer and Y ~ P (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 for the purpose of performing emergency work or services. 3. 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 firefi ter. ~~ ~ ~Yww ~ 2.... P,a~.. ..... 4. The provisions of Orders Nos. l and 2 above shall not apply to any police,, fi~re~ or other emergency service personnel (including without limitation representatives of utility companies), whether public or pnvate, 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 11 o'clock a.m., July 28, 2005, and shall continue in full force and effect until rescinded or amended, or until the local emergency is terminated. ,, Dated: July 28, 2005. ~_ ... EMERG SERVICES DIRECTOR CITY OF ANAHEIM 58835.1 2 ww.wl ~nww......t~.ww.w.i,..iwvww...t.Y wn.v.irxw ........~,..nr.. w+ .w.iw.x..w....,. ~..xewnn.n..... ~~ ' } ~ 5 ~. ~ ~ } ~ii i ~~ ~ ~ ~,; ~ R ~~~ 7~yy~:~ a~M~uN~wMw.a..w~wwww \i'~"y~~~~M! r.Vr..tn+w wpuiu w.. I 6 ~ ~xi M^ w M..,. ...... ~8~18~-~--.> ~ L`o ~' ~ ~t$Cl:~~$~ t y i ~ )yam /~; ~S ~ ~ . f ~'s F ' ~'M ~~ S ~~ i ~` R ~' M(~~{ ~ S ~ _ > • ~~t. • Y3 ~nric~a'~a~; i :'. a:ax~ Kaxlb~~Akrai ' ,. ,: .: ... . .. ::.,,:.~ ..3. ~ ~~ ;; : 1 . ~ ~ .. z^+ , L n i C ~ - ahe ~~~} #"• ^~Y '~ ,..~..... ' • .. ,. :. .x. ;~ .; ~ .... r. •...,.: . .r. ~.~ ~ , ' } ~. ..... ~ . .. .x. ..:.. .. ~ A. .~ i~YYA ~ ~ ~ : VYI~Rl1Y .,~ Y~ 1""ML'""'~~1WWan..~~ aw+~.w.~wi ~..Y.: 'S .:..,~~' !"'"' 's pv.R :~~ r~~ ~ i ftf ) i t ~ ~ ~3 }:~;~~`~' ~ t t' ~,~ ~S ~ .t~ ; `mil) l~ ~w.W V..~ ~r. 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'~~i..w"' w ~~ ,3 .~ ' w .r~ , '"a:. ~ ~~ .' ~ ' 9 1 Legend 3 :: AfiTACNMEN'~~„ P.G.......~........OF ~ ORDER NUMBER l OF THE DIRECTOR OF EMERGENCY ~~~~~ SERVICES OF THE CITY OF ANAHEIM PERTAINING TQ EXPANDING THE AREA SUBJECT TO PROCLAMATION OF LOCAL EMERGENCY WHEREAS, on July 28, 2005, a Proclamation of Local Emergency ("Proclamation")was issued with respect to explosives and combustible materials located on and around La Palma Avenue in the City of Anaheim; and WHEREAS, on July 29, 2005, the Fire Department of the City of Anaheim determined that another loaded trailer containing combustible, explosive materials and chemicals in the form of unstable and decaying fireworks has been improperly stored by the owner of the initially discovered trailers of fireworks in and around the area outlined on the map attached hereto as Exhibit A, hereinafter described as "Second Emergency Area". ~`~ WHEREAS, additional emergency measures to protect life and property in and around the Second Emergency Area including street closures and evacuations maybe required because of the presence of unstable combustible and explosive materials and chemicals, thus 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 in the Proclamation is hereby amended and expanded by adding thereto the area described in Exhibit A. 2, City Staff is directed to take such emergency actions by and through the Anaheim Police Department and Anaheim Fire Department as may be necessary or appropriate to protect lives and property, including but not limited to street closures and evacuations of residents. 3. All other terms and conditions of the Proclamation shall remain in full force and effect. This Order No. l is in full force and effect as of 5 o'clock P.M. of the date subscribed below and shall continue in full force and effect until rescinded or amended, or until the local emergency is proclaimed to be terminated. Dated: July 29, 2005 Davi . Morgan, D' for of Emergency Services of the City o naheim ~...,,~ . ~ r~~ir~ ~ KIIa ~a~ tY1a ~ ~ t d i ~ EC' P CITY F ANAHEIM '~,~ i FARE DEP ARTMENT 1926 1927 1928 19~ 202fi 2027 2028 ' ~, ~f;a..~k ~,~~, ,. ~L, e~,~ ~~~, 2126 2127 21 2128 1 DFSIGNEU BY~ M D. 1 Feb 1 S, 2005 2226 Z~r,• ~ ~ ! ~~~ i 801 ~~ ~ t N i ~ ! ~ ~ ' ~ "' ~i . i j r-~----;~ ° ~ ~ I '~ :j ~ i ~16 •, '~ -~ ~i51b~`, ~ ~t . ~ ~~~ • ~ , ~i52~, ~ 1530 1540 ~~ I ~' ~ , ~ : ._._, 1550 `~ ~~ ~ g ~~~ ~. 1560 ~~, ~ .,~:, { 41580 ~ ~ J- I ~ 1594~j ~ ~'!' L,,i ,~ .r -~"~~~-~ ~~~ ~ C~ f r--- ,! ~ ~ ~ ~ 1fi20 ~ ,..~ ~~---_r ~~ J T II ® ~ D ~ ~~ /148930314 D1STRiCT p.2 P -1: ~• I,'; i:.~ L _.._..~ ~~ ~ ° I~ ~ ~~.,.. L_._...__.... ~_- - --~~-- ;~_ r~y~ ~'~. P _ _ _ .. ~ 5 ~'-T531 4 ~ ~ ~ - ~ +~~,,.~ ,. ~5r , 9 g~ A .~.. ~~--•~" ~ o~ 1551 • .~, ~ { `1{1 ~ ~ ` ' ' J I 1 ~ ' ~ ~1 1~ *~ ~ ~-_ -` ~ . tif.~ .-_. I s2s ~. 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O r, C ~ ~ ; ~Vi '~ ~ } ~ o o~ ~o °l NN 119' ~W~'~ _.J ~~ ~..J f ~n ~ ~ ~. THRU ,. I tig f +~ ~.__~ ~y { L___J 1 __~ .^... __.,~ t ~ ~ ~ 19391 , N ~ G~ _ ~ 19s 0 ~~i ~ -. ~ r ' ,~~,°A i ~ ° ~ g THRU ~ { 2035 r--~ ~ ~ c$ THRU ~ ~ 2009; ~ I ' I ~ ~ L I ~ ... _.__„~ ~ ~ ~ S j , 2045 ' I~ ~~ ~` ~p 2465 ~ ?~% ff __._..z.~ ~ ' 121 cf~~ ..~ l.._.f ~ { ~ ~ ~9 ~ • ~ ~ ~~ .-~ p ~ r 1 ~ ~ i~~ + i ~ 2 ~ 25 r ~ ~..._~ ' 1, I . ~ ..___.. _. ~ Z..~=.t._ ~ ~ _ ~ q.• ~ ~'.r .fin N . kY~ ~ .1~. . ~.1.. ~ IK•• ATTA~HIV~N1 C ~- ~. G, ................0 ~.......... ~,~~ ORDER NUMBER 2 OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF ANAHEIM REQUESTING AID. AND ASSISTANCE FROM COUNTY, STATE AND FEDERAL AGENCIES TO COPE WITH LOCAL EMERGENCY WHEREAS, on July 28, 2005, a Proclamation of Local Emergency ("Proclamation") was issued with respect to explosives and combustible materials located on and around La Palma Avenue in the City of Anaheim; and WHEREAS, on July 29, 2005, the Fire Department of the City of Anaheim determined that additional storage units containing combustible, explosive materials and chemicals in the form of unstable and decaying fireworks has been improper) stored b the owner of the initially discovered trailers of fireworks in and aroun y y as the "Second Emer enc Area", d the area described g Y WHEREAS, the emergency removal and disposition of hazardous and explosive materials at the two impacted sites, as well as monitoring of evacuated areas and street closures have continued through the weekend of July 30-31, 2005, durin inordinate) hot and humid conditions, which have necessitated the limitation g y of exposure by emergency personnel and extended the time required to abate both hazardous sites; and WHEREAS, although City emergency crews have now been working continuously in oppressive conditions since July 28, 2005, the hazards presented b the hazardous, unstable and potentially explosive fireworks have not been full y remaining emergency effort re aired to abet Y abated. The q e such hazards has overwhelmed the emergency response resources available to the City of Anaheim to the point that local resources can no longer cope with and continue necessary emergency explosive removal and decontamination actions without significant assistance from other governmental agencies. :~. NOW, THEREFORE, I, as Director of Emergency Services, do hereby determine and order as follows: 1. I hereby call upon the County of Orange to obtain and bring to bear upon this emergency condition such assistance and additional resources from County, State and Federal sources as may assist the City of Anaheim in abating the emergency without endangering further Anaheim's emergency responders and the citizens within the affected areas. 2. City Staff is directed to take such emergency actions by and through the Anaheim Police Department and Anaheim Fire Department as may be necessary or appropriate to obtain and utilize resources of the county, state and federal government to protect lives and property in the affected areas, 3. All other terms and conditions of the Proclamation shall remain in full force and effect. AlY A~ MW~ r~~~~~~p~Ir~M~r~~ This Order No, 2 is in full force and effect as of 10 o'clock A.M. of the date subscribed below and shall continue in full force and effect until rescinded or am or until the local emergency is proclaimed to be terminat ended, ed, Dated; August 1, 2005 ' ~ ~ l~ Davi M. Morgan, Director of mmegency Services of the City of Anaheim .~ ORDER NUMBER 3 OF THE DIRECTOR OF EMERGENCY ATTA,~ P.~Q.....L...~...01~r,,,,,,L,~..~ SERVICES OF THE CITY OF ANAHEIM RESCINDING REQUEST FOR AID AND ASSISTANCE FROM COUNTY, STATE AND FEDERAL AGENCIES TO COPE WITH LOCAL EMERGENCY WHEREAS, on July 2$, 2005, a Proclamation of Local Emergency ("Proclamation") was issued with respect to explosives and combustible materials located on and around La Palma Avenue in the City of Anaheim; and WHEREAS, on July 29, 2005, the Fire Department of the City of Anaheim determined that additional storage units containing combustible, explosive materials and chemicals in the form of unstable and decaying fireworks has been improperly stored by the owner of the initially discovered trailers of fireworks in and around the area described as the "Second Emergency Area", and on August 1, 2005, a request for emergency assistance was issued; and ~~ WHEREAS, local emergency personnel have now gained control of the situation such that assistance and additional resources from County, State and Federal sources are no longer required to abate the local emergency conditions. NOW, THEREFORE, I, as Director of Emergency Services of the City of Anaheim, do order and declare as follows: 1. Order Number 2 issued August 1, 2005 requesting emergency assistance is hereby rescinded. 3. All other terms and conditions of the Proclamation shall remain in full force and effect. This Order No. 3 is in full force and effect as of 10 o'clock A.M, of the date subscribed below and shall continue in fill force and effect until rescinded or amended, .# or until the local emergency is proclaimed to be terminated. Dated: August 2, 2005 avi M. Morgan, Director of mergency Services of the City of Anaheim 58870.1