2005-231RESOLUTION N0.2005-231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) REVIEWING THE NEED FOR CONTINUING THE
LOCAL EMERGENCY HERETOFORE PROCLAIIVVIED BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF
ANAHEIM AS RATIFIED BY CITY COUNCIL RESOLUTION
N0. 2005-17, (ii} DETERMINING THAT THE NEED FOR
CONTIlVUING 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
IlVIPENDING 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 "Emergency Area" or "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
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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 April 12, 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 Apri118, 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 was attached to City Council Resolution
No. 2005-50; and
WHEREAS, on Apri126, 2005, the City Council adopted its Resolution No. 2005-
50 (i) reviewing the need for continuing the local emergency, (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 including said Order No. 3, and (iv) approving and authorizing
certain additional remedial actions relating to the impending peril; and
WHEREAS, since April 26, 2005, at intervals not greater than every 21 days, the City
Council has reviewed the need for continuing the local emergency as required by Section 8630 of
the Government Code of the State of California and, based upon information provided to the City
Council at or prior to each such review, has determined the need for continuing the local emergency
and has determined not to terminate the local emergency; and
WHEREAS, on December 8, 2005, at which time the City Council was not in session,
the Director of Emergency Services did issue "Emergency Order Number 4" entitled "An Order of
the Directory of Emergency Services of the City of Anaheim Ordering (1) the Continued Temporary
Availability of Henning Way as Vehicular Access for Emergency Vehicles, Public and Private
Services, and Residents and Property Owners and Their Invitees to the Properties in the Hidden
Grove Lane/Fox Glen Drive Area Until Alternative Vehicular Access to said Affected Area is
Available, (2) Emergency Work by City Personnel and Contractors to Provide, Construct and
Maintain Alternative Vehicular Access to said Affected Area, and (3) the Construction of Erosion
Control, and a Detention Basis to Protect Downstream Public Drainage Facilities in the Vicinity of
Hidden Grove Lane" ("Order No. 4") pursuant to the Proclamation of the Existence of a Local
Emergency issued on February 9, 2005, a copy of which Order No. 4 is attached hereto and marked
Attachment 1 hereof; and
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WI~REAS, the City Council does hereby find that the aforesaid conditions of
impending peril did warrant and necessitate the issuance of Order No. 4 by the Director of
Emergency Services and, for such reason, the City Council does hereby ratify said Order No. 4; 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 Emergency Area is the subject of gradual earth movement as
defined in Government Code Section 866(a); and
2. An impending peril to persons andlor 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, Order No. 3, and
Order No. 4 (collectively referred to herein as the "remedial measures") constitute appropriate
remedial actions to abate said impending peril; 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 TT 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 Emergency 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 Emergency 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 Emergency 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.
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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 Emergency 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 and/or the peace, health, safety or general welfare, including, without limitation,
orders concerning the stabilization of Ramsgate Drive and the protection of the public facilities
located therein, the accessibility of the private streets within the Emergency Area for use by
emergency service vehicles, and the accessibility of emergency vehicles, public and private services,
and residents and property owners and their invitees to the properties which may be or may become
inaccessible due to prior or future land movement in or in the vicinity of the Emergency Area.
BE IT FURTHER RESOLVED that, pursuant to Section 8b6(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, Order No. 3, and Order No. 4
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 measures, and the acts
heretofore undertaken to implement said remedial measures are hereby ratified and approved.
BE 1T FURTHER RESOLVED that, except as may be expressly superseded by any
provision hereof, Resolution Nos. 2005-17, 2005-27, 2005-50, 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 20th day of December, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
A ST:
OF CITY OF ANAHEIM
6017b.1
CITY O AHEIM
By
MAYOR OF TIC OF ANAHEIM
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EMERGENCY ORDER N0.4
AN ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE
CITY OF ANAHEIM ORDERING {I) THE CONTINUED TEMPORARY
AVAILABILITY OF HENNING WAY AS VEHICULAR ACCESS ~ FOR
EMERGENCY VEHICLES, PUBLIC AND PRIVATE SERVICES, AND
RESIDENTS AND PROPERTY OWNERS AND THEIR INVITEES TO THE
PROPERTIES IN THE HIDDEN GROVE LANEIFOX GLEN DRIVE AREA
UNTIL ALTERNATIVE VEHICULAR ACCESS TO SAID AFFECTED
AREA IS AVAILABLE, (2) EMERGENCY WORK BY CITY PERSONNEL .
AND CONTRACTORS TO PROVIDE, CONSTRUCT AND MAINTAIN
ALTERNATIVE VEHICULAR ACCESS TO SAID AFFECTED AREA, AND
(3) THE CONSTRUCTION OF EROSION CONTROL AND A DETENTION
BASIN TO PROTECT DOWNSTREAM PUBLIC DRAINAGE FACILITIES
IN THE VICINITY OF HIDDEN GROVE LANE.
WHEREAS, Section 6.04.Ob0 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, 3b5 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 1 S, 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
ATTACHMENT 1
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
Pursuant to Proclamation of the Existence of a Local Emergency issued on February 9, 2005"
( Order No. 2 ), 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, the land movement in the vicinity of Ramsgate Drive currently blocks, and
prevents the use of, a portion of Hidden Grove Lane which formerly provided access to thirteen
properties and the residents thereof in the Hidden Grove Lane/Fox Glen Drive area of the City of
Anaheim (The "Affected Area"} as generally depicted on that certain map attached hereto,
marked Exhibit A, and incorporated herein by this reference; and
WHEREAS, the only vehicular access reasonably available to provide ingress and egress
to the Affected Area, including access for emergency vehicles, public and private services, and
residents and property owners and their invitees, is through the privately owned accessway
known as Henning Way as depicted on Exhibit A hereof; and
WHEREAS, on Apri118, 2005, at which time the City Council was not in session, the
Director of Emergency Services did issue "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" ("Order No. 3 "} pursuant to the Proclamation of the Existence of a Local
Emergency issued on February 9, 2005, to include Henning Way within the Emergency Area and
to order actions to pave and otherwise render Henning Way safe and passable for purposes of
access during the emergency; and
WHEREAS, on Apri126, 2005, the City Council adopted its Resolution No. 2005-50 (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. 3, and (iv) approving and
authorizing certain additional remedial actions relating to the impending peril; and
WHEREAS, in order to provide for the protection of life and property and to protect the
public peace, health, safety or general welfare, it is reasonably necessary to issue such orders and
implement such measures, as may be required to assure the continued availability of Henning
Way as temporary vehicular access to the Hidden Grove Lane/Fox Glen Drive area until such
time as an alternative vehicular access to such area is available; and
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WHEREAS, in order to minimize and shorten the time necessary for the use of Henning
Way as the access to the Affected Area, it is further necessary, on an emergency basis, to relocate
such access to a location adjacent to and connecting with the portions of Hidden Grove Lane
which are currently accessible to vehicles; and
WHEREAS, in order to provide for the protection of life and property, and to protect the
public peace, health, safety or general welfare, it is further necessary to order construction of
erosion control measures and a detention basin to protect downstream drainage facilities in and
around Hidden Grove Lane.
NOW, THEREFORE, I, as Director of Emergency Services, do hereby determine
and order as follows:
l . No person, corporation or other entity shall take, order, direct, aid, assist or
otherwise participate in, any action to deny, or attempt to deny, vehicular access to, through,
along or across Henning Way, or any portion thereof, to emergency vehicles, public and private
services, or residents or property owners or their invitees of any of those properties in the
Affected Area. For purposes of this order, Henning Way shall mean that certain accessway as
depicted and shown on Exhibit A hereof which extends from its most northerly point connecting
to Quinta Drive and Trail Drive to its southeasterly most point connecting to Fox Glen Drive.
The order set forth in this Paragraph 1 shall remain in full force and effect until such time as
alternative access is completed and available to the properties in the Affected Area as provided in
Paragraph 2 below at which time the order as set forth in this Paragraph 1 shall be deemed
terminated.
2. The Public Works Director is hereby directed to take such actions by and through
City employees and/or contractors as may be necessary, on an emergency basis, to design,
construct and maintain an emergency accessway adjacent to and connecting with Hidden Grove
Lane to provide vehicular ingress to and egress from said Affected Area, including, without
limitation, necessary grading, paving, signage, and placement of k-rail, as determined by the
Public Works Director.
3. The Public Works Director is hereby directed to take such actions by and through
City employees and/or contractors as may be necessary, on an emergency basis, to design,
construct and maintain erosion control measures and a detention basis to protect downstream
public drainage facilities, as determined by the Director of Public Works.
4. No person, corporation or other entity shall take, order, direct, aid, assist or
otherwise participate in any action to interfere with, or attempt to interfere with, any City
employee or contractor in carrying out or implementing any of the orders specified in Paragraph
2 or 3 above.
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5. Any violation of any of the orders specified in this Emergency Order No. 4 shall
be punishable as a misdemeanor pursuant to Section 8665 of the Government Code of the State
of California.
6. 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.
7. All other terms and conditions of the Proclamation and Orders No.1, 2 and 3,
heretofore adopted, shall remain in full force and effect.
This Emergency Order No. 4 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. 4 is in full force and effect as of 8:00 A.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: December 8, 2005
David M, organ
Director of Emergency S 'ces of the City of Anaheim
60152, I
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