RES-2006-099RESOLUTION NO. 2006 - pgg
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (i) REISSUING A PROCLAMATION OF THE
EXISTENCE OF A LOCAL EMERGENCY IN THE CITY OF
ANAHEIM AS HERETOFORE PROCLAIMED BY THE
DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF
ANAHEIM AND RATIFIED BY CITY COUNCIL RESOLUTION
NO. 2005 -17, AND (ii) DETERMINING THAT THE NEED FOR
CONTINUING THE LOCAL EMERGENCY EXISTS
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. 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 ResolutionNo. 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. 1 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
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
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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 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 was attached to City Council Resolution
No. 2005 -50; and
WHEREAS, on April 26, 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; and
WHEREAS, on December 20, 2005, the City Council adopted its Resolution No.
2005- 231 (i) reviewing the need for continuing the local emergency, (ii) determining that the need
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for continuing the local emergency exists, (iii) authorizing and ratifying certain acts and orders by
the Director of Emergency Services including said Order No. 4, and (iv) approving and authorizing
certain additional remedial actions relating to the impending peril; and
WHEREAS, the City of Anaheim, through a private contractor, has completed
implementation of the provisions of Order No. 4 by constructing a temporary paved emergency
access road along Hidden Grove Lane to restore vehicular access for emergency vehicles, public and
private services, and residents and property owners and their invitees to said thirteen properties in
the Hidden Grove Lane /Fox Glen Drive area; said project included the addition of approximately
1,000 cubic yards of imported soil along the base of the landslide, re- grading a portion of the easterly
slope of Hidden Grove Lane, lining of the slope with jut mat, installation of K -rail concrete barriers,
construction of a temporary drainage system with desilting basins, and installation of the temporary
single -lane paved access road; and
WHEREAS, on March 22, 2006, following the completion of said project
implementing Order No. 4, the Director of Emergency Services issued Order No. 5 (i) rescinding
Paragraph 1 of Order No. 4 requiring 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 thirteen properties in the Hidden Grove Lane/Fox Glen Drive area,
and (ii) issuing certain additional orders relating to said local emergency; and a copy of which Order
No. 5 is attached hereto and marked Attachment 1 hereof, and
WHEREAS, on March 28, 2006, the City Council adopted its Resolution No. 2006-
051 (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, and (iii) authorizing and
ratifying certain acts and orders by the Director of Emergency Services; and
WHEREAS, on April 11, 2006 and April 25, 2006, 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, Section 8630 of the Government Code of the State of California requires
that the City Council shall review, at least every 21 days, the need for continuing the local emergency
and to proclaim the termination of the local emergency at the earliest possible date that conditions
warrant; and
WHEREAS, the City Council hereby finds that the need for continuing the local
emergency continues to exist at this time; 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
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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 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, Order No. 2, Order No. 3, Order
No. 4 and Order No. 5 (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; and
WHEREAS, because the need for continuing the local emergency as heretofore
proclaimed was not most recently reviewed by the City Council on May 16, 2006, it is necessary for
the City Council, by adoption of this resolution, to reissue the proclamation of the existence of a
local emergency as theretofore proclaimed by the Director of Emergency Services and ratified by the
City Council by the adoption of its Resolution No. 2005 -17.
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 City Council hereby proclaims and reissues
the Proclamation of the Existence of a Local Emergency as heretofore proclaimed by the Director
of Emergency Services on February 9, 2005, and ratified by the City Council by its Resolution No.
2005 -17 as adopted on February 15, 2005.
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, Order No. 3, Order No. 4 and
Order No. 5 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 measures, and the acts
heretofore undertaken to implement said remedial measures are hereby ratified and approved.
BE IT FURTHER RESOLVED that, except as may be expressly superseded by any
provision hereof, Resolution Nos. 2005 -17, 2005 -27, 2005 -50, and 2005 -231 and the Proclamation
shall remain in full force and effect.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 30th day of May, 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF HEIM
By
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CIT CLERK OF THE CITY OF ANAHEIM
61781.1
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