RES-2006-239RESOLUTION NO. 2006- 239
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 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. 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
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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 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 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, 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, the City Council has periodically 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 Director 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
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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 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, because the need for continuing the local emergency as
heretofore proclaimed was not thereafter reviewed by the City Council on or before May
16, 2006, the City Council adopted its Resolution No. 2006 -099 on May 30, 2006, reissuing
the Proclamation and determining that the need for the local emergency continued to exist;
and
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WHEREAS, on June 20, 2006, July 11, 2006, July 25, 2006, and August 8,
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, because the need for continuing the local emergency as
heretofore proclaimed was not thereafter reviewed by the City Council on or before August
29, 2006, the City Council adopted its Resolution No. 2006 -209 on September 12, 2006,
reissuing the Proclamation and determining that the need for the local emergency
continued to exist; and
WHEREAS, on October 3, 2006, and October 17, 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, because the need for continuing the local emergency as
heretofore proclaimed was not most recently reviewed by the City Council on or before
November 7, 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; 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 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
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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.
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. 2005-17,2005-27,2005-50,2005-231, 2006 -051,
2006 -099 and 2006 -209 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 13th day of November, 2006, by the following roll call
vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN:
None
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CITY OF NAHEIM
By
MAYOR OF THE A N ,
F ANAHEIM
ATTJE$T:
CL K OF THE I OF ANAHEIM
CA0461781 -v3- Reissued_ Proclamation _of_Local_Emergency.W PD