95-196 RESOLUTION NO. 95R - 196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM RATIFYING THE ACTION OF THE DEVEL-
OPMENT SERVICES MANAGER PERTAINING TO USE OF
PRIVATE PROPERTY FOR EMERGENCY PURPOSES DUR-
ING THE SANTIAGO LANDSLIDE
WHEREAS, on or about January 19, 1993, a significant
earth movement (commonly known as the Santiago Landslide)
occurred in the Anaheim Hills area of the City of Anaheim; and,
WHEREAS, in response to said Santiago Landslide, the
City Manager, acting as the Director of Emergency Services of the
City of Anaheim (pursuant to Chapter 6.04 of the Anaheim
Municipal Code), did declare a local emergency and issue certain
orders pertaining to the Santiago Landslide; and
WHEREAS, the City of Anaheim undertook a massive
mobilization of personnel and material to meet the dangers and
potential dangers to persons and property posed by the Santiago
Landslide; and
WHEREAS, a portion of the area, including occupied
residences potentially impacted by the Santiago Landslide had
limited public access from a single direction; and
WHEREAS, further earth movement or other events
related to the local emergency would or could have required
additional access for emergency forces and to permit residents of
the area to evacuate the area or gain access to their homes and
property; and
WHEREAS, in an effort to provide such access from the
west the City did enhance an existing access road across private
property extending generally from the terminus of Avenida de
Santiago to Serrano Avenue; and
WHEREAS, the apparent owner of the private property has
requested the city to acknowledge that the City secured and
retains no rights in the access road arising from the enhancement
of the road; and
WHEREAS, the Development Services Manager has, by
letter dated June 29, 1995 (attached hereto as Exhibit A and
incorporated herein by reference) given such an acknowledgment;
and
WHEREAS, the apparent owners, through their attorneys,
have requested such an acknowledgement from the city Council.
NOW THEREFORE, BE IT RESOLVED, that the City Council
does hereby ratify the actions of the Development Services
Manager set forth in Exhibit A.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 5th day of December,
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
~96.3\MSLAUGHT\November 30, 1995 -2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 95R-196 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 5th day of December, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-196 on
the 5th day of December, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 5th day of December, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-196 was duly passed and adopted by the City Council of the City of Anaheim on this
December 5th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
' ~'~~ CITY OF ANAHEIM. CALIFORiX/IA
Public Works - Engineering Department
P.O. Box 3222. Anaheim. Cali/onaia 92803 (714) 254-S17B FAX (714) 2S4-5225
June 29, 1995
Mr. William Gillespie
Pillsbury, Madison & $utro
725 South Figueroa Street, Suite 1200
Los Angeles, California 90017-2513
RE: Your May 11, 1995 letter concerning alleged taking of Williamson
property (Parcel 3, Book 228-33/44, Parcel Map 87-252)
Dear Mr. Gillespie:
Michael Rubin has forwarded to me your May 11, 1995 letter concerning
the access road on the Williamson property and has informed me that
you have requested a formal letter from a City official acknowledging
that the City does not claim that any permanent rights accrued to the
City in or to that access road by reason of the City's actions on the
access road during the landslide emergency. This letter is intended
to be that official acknowledgement.
My understanding is that this access road was a pre-existing roadway
utilized for utility purposes and possible fire road purposes. In
late January 1993, during the early stages of the landslide
emergency, a City contractor merely enhanced the utility of the road
by spreading some rocks so that it could be more safely used in the
event other access to the area was temporarily cut off. This was
~, done after verbal discussions between City staff and Mr. Williamson
with the understanding that the emergency use was permissive. No
intent existed to make a hostile, adverse claim by reason of such
emergency use.
ilri~~ly y~urs,
Development Services Manger
NAM:nt
c: Malcom Slaughter
Gary E. Johnson
Michael Rubin
File ~