RES-2009-003RESOLUTION NO. 2009R- 003
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. 2008 -204. 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 November 1.5, 2008. 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 fire and high winds 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 November 15. 2008, (the "Proclamation 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 November 15, 2008, in conjunction with and as part of said
Proclamation, 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 November 15. 2008" "Order No. 1"). a copy of which Order No. 1 is
attached hereto as incorporated into the Proclamation; and
WHEREAS, at or about 8:00 a.m. on November 16, 2008, the Director 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
November 15, 2008" "Order No. 2 and
WHEREAS, at or about 3:45 p.m. on November 16, 2008, the Director of
Emergence Services of the City of Anaheim did issue "Order No. 3 of the Director of
Emergence Services Pursuant to Proclamation of the Existence of a Local Emergency Issued on
November 15. 2008' "Order No. 3 and
WHEREAS on November 18. 2008. the City Council adopted its Resolution No.
2008 -204 finding that the aforesaid conditions of extreme peril (the "impending peril did
warrant and necessitate proclamation of the existence of a local emergency and issuance of said
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Proclamation by the Director of Emergency Services, and for such reasons, the City Council
ratified said Proclamation and Order No. 1. Order No. 2 and Order No. 3 issued pursuant thereto:
and
WHEREAS. on December 2. 2008, and December 16, 2008, 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 thai conditions warrant: and
WHEREAS. the City Council did not meet between December 16, 2008, and
January 13. 2009. and, therefore, did not review the need for continuing the local emergency
within such 21 day period: and
WHEREAS. because the need for continuing the local emergency was most
recently reviewed on December 16. 2008, it is necessary for the City Council to reissue the
Proclamation at this time if the local emergency is to continue in existence; and
WHEREAS. the City Council hereby finds that the need for continuing the local
emergency continues to exist at this time: and
WHEREAS, the City Council heretofore determined and /or determines that those
certain treasures identified in the Proclamation, Order No. 1, Order No. 2 and Order No. 3
(collectively referred to as the "remedial measures constitute appropriate remedial measures to
abate the 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.
NOV A. THEREFORE, BE IT RESOLVED that the City Council hereby proclaims
and reissue; the "Proclamation of the Existence of a Local Emergency by the Director of
Emergency Services` which Proclamation is dated November 1.5, 2008. and (ii) "Order No. 1 of
the Director of Emergency Services Pursuant to Proclamation of the Existence of a Local
Emergency Issued of November 15. 2008 and (iii) "Order No. 2 of the Director of Emergency
Services Pursuant to Proclamation of the Existence of a Local Emergency Issued on November
16, 2008; and iv) ()rder No. 3 of the Director of Emergency Services Pursuant to
PrtKlamation of the Existence of a Local Emergency Issued on November 16, 2008."
BE 11 FURTHER RESOLVED that said Local Emergency shall be deemed to
continue tc 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 Nos. 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
contractor, of the City of Anaheim are hereby authorized to implement said remedial measures,
and the „cis 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 Cite of Anaheim this 13th day of January. 2009. by the following roll call vote:
AYES:
NOES:
NONE
ABSENT: NONE
ABSTAIN:
NONE
ATTEST:,;
Mayor Pringle, Council Members Hernandez, Galloway, Kring
CITY CLERK OF THE CITY OF ANAHEIM
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MAYOR OF THE CITY OF ANAHEIM