Loading...
RES-2017-144RESOLUTION NO. 2017- 144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY ISSUED ON OCTOBER 9, 2017 BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF ANAHEIM AND FINDING THAT THE CONDITIONS OF PERIL THAT CONSTITUTE THE LOCAL EMERGENCY ARE LIKELY TO BE BEYOND THE CONTROL OF THE SERVICES, PERSONNEL, EQUIPMENT AND FACILITIES OF THE CITY OF ANAHEIM WHEREAS, California Government Code Section 8630 and Anaheim Municipal Code Section 6.04.060 empower the Director of Emergency Services of the City of Anaheim to proclaim the existence of a local emergency when the City of Anaheim is affected or likely to be affected by a disaster or public calamity and the City Council is not in session; and WHEREAS, on or about October 9, 2017, 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 wildfires burning in the eastern section of Anaheim, commonly known as Anaheim Hills, as proclaimed in the Proclamation of Local Emergency issued by the Director of Emergency Services of Anaheim on October 9, 2017 (the "Proclamation"), a copy of which is attached hereto, which conditions of extreme peril continue to exist (the "impending peril"); and WHEREAS, the wildfires have burned over 8,500 acres, requiring a significant deployment of personnel and equipment to battle the blaze; and WHEREAS, the fires have damaged over 30 structures in Anaheim, have necessitated the evacuation of at least 1000 residents, and have caused multiple road and school closures; and WHEREAS, there is an increased risk of erosion, flooding, debris flow and other hazards resulting from the destruction of vegetation and infrastructure caused by the wildfires; and WHEREAS, on the date and at the time the Proclamation was issued by the Director of Emergency Services the City Council was not in session; and WHEREAS, the City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency and the issuance of the Proclamation by the Director of Emergency Services; and WHEREAS, the City Council does further find that Anaheim has and will continue to respond to and recover from the impacts of the Local Emergency by taking significant and necessary response actions which include, but are not limited to, on-going emergency response, repair of structural and non-structural property damage, remediation of hazardous materials, including 1 asbestos remediation, debris removal, utility repair and replacement, slope stabilization and other disaster response mitigation; and WHEREAS, the City Council does additionally find that these conditions of extreme peril were and are likely to be beyond the control of the services, personnel, equipment and facilities of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim hereby (i) ratifies the Proclamation of Local Emergency issued by the Director of Emergency Services on October 9, 2017, and (ii) fmds and determines that the conditions of extreme peril constituting the Local Emergency are likely to be beyond the control of the services, personnel, equipment and facilities of the City of Anaheim. BE IT FURTHER RESOLVED that said Local Emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Anaheim. BE IT FURTHER RESOLVED that all powers, functions and duties of the emergency organization of the City of Anaheim shall be vested in the persons prescribed by federal and state law and by the Charter, ordinances, resolutions and protocols of the City of Anaheim. BE IT FURTHER RESOLVED that the City Manager and Director of Emergency Services is hereby authorized to order, undertake, and/or direct remedial or other actions as provided in Section 6.04.060 of the Anaheim Municipal Code or as may be necessary or appropriate to abate the impending peril. BE IT FURTHER RESOLVED that the City Manager and Director of Emergency Services is hereby authorized to issue further orders and to enter into other agreements or arrangements as may be necessary or appropriate to abate or remediate the impending peril. E THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th day of October, 2017, by the following roll call vote: AYES:Mayor Tait and Council Members Vanderbilt,Murray,Barnes, and Faessel NOES: None ABSENT: Council Members Moreno and Kring ABSTAIN: None CITY OF ANAHEIM By / MAYOR OF THE CITY OF ANAHEIM ATTEST: ACTING CITY CLE1& OF THE CITY OF ANAHEIM 124991v4 3 PROCLAMATION OF LOCAL EMERGENCY WHEREAS, Anaheim Municipal Code Chapter 6.04 empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Anaheim (the "City") is affected or likely to be affected by a disaster or public calamity and the City Council is not in session; and WHEREAS, the Director of Emergency Services of the City of Anaheim does hereby find: That conditions of extreme peril to the safety of persons and property have arisen within. the City caused by wildfire(s) commencing at approximately ten a.m. on the 9' day of October, 2017; and That conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency; and That the City Council is not currently in session. NOW, THEREFORE, IT IS HEREBY PROCLAIMED, pursuant to Anaheim Municipal Code Section 6.04.060, that a local emergency now exists throughout the City; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of this local emergency, the emergency organization and operations of the City shall be as prescribed by state and local laws, ordinances and resolutions. PROCLAIMED this 9t' day of October 2017. ATTEST: City Clerk of the City of Anaheim Acting City Clerk Linda Andal, Interim City 1 danager and Director of Emergency Services, City of Anaheim CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No.2017-144 adopted at a special meeting provided by law, of the Anaheim City Council held on the 12th day of October, 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, and Faessel NOES: None ABSTAIN: None ABSENT: Council Members Moreno and Kring IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of October, 2017. ACTING CITY CLERK OF THE CITY OF ANAHEIM (SEAL)