RES-2009-167RESOLUTION NO. 2009 -467
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM TERMINATING THE LOCAL EMERGENCY
PROCLAIMED ON FEBRUARY 9, 2005, BY THE DIRECTOR
OF EMERGENCY SERVICES OF THE CITY OF ANAHEIM
REGARDING THE MOVEMENT AND DISPLACEMENT OF
LAND IN THE VICINITY OF 357, 365 AND 373 RAMSGATE
DRIVE, ANAHEIM, CALIFORNIA
WHEREAS, Section 8630 of the Government Code and Section 6.04.060 of the Anaheim
Municipal Code empower 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 movement and displacement of land in the vicinity of 357, 365,
and 373 Ramsgate Drive, Anaheim California 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 February 9, 2005, (the "Proclamation ") a copy of which Proclamation is attached
hereto and marked Attachment 1; 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 February 15, 2005, the City Council ratified the Proclamation; and
WHEREAS, since the Proclamation was issued, the Director of Emergency Services has
issued Orders Nos. 1 through 5 relating to the Local Emergency and the City Council has
periodically reviewed the need for continuing the Local Emergency and, by resolutions and
motions duly adopted, has (i) reviewed the need for continuing the Proclamation, (ii) determined
that the need for continuing the Local Emergency exists, (iii) authorized and ratified the prior
acts and orders of the Director of Emergency Services, and (iv) approved and authorized certain
additional remedial actions relating to the Local Emergency; and
WHEREAS, Section 8630 of the Government Code provides that the City Council shall
proclaim the termination of a local emergency at the earliest possible date that the conditions
warrant; and
WHEREAS, Section 6.04.060 of the Anaheim Municipal Code authorizes the Director of
Emergency Services to request the termination of a local emergency; and
WHEREAS, the Directory of Emergency Services has requested that the City Council
terminate the Local Emergency because he has determined that the conditions of extreme peril to
the safety of persons and property that led to the Proclamation and continuance thereof no longer
present an immediate threat and that there is no indication or reason to believe that there is an
immediate danger to the public.
NOW, THEREFORE, BE IT RESOLVED that all orders issued by the Director of
Emergency Services and actions taken by or at the direction of the Director of Emergency
Services from February 9, 2005 to date that relate to the "Proclamation of the Existence of a
Local Emergency by the Director of Emergency Services" dated February 9, 2005, the
ratification thereof, the Local Emergency and continuance thereof by resolutions and motions,
are hereby ratified and approved.
BE IT FURTHER RESOLVED that the conditions of extreme peril to the safety of
persons and property that led to the "Proclamation of the Existence of a Local Emergency by the
Director of Emergency Services" dated February 9, 2005, ratification thereof, and continuance of
the Local Emergency by resolutions and motions of the City Council, no longer exist and the
Local Emergency is hereby proclaimed to be terminated.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 1 7th day of November , 2009, by the following roll call
vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY O NAHEIM
By
MAYOR OF THE CITYAFAVkHEIM
ATTEST:
CITf CLERK OF THE CITY OF ANAHEIM
74554v 1 AHARP
FA
PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY
BY THE DIRECTOR OF EMERGENCY SERVICES
OF THE CITY OF ANAHEIM
WHEREAS, Section 6.04.060 of the Anaheim Municipal Code empowers the Director of
Emergency Services 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, a movement and displacement of land at the vicinity of 357 - 373 Ramsgate
Drive in the City of Anaheim has caused the collapse of residences both inhabited and under
construction at those locations and has threatened the structural integrity of other neighboring
residences and threatens to block or compromise the integrity of streets, including but not limited
to Hidden Grove Lane and Ramsgate Drive, required for emergency access and has caused or
threatened to cause mud and debris from such land displacement to flow through storm drains on
Hidden Grove Lane in violation of law; and
WHEREAS, the Director of Emergency Services of the City of Anaheim does hereby
find:
1. That conditions of extreme peril to the safety of persons and property have
arisen, within said City caused by movement and displacement of land within the area shown
inside of the solid heavy -Iined border on the attached map, marked Exhibit A and incorporated
herein by this reference (the "Emergency Area "); and
2. That the City Council of the City of Anaheim is not presently session
NOW, THEREFORE, BE IT PROCLAIMED that a local emergency now exists within
the above- described Emergency Area of the City of Anaheim.
PURSUANT TO THE ABOVE PROCLAMATION, IT IS ORDERED AS FOLLOWS:
1. All residents and occupants of properties within the Emergency Area
located at 357, 365 and 373 Ramsgate Drive, Anaheim, California, shall be immediately
evacuated from the Emergency Area.
2. No person shall enter the Emergency Area except: (a) residents of the
Emergency Area for such temporary access as may be expressly authorized by a City of Anaheim
peace officer, and (b) members of the news media while in the performance of news gathering
activities, and (c) employees or contractors of the City of Anaheim when authorized to be within
the Emergency .Area.
3. All persons having ownership or control of any storm drain into which
mud or debris caused by or derived from said land movement has or is likely to is shall
immediately take all steps necessary to prevent such mud or debris from entering such storm
drains.
ATTACHMENT 1
4. All persons having an ownership interest in properties fronting upon
Ramsgate Drive whose dwellings have been ordered evacuated by the Building Official shall be
jointly and severally responsible for immediately erecting fencing to prevent unauthorized entry
onto their properties, or assume responsibility for the cost of emergency fencing already erected
by the City of Anaheim for the protection of the public and the security of the evacuated
residences.
5. No person shall remain in the Emergency Area after receiving a written or
oral order to leave the Emergency Area from a City of Anaheim peace officer or fire fighter.
6. The provisions of Orders Nos. l and 2 above shall not apply to any police,
fire or other emergency service personnel (including without limitation representatives of utility
companies), whether public or private, while engaged in emergency activities or providing
emergency services in the Emergency Area.
7. All peace officers of the City of Anaheim are authorized and directed to
enforce the above emergency orders and, if necessary, to arrest any persons who do not obey said
orders.
8. Violation of any of the above emergency orders shall be punishable as a
misdemeanor pursuant to Sections 6.04. 100 and 1.01.370 of the Anaheim Municipal Code.
This proclamation is in effect beginning at 3 o'clock P.M. , February 9, 2005,
and shall continue in full force and effect until rescinded or amended, or until the local
emergency is terminated.
Dated: February / , 2005.
EMERGENCY SERV ES DIRECTOR
CITY OF ANAHEIM
57190.1
2
r
5
Mir
Ask,%
Il k
K
.n_ 4
� r►
a 4
n
�r
u.
ffi }
F
F
i
r ..
N 1 J
r
F
t.
l ~-
4 2b
1; .1 a
• M1
;r
f
r
5
Mir
Ask,%
Il k
K
.n_ 4
� r►
a 4
n
�r
u.
ffi }
F
F
i
r ..
N 1 J