RES-2006-051RESOLUTION N0. 2006-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (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
N0. 2005-17, (ii) DETERMINING THAT THE NEED FOR
CONTINUING THE LOCAL EMERGENCY EXISTS, AND (iii)
AUTHORIZINNG AND RATIFYING CERTAIN ACTS AND
ORDERS BY THE DIRECTOR OF EMERGENCY SERVICES
WHEREAS, Section b.04.ob0 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. l 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 1 S, 2005, the City Council adopted its Resolution No. 2005-
17 fording that the aforesaid conditions of extreme peril (the "impending peril") did wan~ant 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 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
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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 Apri112, 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 Apri118, 2005, at which time the City Council was not in session,
the Director of Emergency Services did issue "Order Number 3 of the Directory 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 Apri126, 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
WI~REAS, since Apri126, 2005, at intervals not greater than every 21 days, the City
Council has 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 rat 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 Directory 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 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
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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
WI~REAS, the City of Anaheim, through a private contractor, has completed
ij~~~piementutic~i~ of the provisions of Order Na. 4 by constructing a temporary paved. e;:;~.~;;::a:~..
access road along Hidden Grove Lane to restore vehicular access for emergency vehicles, pu nli ~ ~:r~:
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 LanelFox 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, the City Council does hereby find that the aforesaid conditions of
impending peril did warrant and necessitate the issuance of Order No. 5 by the Director of
Emergency Services and, for such reason, the City Council does hereby ratify said Order No. 5; 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 topersonsand/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
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
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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, 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, and 2005-231 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 28th day of March, 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY O AHEIM
sy
MAYOR OF Tf~ F ANAHEIM
ATTEST:
C CLE OF TIC CITY OF ANAI~IM
60176. I
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EMERGENCY ORDER N0.5
AN ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE
CITY OF ANAHEIM (1}RESCINDING PARAGRAPH l OF EMERGENCY
ORDER N0.5 ISSUED ON DECEMBER 8, 2045, AND TERMINATING THE
ORDER SET FORTH THEREIN, RELATING TO THE 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 LANElFOX GLEN DRIVE AREA,
AND (2}ISSUING CERTAIN ADDITIONAL ORDERS RELATING TO SAID
LOCAL EMERGENCY
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, 3b5 and 373 Ramsgate Drive, Anaheim, California (the "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, l 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, l 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. l issued pursuant thereto; and
WHEREAS, on March 2, 2045, 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 issued on February 9, 2005"
("Order No. 2"}; 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, the land movement in the vicinity of Ramsgate Drive currently blocks, and
prevents the use of, a portion of Hidden Grove Lane which formerly provided access to thirteen
properties and the residents thereof in the Hidden Grove Lane/Fox Glen Drive area of the City of
Anaheim {The "Affected Area"}; and
WHEREAS, on Apri118, 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, to include Henning Way within the Emergency Area and
to order actions to pave and otherwise render Henning Way safe and passable for purposes of
access during the emergency; and
WHEREAS, on Apri126, 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 continued to exist, (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, on December 8, 2005, at a time when the City Council was not in session,
the Director of Emergency Services did issue Emergency Order No. 4 "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 GroveLane/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 (the "Hidden Grove Emergency
Access"}, and (3) the construction of erosion control and a detention basin to protect downstream
public drainage facilities in the vicinity of Hidden Grove Lane" ("Order No. 4"); and
WHEREAS, Paragraph 1 of said Order No. 4 provides as follows:
"1. No person, corporation or other entity shall take, order, direct, aid,
assist or otherwise participate in, any action to deny, or attempt to deny, vehicular
access to, through, along or across Henning Way, or any portion thereof, to
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emergency vehicles, public and private services, or residents or property~owners
or their invitees of any of those properties in the Affected Area. For purposes of
this order, Henning Way shall mean that certain accessway as depicted and shown
on Exhibit A hereof which extends from its most northerly point connecting to
Quinta Drive and Trail Drive to its southeasterly most point connecting to Fox
Glen Drive. The order set forth in this Paragraph 1 shall remain in full force and
effect until such time as alternative access is completed and available to the
properties in the Affected Area as provided in Paragraph 2 below at which time
the order as set forth in this Paragraph 1 shall be deemed terminated."; and
WHEREAS, the Hidden Grove Emergency Access has now been completed and is
available to the properties in the Affected Area as provided in Paragraph 2 of Order No. 4.
NOW, THEREFORE, I, as Director of Emergency Services, do hereby determine
and order as follows:
1. Paragraph 1 of Order No, 4 is hereby rescinded and shall be of no further force or
effect. The order set forth in said Paragraph 1 is hereby terminated.
2. 1. No person, corporation or other entity shall take, order, direct, aid, assist or
otherwise participate in, any action to deny, or attempt to deny, vehicular access to, through,
along or across the Hidden Grove Emergency Access, or any portion thereof, to emergency
vehicles, public and private services, or residents or properly owners or their invitees of any of
those properties in the Affected Area. For purposes of this order, the Hidden Grove Emergency
Access shall mean that certain accessway as depicted and shown on Exhibit A hereof.
3. The Public Works Director is hereby directed to take such actions by and through
City employees andlor contractors as may be necessary, on an emergency basis, to install and
maintain appropriate signage specifying a maximum reasonable speed and providing other
directions or information to drivers of motor vehicles concerning the use of the Hidden Grove
Emergency Access as deemed appropriate by the Public Works Director. All persons are hereby
ordered and directed to obey any and all signs so posted,
4. No person, corporation or other entity shall take, order, direct, aid, assist or
otherwise participate in any action to (a) interfere with, or attempt to interfere with, any City
employee or contractor in carrying out or implementing Paragraph 3 above, or (b) remove, cover,
obscure, alter, deface or otherwise interfere with any sign so posted.
5. Any violation of any of the orders specified in this Emergency Order No.S shall be
punishable as a misdemeanor pursuant to Section 8b65 of the Government Code of the State of
California.
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6. All peace officers of the City of Anaheim are authorized and directed to enforce
the above orders and, if necessary, to arrest any person who violates or fails to obey any of said
orders.
7, All other terms and conditions of the Proclamation and Orders No.1, 2, 3 and 4,
heretofore adopted, shall remain in full force and effect.
This Emergency Order No. S is adopted pursuant to the authority of Section 8634 of the
Government Code of the State of California and Section 6.04.060 of the Anaheim Municipal
Code
This Emergency Order No. S shall be in full force and effect as of 12:01 p.m, on March
24, 2006, and shall continue in full force and effect until rescinded or amended, or until the local
emergency is proclaimed to be terminated.
Dated: March 22, 2006
. David rgan
Director of Emergency Se ces of the City of Anaheim
61128.1
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