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96-173 RESOLUTION NO. 96R-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY PERTAINING TO THE SANTIAGO AND PEGASUS LANDSLIDES IN 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, the Director of Emergency Services did, on January 19, 1993, proclaim the existence of a local emergency (the "Local Emergency") and issue certain orders pertaining to earth movement and landslides within that certain area (the "Disaster Area") as defined in said Proclamation and First Order; and WHEREAS, such Proclamation and First Order was ratified by the City Council on January 26, 1993, by the adoption of City Council Resolution No. 93R-19; and WHEREAS, the need for continuing the Local Emergency was reviewed and confirmed by the City Council on February 9, 1993, by the adoption of City Council Resolution No. 93R-30; and WHEREAS, pursuant to said Resolution No. 93R-30, the Director of Emergency Services has issued the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Order concerning said Local Emergency (which ten orders are collectively referred to herein as the "Ten Orders"). The Second through Tenth Orders modify or supplement the First Order. As modified and/or supplemented, these provisions are referred to herein as the "Emergency Orders"; and WHEREAS, the City Council reviewed the need for continuing the Proclamation at regular meetings of the City Council held on the following dates: February 23, March 9, March 23, April 6, April 20, May 4, May 18, May 25, June 8, June 22, June 29, July 13, July 27, August 10, and August 24, 1993; and, following each such review, took no action to terminate the Local Emergency; and WHEREAS, the City Council is required by Section 8630 of the Government Code to review the need for continuing a local emergency at least every fourteen days; and WHEREAS, the City Council did not meet on August 31, 1993 or September 7, 1993, and, therefore, was not able to review the need for continuing the Proclamation within the required statutory period; and 1 WHEREAS, on September 7, 1993, the Acting Director of Emergency Services issued another proclamation (the "Second Proclamation") proclaiming the continued existence of the Local Emergency within the City of Anaheim which Second Proclamation was ratified by the City Council, by a duly adopted motion, at the City Council meeting on September 14, 1993; and WHEREAS, the City Council thereafter reviewed the need for continuing the Local Emergency at regular meetings of the City Council held on the following dates: September 28, October 12, October 26, November 9, November 16, November 30, December 14, and December 21, 1993; and, following each such review, took no action to terminate the Local Emergency; and WHEREAS, the City Council did not meet on December 28, 1993 or January 4, 1994, and, therefore, was not able to review the need for continuing the Proclamation within the required statutory period; and WHEREAS, on January 4, 1994, the Director of Emergency Services issued another proclamation (the "Third Proclamation") proclaiming the continued existence of the Local Emergency in the City of Anaheim which Third Proclamation was ratified by the City Council, by a duly adopted motion, at the City Council meeting on January 11, 1994; and WHEREAS, the City Council thereafter reviewed the need for continuing the Local Emergency at regular meetings of the City Council held on the following dates: January 25, February 8, and February 15, March 1, March 15, and March 22, 1994; and, following each such review, took no action to terminate the Local Emergency; and WHEREAS, the City Council did not meet March 29, 1994, or April 5, 1994, and, therefore, was not able to review the need for continuing the Proclamation within the required statutory period; and WHEREAS, on April 5, 1994, the Director of Emergency Services issued another proclamation (the "Fourth Proclamation") proclaiming the continued existence of the Local Emergency in the City of Anaheim which Fourth Proclamation was ratified by the City Council, by a duly adopted motion, at the City Council meeting on April 12, 1994; and WHEREAS, the City Council thereafter reviewed the need for continuing the Local Emergency at regular meetings of the City Council held on the following dates: April 26, May 10, May 24, June 7, June 21, June 28, July 12, July 19, August 2, August 16, and August 23, 1994; and, following each such review, took no action to terminate the Local Emergency; and 2 WHEREAS, the City Council did not meet on August 30, 1994, or on September 6, 1994, and, therefore, was not able to review the need for continuing the Proclamation within the required statutory period; and WHEREAS, on September 6, 1994, the Director of Emergency Services issued another proclamation (the "Fifth Proclamation") proclaiming the continued existence of the Local Emergency in the City of Anaheim which Fifth Proclamation was ratified by the City Council, by a duly adopted motion, at the City Council meeting on September 13, 1994; and WHEREAS, the City Council thereafter reviewed the need for continuing the Local Emergency at regular meetings of the City Council held on the following dates: September 27, 1994, October 11, 1994, October 18, 1994, November 1, 1994, November 15, 1994, November 22, 1994, December 6, 1994, and December 20, 1994; and, following each such review, took no action to terminate the Local Emergency; and WHEREAS, the City Council did not meet on December 27, 1994, or on January 3, 1995, and, therefore, was not able to review the need for continuing the Proclamation within the required statutory period; and WHEREAS, on January 3, 1995, the Director of Emergency Services issued another proclamation (the "Sixth Proclamation") proclaiming the continued existence of the Local Emergency in the City of Anaheim which Sixth Proclamation was ratified by the City Council, by a duly adopted motion, at the City Council meeting on January 10, 1995; and WHEREAS, the City Council thereafter reviewed the need for continuing the Local Emergency at regular meetings of the City Council held on the following dates: January 24, 1995, February 7, 1995, February 14, 1995, February 28, 1995, March 14, 1995, March 28, 1995, April 4, 1995, April 18, 1995, May 2, 1995, May 16, 1995, May 23, 1995, June 6, 1995, June 20, 1995, June 27, 1995, July 11, 1995, July 25, 1995, August 8, 1995, and August 22, 1995; and, following each such review, took no action to terminate the Local Emergency; and WHEREAS, the City Council did not meet on August 29, 1995, or on September 5, 1995, and, therefore, was not able to review the need for continuing the Proclamation within the required statutory period; and WHEREAS, on September 5, 1995, the Director of Emergency Services issued another proclamation (the "Seventh Proclamation") proclaiming the continued existence of the Local Emergency in the City of Anaheim which Seventh Proclamation was ratified by the 3 City Council, by a duly adopted motion, at the City Council meeting on September 12, 1995; and WHEREAS, the City Council thereafter reviewed the need for continuing the Local Emergency at regular meetings of the City Council held on the following dates: September 26, 1995, October 10, 1995, and October 17, 1995; and, following each such review, took no action to terminate the Local Emergency; and WHEREAS, the City Council did not meet on October 24, 1995 or on October 31, 1995, and, therefore, was not able to review the need for continuing the Proclamation within the required statutory period; and WHEREAS, on October 31, 1995, the Director of Emergency Services issued another proclamation (the "Eighth Proclamation" proclaiming the continued existence of the Local Emergency in the City of knaheim which Eighth Proclamation was ratified by the City Council, by a duly adopted motion, at the City Council meeting on November 7, 1995; and WHEREAS, the City Council thereafter reviewed the need for continuing the Local Emergency at regular meetings of the City Council held on the following dates: November 14, 1995, November 28, 1995, December 12, 1995, and December 19, 1995; and, following each such review, took no action to terminate the Local Emergency; and WHEREAS, the City Council did not meet on December 26, 1995, or on January 2, 1996, and, therefore, was not able to review the need for continuing the Proclamation within the required statutory period; and WHEREAS, on January 2, 1996, the Director of Emergency Services issued another proclamation (the "Ninth Proclamation") proclaiming the continued existence of the Local Emergency in the City of Anaheim which Ninth Proclamation was ratified by the City Council, by a duly adopted motion, at the City Council meeting on January 9, 1996; and WHEREAS, the City Council thereafter reviewed the need for continuing the Local Emergency at regular meetings of the City Council held on the following dates: January 23, 1996, February 6, 1996, February 13, 1996, February 27, 1996, March 12, 1996, March 26, 1996, April 9, 1996, April 23, 1996, May 7, 1996, May 21, 1996, June 4, 1996, June 18, 1996, June 25, 1996, July 9, 1996, July 23, 1996, August 6, 1996, and August 20, 1996; and, following each such review, took no action to terminate the Local Emergency; and consultant, concerning land movement in the above-described Disaster Area, and based thereon, has determined to recognize the termination of the Local Emergency and determined not to renew or reinstitute the Local Emergency at this time. NOW, THEREFORE, BE IT PROCLAIMED pursuant to Section 8630 of the Government Code of the State of California that the Local Emergency heretofore proclaimed within the above-described Disaster Area by the First through Ninth Proclamations above- described, and all Emergency Orders heretofore promulgated pursuant thereto, be and the same are, hereby terminated. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 8th day of October, 1996. M~YO/OF THE /TY O~ ATTEST.//~ ~ CI~TY CLERK OF THE CITY OF ANAHEIM 0020536.01 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. 96R-173 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 8th day of October, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Felhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-173 on the 8th day of October, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of October, 1996. 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. 96R-173 was duly passed and adopted by the City Council of the City of Anaheim on October 8th, 1996. CITY CLERK OF THE CITY OF ANAHEIM