SR-700-003-01
..~--:
~ ~ -- :~~~ ~~.,~ L~bl5LATION ~ 2133942962
· F(8 28 '94 11;~9~M
.
?(?O-003~o/
THE WH'1E HOUSe
WASH lNl2.'TClN
.
NO.039 P002/005
/='.2/5
Januery 2.0, 1994
~he lJoqorrlJ:)lc JoU\eO .r.. Witt
'U.t:e~~~r
Fed.e%~ J:II\oq.~1' H~g4!"""'t. ~Q~
Wuh1D9"t=~ tit C~ 20473
a.ca.&.' 14r. "i.~t:
Z. b_\'~ det:a.-...t.ased ;..1: r:lt.c dr::III"~gl!t ill e.~l:a.i.a .~ea8 of th. $ta~o nf
Ca11fot'A:La, n.w.dDg f:-om. &II earchquMo and afC:"r1Jhoeks' ell
JAtlL&IU.:I ~ 'T, 1.,'.. and cl;lll~~U1n9'~ ~G of eut~i.e..i.ht ..v.::it:y ",,-"n
WApJ.t:uc:.e that ,pe-:l&l COftdit.ions .I't wur;mted %'egariin9 ~be c:oet.
Gba~l11f ana.uyt::ll.I:lt.. -:cn=-.:m:lg l"cdan1 hdc p=,,!d.ec. \,\l1ar the
Koben T. Staffora Disaa:t.er llelu:f Md r..a,eacy Assisl:uee Ac:t
(. E.he lJ.t.arZON Ace" J tv"! z:he r.a:;J.:i.c M~i~tqee ,ro9Z'.lIn.
Ttterafg~# % ..ael ffl'J ,)"iIU...q ~', :I.".. ,"j~ ci.t~&dl:.: c!~ClI1QR~igQ
ta - previa that. the r.c1Ar-.l "h1rg''=Iley Ma:DagaeAt Apncy (PEJUJ '1'0&'1
reiAnb\a'l. ~1Jc. p~rC8D.~ 0' L~ C'Q$~:S O'E pn":s''SU=-9 C!.~ce.t. l"ac1eral
&181Itaae:e. 'for ellH:l'gen,y "O%k ",IU.ch nMa. a.ppro'Y'e:s tnr~9'l1
3&aUary 25, ~y~t.
pleue ~t1iy the Go9'U':cr of ~w SL-.J,.a .:4 C.lifoI'AJ.a .oaRd t.AI:
hdw:-a1 CocrcUn.at1r..g Of~icer ,,: e~16 ama.:uwant to ;ay r.\I.jcr disutl!.l;"
de.:lantt=.
sincerely _
~,-'-
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y
~d/28/94 14:29 LEGISLRTION ~ 2133942962
.r ". FEBJ2tJ +94 ~l:'5~r:r" · '-'~ .~' ", ~
.
NO.039 P003/005
p.3/5
r-
Aill~ng code 6118-02
n:nEBAL EHEllGZIICY lGNAGDC8HT AGEJlCY
tEmA-l00 e-DR.]
Cal~fornla: Major Di$aster aod Rel~te4 Dete.-iDatiOQS
AGSNCY: Federal ~~~rge~~y ~ana9amen~ ~geney (~~~~.).
ACTION: No~ice.
s~y~ T~i$ i5 ~ ne~~ce 0: the P~e$~dential deela~a~~Q~ ~:
a meJor d~sa5~e~ f~r ~he St~;e o~ Callfg.nla (:EHA-~v06.~rtl.
daL~~ JBnua:y 1', 199(. ~:.d ~el~~Bd decet~ln~tions.
kFF2C~rvB DArE: JA~~a~y 11. l"~
rOR F'O'aTU.R. IHFOP.1Q.r.tOJi CO>>1"ACT.
!?au!J.ne
c.
Ct\:nphA':':" .
aesponse and Recgv~=~ ~~~e~~crite. Fede~al Emerger.c~ ~~na~&~
me~~ A~e~cy. Wash.ng~cn. ~c 204;2, (202) '4&-3606.
SDPPLDCBNTARY INFQRKAt'tOB: 'ict~ce ~s here~y ~:.ve::' :~a=. :.~ =.
~e~~e: da~e~ J~nua~y :-, 1994. ::.e ~~es~dent ~ec~a:ed a ~&;::
d.isas:..~ \::..c1er t~e a._~::.c~.L:.y ;! t.l\e ~ocer;. ~ ~ S:Q.::c~~
O~saster Rel~~! and E~e:;er.c7 A$s~s~anee Ac~ (4t U.S.C. ;:2:
~ se~.}. as fOllows:
I hav~ deeer~!~ee ~~a~ ch~ damage in ce~tain ~eps
of the St:ate c; Cal.;.!orn~C1~ ~estl.ltin9 frcm an
earthquaxe arod a:~e~shecks OA January 17, 199~, and
c~n~inui~q, 1s c: 5u!:~c~e~~ sever1ty and ..~nitude
~o varrant a ma:cr disa~:.t deelara~1oD unde~ t~e
Itobett "['. s~af~:;)~cl '~.sa.s;~er P-el:.ef and. E1l\et'g~rtcy
AS$1s~ance Ac~ (ft;~e Staf~o:~Act"). r, tne~e=ore,
decla~e that SU~ a majot disas~et eXlsts ~n t~e
Stat~ of Cal~!o~~ia.
In orde% to pr~vl.Cle Fed.e~al assistance, you are
hereby ~~~hori~8d to allocate f~om funds aV411able
for cbese purposes. such utOWlt$ as }"ou f:.nd lleees-
s.xy fer Federal ~s.ster aas.$tance and a~~.n.s~
t&a~1Ve exp@Dses.
YO~ are au~orizld ~c pro~ide Individual Ass~s~ance
~~QW'~~ Lq.~~ LCGISLRTION ~ 2133942962
/' 'T. rEB~28 '::'94 ""11:59AM'" .~-.- .-
.
and E'ublLc AS'si.$t:anc::e in thll d.esi9nat:ed .~e..s .
Consistene vicb the requ..remli)llt 'tt'.4t: redera~ aS51.S"
tance be supplemental, any reoeral runds prQvlded
under ~he S~aff~~d Act fer Publie Assiseance w~11
be limi~ed to 7S percent of the tot.ll eligible
costs except for d.iJ:ec:t: Fed-flr-aI assis"t.ance costs
for emergency ~o:k aU~hO~lzea a~ 100 percent Feder-
al funcing fc~ ~he fi~st ;2 hours.
t-u. 039 P804/005
P.4/S
The rimli.! period ptes~t'j.tued fer the U\p1.ellle~t.a~icl'l 0;
seeeicn 310(a). Prlor~~y tc Certain Ap?lic~tions for Publ~e
Fa~il~ty and Pu~lic Kous1n9 Ass~~~ance, 42 U.S.C. 5153, shall
be tor a pe~ioQ nc~ to eK~ee~ s~x mo~~hs aCcer ~he da~e of
~hiS deela,atiQn.
Not1ce ~s he,eby 9~ven tna~ p~~,uant co the authcri:y
~est~d in the Dir~ctor of the rede'a~ E~e~9~ncy Managemen~
Aqencr under Exeeut~ve Order 121~S, I he~~~y ap;oint Frank t.
!CLshtor. of th.e rede::-aJ. Elnergenc::y Ma!1agemer.t Agency to .act 1;5
~ne Federal Coord~nat1~g Of ricer roc t~1s decla~ed d~sas~e~.
I do hereby ~e~.rmine the fol1o~ln9 ,reas af che 5ta~~ g~
cal.forn1a tQ hays been aff8cted .~rsely by ~his de~la:ee
znaj:or d.:.sast:er:
LaS Arrqeles Cou.ntr for Individual AU"utance and
Pu~lic Ass1s~ance.
(ca~atcq of tederal O~es~ic ASsistance No. 83.516, Disa5~er
AsSJ.stanc;e. )
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~,/~cv~~ 14:~~ LEGISLATION ~ 2133942962
~ ~...".~ .... ,.......~jJ ..._
. FE8 26 '94 12:e1121PM .- -~ .......
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Billinq Code '718-02
.
NO 039 P005/005
,. ;;lo" ~
P 5/5
.
I'EtlERAL nCl:Ju,;sIJe! MI!W;~ AGDCY
[ntQ.-l008-Z)ILJ
ea.lifom.la: Aa,.AcIIle.n-e t.o MoU,ce of il Major Dil.8t..~ Decla:-a-
MOil
A.l:2HCY :
I
FeQ.e~~l E....ergency H.1!ltlg'eJdent Agency t!"EMAJ.
Not1ee..
.AC1"IOW:
S~'!:
Thi5 ~otiee ~ends thu ~ct1ce of a majdr di$a5t~:
for tht;! Stat.e of Cah.fg;t'~'u.a, fi"t!Q-100B-DR), date~ J'anuary 1"'1,
1'94, and ~elitea ce:ermlnatlons.
ErFlC~ CA%2~ Ja~u.ry 19, 1~'4
1'01\ ~a ~IIi'01QQ~IOH CI3DC:'f:
rauhr..e.
c.
l;anr.p!tflll ,
ResFonse ena Recovery D~~eeeOrate, Federal ~~er~ncy ~~age.
me"~ Agency~ WashiAscon, OC 2047Z, (2Q2~ 646-J'06w
5aP.P~ nll'O"!'.OW~ :be r'I~tlCIi! of a J:\...~O=- cA.s~$t'i!r ~:J:'
I:he S~dce of CiU:,:OC:',z. daced J'antiary 17. 19~4, is he.r~=y
aJIleru:led ;'0 .tlclucfil t~e tollc'll~llq arel1$ a.:ncr.g t2':.cse areas
ge~v~m~ned ~o have b~ adversely affecte~ ~y the cata$t~~phe
decla%ed a major d~saster by the 're5ide~~ ~n his d&clara~~c~
of January 1', 1'94.
Ven~ura and Orange CQQAt~es for Indivi.C1ual AsuS-
t.a.nce and Public A.sia1:&nll';.e.
(Caealag of Fede~al OomestLc Assi5~~:ce No. 83.516. D~~aster
A$si.st.anee.l
4~~"~
.. ....,...,.
,~$oeiate ~~~~~~r.
ResPonse .and. .lecelftrv Di:t'e.s-ta.l'a~e.
J.
.
FEE 25 '94 03:47PM CAL OES HQ P 1.0.
?tJO- tJO 3- 0/
Date: :;J.i J.5
,
TO: ~AvrA, IW b'f.lI(,4
, .
Attention:~ J €. r J!;J
Fax Number: A ~ J fj
- "...
. FAX
Telephone
Emergency News Center
(Dur(ng e",ergenclea OI\(Y'
Time: .3 ~ ~O _Number of Attached Pages:"
. tdj alt.,.t:
P.V8
916/282-1840 .
916/262-1843
9161262-1832
8'
Telephone Number:_
From: -r.f 1+
Comments:
_~t;t/, 019' ~
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~tai2 of OIalifallUa:
GOVERNOR'S Of=''''ICE
SACRAMENTO 95814
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n:~I1O_
(alG) .45-28411
PETE WILSO",
GOYERNOQ
January 1& 1994
The President
The Wbite House
Wuhington, D.C. 20500
'I'hrotllrh ~
--
Mr. William M. Medigovich
Resional Director
Federal Emergency Management Agency
Region IX, Building 105
Presidio of San Francisco, California 94129
Dear Mr. President:
On January 17. 1994, as a result of the earthquakes and aftershocks that ooeurred
in southem r.JifQl!ljR ami ill respoDSe to my verbal request, you declared the existence
of a Wmajor di5a5tcr" in the State of Ca1ifomia. 'Ibis dec1amticm implemented the
provisions of Section 401, Public Law 93-288, as .mended by the Robert T. Stafford
Disaster Relief and Bmergency Assistance Act. Public Law 100-707, implemented by
11tle 44, Code of Federal Regulations, Section 206.36, for the County of Los Angeles,
the COunty of Ventura, and the CQ' of Anaheim. AssistaDce provided by the federal
government through the Federal Emergency Management Agency (FBMA) and other
federal sources will provide vital assistance to the State of ("~lifornia in mitigating the
impact on the affected areas.
The preliDlimuy damage assessment currently in process demonstrates that the
eanhquake losses far exceed available. state u:u:llocal govet'!Imeut resources. Total
damases are conservatively estint!l~ to be between $15 billion and $30 billion. PubUe
fadlity and highway damages alone 8M well over $500 million. Supplemental federal
assista11ce is ne<<ssuy for a suceessfu1 recovery, partiCl.~l~_dy in light of the 1993 winter
storm. and October 1993 firestorm disasters, which have already devastated soutbem
Qllift}mia and other parts of the state within the last twelve months.
As a result of the latest earthquake. thirty-eigbt fatalities and over 2,500 injuries
have been confirmed. The American Red Qoss and the Salvation Armv have onened
2S shelters throughout the earthquake area, and it is ostimated that over 25,000 people
have been displaced. Particularly devastating have been numerous collapsed freeway
.
- - ~----------- - - - --~ ~-~ _...-~ - ----
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FEE 25 '94 03:48PM CPL OES HQ P 1.0
P.2/8
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'Ibe President
,..... Janwuy 11, 1994
Page 2
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~",;'t,s and overpasses which have c:aused severe diSrupdon of the southern' QWfomia
highway network. It will be at least a year before this disruption am. be yninimized. Los
Angeles and VCIltUra Counties have also suffered.widespread damage to~water .svstems,-'
as well as rium.erous devastating building collapses. induding an apartJDeDt building, a
shoppina.man. and virtn.l1y the whole city of PU1more.
BIectrie services in the affecced areas are DOt yet fully restored. In addition, due
to five major waterline breakJ, over 200,000 southern Califomia residents continue to
laek water semce;. restol'8.tion is not expected for many days. Finally, Southern
California Gas reports approximately 20,000 c:ustomcn Without &CIVicc; restoration is not
expected for som.e time.
State. and local re&O\.U'Ce& have been fully activated in response. to the earthquake.
Seven state Urban Search and Rescue te;'m, comprised of fifty-six members each. have
been deployed. The Govemor"s Office of Emergency Selvice$ has also mobUized
thirty-eight strike teams to provide ~tance through the fire mutual aid system. The
Los ADgeles Police Depa..tuaent, Los Angeles Sher1fI's Office and the Califomia. Highway
Patrol re:1I'I.d~ OD tactic:aI alert. with the State Police ptOVidiDg additional assistSll'la;:e. The
Natiof'l.l Guard has deployed 2.000 pe.nonne1 to support the u. ADgeles Sberifts
Office. ID addition, the Ca.Iifcm:ti~ Department of Transportation and the Department of
Wa1er Resources are cmrendy conducrin~ damage assessments of highways and dams in
the affected areas. while the state DepBiLwellts of Toxic:s, Fish and Game, and
Conservation are also pedormin~ d1sute.r respoDSe activities.
As we have agreed that supplemental federal disaster assistance is nec:essary, I
hereby request the r",~lemeutatioD of Temporary HousiDg AssistaD~ the Individual and
F:Ilmi1y Grant Program, Disaster Unemployment Assistan~ Crisis Counseling, and the
disaster loan program of the Small Bmd"~ j\r!m;niRtration. I am also requesting Public
Assistance for the restoration of local government and certain privato Don-profit
facilities. I also expect to im!,1ement: the State Supplemental Grant progrstm; as well as
the CaUfomia Disaster ~ca~~,!lI): Program, which provide& low interest deferred
payment loaDs. Specific estimates of the types aDd amount of assistance necessl!)' under
Public Law 93-288, as amended are DOt available at ,!h;~ time.
CQ~ the problems created by this devastating earthquako. as well as
numerous previous disasters. is the continuirtg economic recession in California. The
recession has required us to reduce General Fund spendm, by over ten percen~ thereby
. requiring a slanifieant reduction of services and resources provided by the state to the
public and local governments. Economic forecasts from bOth the public and private
sectors project little reUef for several years. California, as both a governrnc'!t~l entity
~ and its constituent rounties, is unable to cope with the additional fisall burden imposed
by this most recent catastrophic disaster.
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· FEE 25 '94 03:48PM CAL OES HQ P 1.0.
P 3/8
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The President
,,-.., January 18, 1994
Page 3
Oa. the heels of this eamomic "disaster" have now QOme three majolS disasters in
the a:m.rse of the last twenty months in the Los Angeles area alone. Following the civil
nnrest of 1992, the winter stOnDS of 1993, and the most ~ut firestorms of a few
months ago. it is dear that neither this area nor the state can be asked to bear the
burden of recovery alone. So, as Florida. Hawaii and others have done in the recent
Past. I am requesting that the Federal Emergency Management Agency's share ot public
assistance ~ be 100 percent.
Pursuant to FEMA regulations, I certify (hat the total state and local expenditures
and obligatiollS for this major disaster exceed the state's capacity to respond and recover.
I certify that for ~hi~ major disaster, the state and affected local govemments will assume
responsibility for the applicable non-federally eligJ."ble costs.
I would like to express my sincere gratitude for your immediate and unceasing
efforts on beh~lf of tbe earthquake victims.. The actions of the Federal Emergency
Management Agency and other federal agency f.tAIr have been commencl:lble and
essential to alleviate the pain and sufferiDB of disaster victims. The eXpeditious and
effective response of federal and state officials will, allOW' the early opc.,;.,~ of Disaster
,.... Application Centers, which will in turD help victims begin the long and arduous process
of roping with this devastatiDJ tragedy and rebuiJrlin! their lives.
I have designated Richard A Andrews, Ph.D., Director of the o.1ifnrnia Office of
Bm~ncy Services, as the State Coordinating: Officer for this request. He will
coordiDate with the Federal Emergency l\A'A"A~mp...nt Agency to perlonn d:llTTl'ige
assessments, and may provide further information on nrj behalf.
Sincerely,
p~~
PBil:!. WILSON
Govemor
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FEE 25 '94 03:49PM CAL OES HQ P
O.L/ .L~' illI~ ~illI. 0/"1 ... ............~v.... ,'. . I. O.
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U.l.~"S'J.u A.S!.'!
P'~~02l0U.
.
THE WHITE' HOU$~
WASHINGTON
Ja.nu.a.ry 17, 1994
-
Tbe Honorable James L. wiee
Cirec::tor
Faae%al Emergency Management Agency
Washington, ~.C. 20472
Dea;r Mr. Witt:
I have datermiue~ that the damage in ce~ain a~aas of the seate of
Califcrn:i.a, :t:'esultir.g f%'om an earthquake and aftarshooks on
January 17, 1994, and continuing, is of s~tfiQiene aeverity and
magnitude to wa:rant a major Q1saster declaration under the Roberc
T. Stafford Oisa.ster R.elie! and Emergency Assistance Act (lithe
Stafford ActM). I, there tor. , ~eclare tr~t such a major dis.s~er
e~st8 in the State of california.
In ord~r to provide ~eaeral assistance, you are her~y authorized
to allocaee from lunds available for these purposes, such a~ounts
as you find necessary for Fede~al disaster assis~ance and
adm~nietrativs expenses.
~ou ar. aut.horize.d. to provide ln~vidual Ass1stance ana. Public
Assis~~o~ in the designated areas. c=nsisten~ with the
requiremen~ that Paderal assi~tan~e be lupplamen~&l, any Federal
funds prQv:Ldad unde:- t.he Sl:af~ord Act for Pul)l1c Assl.st.a..nee wi.ll );Ie
limited to 75 percent of tbe total eligible ~osts except ~Qr ~1=ect
Federal assistance costs :or emergency werk alJti-..erized at. 100
pe~oent Paderal ~unding for the first 72 hQurs.
Sinc=rely.
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EXECUTIVE DEPARTMENT II
STATE OF CAUFORNIA I
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'94
~L
~ oIlilAnaa
~
~mt'~
IIIIRUS. " Slate of ~raene:1 .. beeR 4etJl.recl 'by reasaa at tM, ertbquaket
In !.all __I., V_tuta .and. 0nIn1t! o-rta.. Oft ~ '7, 1994~ ud.
I
MIIIlUS. .t:at:. t.. ftIPClWClI'. th.. c..,..... to ~ .,,:i... & .tate oJ:
~ the ..,.rat:!CIII. or alS' ~ .Ulate" or statute pt"'Hel"ibill.l the
~c for cond.uot qf st.te ba&ins$, or tbB ~~ nll_; Dr rqu1at'ioos of
UQ" slott. 486MY: aad.
WIIERI4S. 1. Pete 1f.ibon. W'" d4tOflli....... u4 ~ ddan. tbst strlr::t
c.pli.Mol\ wit" CI11f'on:a1. VodUol. ONe . 3&501~2 will pre'V.mt. IWlda.r .D4/o~ btay
.tt1af,tioa at tM ...tattrCY: ,"
a. _____. 'I. I'I'm WILICIJ, .... aoooNueo -i'CII tbe ~,w ..t._ :b. ..
b.r' Seetlotl 8G'7' of the Ca1UOf,'da ~.v sw.1i0e8 Nt In U. c.Utanal.&
~t Code, JIERIlIl SUSfIlII) ~e ,... , 34!G1.2 .ad. tbtt I"tAUlatl0ft5
~~ ~r !ft t1te :CoU.. ,.....u;
~t. lJ'Udc ddqr.s., "Ot."~ ta F~l ~t.:Lm. MY 4t'ivO' ell
OliIdIUOMl 2 Mu.f'1l per 1IlIl'k pedo4 if tl.tk ~ll'01ato has bf!en IDterna:pt._
1lf" iMrtbqaalce ~e.
'I"IM WO\1c period f.ar: t.M$o 4riWlts .., ~ ectend.e4 Z a4cU.Uunal bours to
aer..fL...... (17) bGars.
1ho W!iekl,. CUftlati~ U.it. eo bours in .lpt o...--AGUt:.f.- ~~ is dLuck!d
W 112 hcNr& in e!,gbt C(lnseoati~ 4an- for ~ 4r1'\tU'c.
D' IS ItIImfD. _~ that tW.c a"- Ao1.1 rttk\i.a in offect unti 1 rebruar:y
2.1. 1994" 81: 0001 bctAn;. -... tllCtdUd OC' 8OGMI' i't!II;clndll4.
II n'" ~ I IMwe hwetm.ta $.et. ~ band.
1M ~....- the Orwat Sa! DE tit. Stat. of
GaUfOmJ. to t.e afll_ till. 24Ut day (If
.JuuIJ' 1994.
P~~.1F__
GDvVl'lDl' of CaU.foaaJ.-
AWBSTa
yYl<<H.l, 1m, ~
S@~n!tlUY of Stetoe
/
.::1.1.0 ~..;, rtJ,:,.J.O
FEB 25 '94 03:50PM CRL DES HQ p.I.a.
JAN 18 '84 10:31
.. ~.
~..........................
I 11111. I.. . I
. EXECUTIVE DEPAR.TMENT .
I ST^TS OF CAt.lfORN~ I
I ---- .....- I
. FILED ·
. .~ .. ,."....,,,~tI. .
II. '. ~ ... .."... -II
UAH ;1."7 194
I M~I'cItc1..Q....M. I
.. ~ ~CII :me!"~~.
I _W--. I
. ,,~. A Stet. 01 JllRc.'"", ... 1IeIII decl.pIlll1 ......... 0% tJaB ~ .
. b La. AaAeles COIIII~ Oft ~ ", 1994; .. .
. WlIIIAS. SUb! 1.- ___ _ the Co'It!'Jlllll" to ~ ttu!! ~t1oft Qt evtalll. .
___.. l00U. Otd~- .r tlIl.. *ell .,. ~ a. ..fld_C deli....,.
. d r.... ~~-: GI' atba" LI I .... ~t.I_; ~ .
. IOW,~. If_ m.IOI. ia ~ dOl tIM ~ity nstel1 iA... .
_ 1@et1aa 8ft7.$ at t.IlIIt'~0raJ.8 L..JDQt ~... 1D tM ~..Uf'~
I Co\;_--M!;Me, IIIIBY IIJIlIIIIl .., 1Mat.a. ~. oUr 01: speeia1 uctrtct I
ctatut_. wcU._. natiat.lcla _ n.lf. f..IIpw.... _ ..retr-N~ .
~ .. tIIa .11...,. cd follll .....fI:M:t& I:!lirwP ~1 .. iMtiwt;1aIII.l
. ...~. i-l1llU..., lILt. not UaiWl to. boIpltals. jd1c, ~_t.Ii and II
. ~:;... QIIIlIUD dMI ftl.. ftiell aN _"~:d ., ~ 0Ner iaolade. .
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FEE 25 '94 03:50PM CRL OES HG p.I.a.
JAN 18 'S4 10:30
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I STATE Oil CALIFORNIA I
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p.abUcttY .. 1lOt1oe )II! Ii... ta ...h~.. prod~1:1oII.
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FEB 24 '94 17:06
,..At ?-t?JttJ-003_C/..-...
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...-.......................
. .
. .
II EXECUTIVE DEPARTMENT .
,. STATE OF CALIFORNIA =
. .
. .
II FILED II
II ... ., flli"lttt! Ih ~ If SWt .11
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. WHZltIAS, It St<<tc of ~pnc:y tu.a been aewl!d 1JJ' r-.on r1f the e.arthqualce .
. :La Loa An8elu County un ....., f1. 1994; &lid .
II WBDKAS, Stat. 1aIr ~n the ~ to ~ the operation of cerbliR .
statat_. laci11 ordiMnc_ or 1'1I1_ wbi.elt -.y ~ the efflcimt delivery
. of food. pbarMcoqt.oals or uther ~ .~=~iU_; .
. MOW. "UUOl'\llr(IQ. I; rlUJIi Y.[LSOlI. in. aceorianc8 with tile .ntborit)' vested. in _ III
by Section ~7.~ of the CaHfornia BMrPnCY 8ervicn- /d:!t in the California
. GoverJJ.ent Code, BEllm BUS~ IUIY state. ccant.Y. dt)> or I5pllCia.l district .
statln::.. o~iMftoe. AaUlatlon (lr rat. ~1lC _ saf@ty-relatG.
II restrictions on the delivuy of fflCJd produeu tIIroalll ntall or institutional II
. chiumelll. iac:lm:UfI8, bu.t DOt; li.ltecl to. hospttal.. jails, rutauri!Ults ancI _
schools. ..
. IT IS PUR'lRER ~ the rules 1Ibieb .uti IUspmdocl by tbilJ Order i~luda. II
II but u-. DOt l.i.ited to, rules fO"'emiDs; tha hour. duri.ng wlcl1 deliveries MY .
be _de. ThiB Order *11 r..in In effect until r...."irtd.e4 by lie, until the
. St.to of IMrlenc.v bl offll.!1ally t.-.illllt-'. . _. or for & pariod. of 60 _
My5, wbi~ tK:ear. first. III
. II JfI'l'lUSS WREUOP :I have .
. Iler8unto Nt 111' band. lttIIi II
call1le tile. Great Seal af
tile State of Califomia to .
1M aUix8cl thh 17tb dQ' .
of JaDUIl1'Y '994.
.
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PAGE.lJI2l1
** TOTAL PAGE.e01 **
?-OO--003~O/
. re
.........................~.
. .
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. EXECUTIVE DEPARTMENT .
I STATE OF CALIFORNIA I
. II .
. .
. .
. .
. .
. .
. .
. AMBlv'llMEllT TO .
II ~TION .
. ~w~ .
. WlIEREIlS. by proe.l_Hon dated .January .23, 11194 I declared "" "tate Df .
.. emo,.g.mo:y to exut Il/II /I. Tf$\llt of a lIajor f./Irthquake and !t~ ..ftershockB .
beJtlnnjng ()D January 17. NQ4. aad ordered the ~lUmm of ~rta1n .
. statutf'Fl, TlJles, a.nd rQg.u.lat~OIU; 36 they apply to tin- Qlhfornia ~Pt\rtlilent
. of Transpa~t!l.ti"n; aDd .
_ lIImREAS, the tTl1nsportatiOft ~t~ in the l.O'I Anj!e1fB Ba&1Jl baR b....n _
RIB uVllr@oly d!t....~ and t.he int~.t~- of tbB.t aystl'll hu been affec.te-i by new _
_ seis.u:: al:t ill! H.~ reqlunng that tw;tlhal Wln'k bf!; perfOZ'1ll!d iUi soo" M _
11II possible, and ,.
. WKF:ltllAS. I10naal procpdut'4>$ "<IUld apose. all 1l~C1ept:.a.ble delsy to the II
. progr..-ill3 =d parforllllUWln of $ouch work and there~y PI"!!VI!nt, bindelI.'. (1[" II
. delay lIitT&Il-t1.m of the effe<!.tll. a( tht l!ftQ:encr; II
. NOW, THRRlWOIlll. I. PETE YIt..~. 111 aceor'dance. wall the authority ~sted in _
Ill(' by tbe CaliforniA thl$rl!ern:y Semel'll! Aet. do hereby dedaIl! that tll<) RIB
. State ~f Bm~r2l!ncy &R p~oela~ en JAnUAry 2J. 19~4 811311 ~ly to the 11II
l'O!IIledl.i.! work "~d on brl~.s ar>d other ~tructu~1'$ .... :uientihrd by tfu! _
. Oll:pl\rt11lent of Trafl$portahon. in acf'Or~n('O;> lflth lIQ' d!rBilhve. a& nec~,"f)f _
for t/l(' public safety ",tId ('onv!!ltll!n~ in t.""t porhon of the Lo& AnJ\sleli _
II B!t.lun whp,~(o! tcitIlsport &tMl"tu.-.,. ...stnned ~ .
. lli WITh"BSS WllERP:OP I have II
II llereunto .15et IlJ' Mnd .!1M caU.15ed II
tm- ~reet Seal of tilt St3te of
II California to be af'f1ll!".(l thl,!; III
11th day of F~bt-.:I<Iry. 1994_ II
II
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.
II
ill
ill
II
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FEE 24
'84
17:: 0 1
p~...,-
Glm!nlor of Cd ~ronua
A'1'J'I!!lT::
~ .;t-tJL
Secret~ of State
PAGE 001
** TOTAL PAGE.001 **
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-reo --003--0/ .
F:\Atty\MUNI\MEMOS\BAR\EVICT.ORD
city council Meeting 1-25-94
Santa Monica, California
ORDINANCE NUMBER 1 725 (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING
A MORATORIUM ON TENANT EVICTION FROM
RESIDENTIAL AND COMMERCIAL PROPERTIES
POSTED WITH A NO ENTRY NOTICE OR LIMITED
ENTRY NOTICE RESULTING FROM A LOCAL EMERGENCY,
LIMITING ABANDONMENT OF TENANCIES, AND
DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds
and declares:
(a) The City of Santa Monica has been severely impacted by
the January 17, 1994 Northridge earthquake and its aftershocks
with numerous commercial and residential buildings suffering
substantial damage. The City Council, together with the state
and federal governments, has already declared an emergency as a
result of this disaster.
(b) Numerous commercial and residential structures have
been posted by City building inspectors with a no entry notice
("Red-Tagged") or limited entry notice ("Yellow-Tagged") as being
unsafe for entry or only safe for limited entry. These notices
have resulted in the displacement of tenants from hundreds of
rental units while additional assessments of the structures'
condition are undertaken.
(c) The substantial hardship of displacement resulting from
,
.
.
the Northridge earthquake will only be exacerbated if eviction
proceedings are undertaken against displaced tenants of these
properties during this crisis or if these tenants are considered
to have abandoned their tenancies.
(d) For the reasons set forth above, protection of the
public health, safety, and welfare requires that a moratorium on
tenant eviction from properties that have been red-tagged and
yellow tagged be imposed and that tenants not be considered to
have abandoned their premises unless the tenants expressly inform
their landlord in writing of this intent.
SECTION 2. Moratorium.
(a) Notwithstanding any other provision of the Santa Monica
City Charter and the Santa Monica Municipal Code to the contrary,
whenever the City Council has declared a local state of
emergency, no landlord shall take action to terminate the tenancy
of any tenant who has been displaced from commercial or
residential property due to the posting of the property by City
building inspectors with a no entry or limited entry notice as
being unsafe for entry or safe for limited entry until the tenant
has been restored to actual physical possession of his/her/its
premises for a period of thirty (3D) days.
(b) Actions to terminate a tenancy include, but are not
limited to, service of any notice to quit or other eviction
notice or bringing any action to recover possession or being
granted recovery of possession.
(c) This ordinance is not intended to preclUde a landlord
from proceeding to terminate any tenancy when the landlord had
,
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already formally initiated actions to terminate the tenancy prior
to the declaration of a state of emergency by the City Council.
SECTION 3. Abandonment. During any state of local
emergency, no tenant shall be considered to have abandoned
possession of his, her, or its tenancy if the tenant has vacated
the tenant's premises because the premises has been posted with a
no entry or limited entry notice, unless the tenant has notified
the landlord in writing of the tenant's intention to surrender
possession of the premises to the landlord.
SECTION 4. This ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica city Charter. The city council finds pursuant to
City Charter section 615 that a state of local emergency exists
with the City of Santa Monica as a result of the earthquake which
occurred on January 17, 1994. This Ordinance is necessary for
preserving the public peace, health, and safety, and the urgency
for its adoption is set forth in the findings above.
SECTION 5. Any provision of the Santa Monica Municipal Code
or appendices thereto, inconsistent with the provisions of this
ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City council hereby
e
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.
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 7. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This ordinance shall be
effective upon its adoption.
APPROVED AS TO FORM:
..Ii~
WRENCE
City Attorney
..
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Adopted and approved tlns 25th day of January, 1994.
--
{}/#
/' Mayor
I hereby certify that the foregomg Ordinance No 1725 (CCS) was duly and regularly
introduced at a meeting of the City CouncIl on the 25th day of January, 1994; that the said
Ordinance was thereafter duly adopted at a meetmg of the City Council on the 25th day of
January, 1994 by the following CouncIl vote
Ayes:
Councilmembers
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem,
Vazquez
Noes.
CouncIlmembers
None
Abstain- Councilmembers: None
Absent CouncIlmembers None
ATTEST:
LfiJ~
--- '
CIty Clerk
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...
CA:f:\muni\laws\jl\recon4.ord
City council Meeting 1-25-94
Santa Monica, California
ORD:IRABCB IlUKBBR 1724 (CCS)
(City Council Serie.)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING EMERGENCY PROCEDURES FOR THE RESTORATION
OR DEMOLITION OF EARTHQUAKE DAMAGED
STRUCTURES ON AN INTERIM BASIS AND DECLARING
THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinas. The City Council finds and declares:
(a) Numerous buildings and other structures in the City
of Santa Monica experienced substantial damage due to the January
17, 1994 Northridge earthquake.
(b) In order to facilitate the prompt repair of
earthquake damaged buildings and structures, it is necessary to
establish standards that will permit the prompt repair of such
buildings and structures without requiring compliance with all
current zoning standards.
(c) In order to allow the demolition of structures that
have been damaged to such an extent that the city Building Officer
has determined that demolition is required due to the immediate
threat the existence of such buildings pose to the public health,
safety and welfare, it is necessary to establish procedures for the
demolition of such structures.
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(d) Protection of the public health, safety and welfare
of the citizens requires the immediate modification of existing
Ci ty ordinances to ensure the timely completion of emergency
repairs or demolition.
SECTION 2. ReDairs.
(a) Any building or other structure in the city that has
been substantially damaged due to the earthquake occurring on
January 17, 1994 or its aftershocks, may be repaired without
conforming to current zoning code requirements if the replacement
square footage is less than 50% of the square footage which existed
at the time of the damage or 25,000 square feet, whichever is less,
and if the building is repaired to the square footage, height,
setbacks, site orientatiofi and use which existed at the time of the
damage, and if a residential building, the same number of units as
existed at the time of the damage are restored. Such buildings
shall be subject to the review of the Architectural Review Board
("ARB"), if the building would otherwise be subject to ARB review.
The ARB, in its review, shall make such projects a priority and
shall limit its review to the consideration of neighborhood
integrity and compatibility and whether the project is expressive
of good design contributing to the image of the City of Santa
Monica.
(b) Any building or other structure in the City that has
been substantially damaged due to the earthquake occurring on
January 17, 1994 or its aftershocks, may be repaired without
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conforming to all current zoning requirements if the replacement
square footage exceeds the limits of subsection (a) above, upon a
review by the Planning Commission. The Planning Commission shall
allow such repair if it determines that such repair is consistent
with the General Plan and compatible with the city's land use
goals, and only if the building is repaired to the square footage,
height, setbacks, site orientation, and use which existed at the
time of the damage, and if a residential building, the same number
of units as existed at the time of damage are restored. Such
buildings shall be SUbject to the review of the Architectural
Review Board ("ARB"), if the building would otherwise be subject to
ARB review. The ARB, in its review, shall make such projects a
priority and shall limit its review to the consideration of
neighborhood integrity and compatibility and whether the project is
expressive of good design contributing to the image of the City of
Santa Monica.
SECTION 3. Demol~tion. Any building in the City that has
been inspected by city building inspectors and posted with a no
entry or limited entry notice shall be subject to the following
demolition permit procedures:
(a) The building owner must submit to the City for
review a structural analysis of the building prepared by a licensed
engineer or architect.
(b) Based upon all available information, including a
structural analysis, the City'S Building and Safety Division,
3
.
.
Planning and Zoning Division and Director of Land Use and
Transportation Management shall make a determination on whether the
building may be demolished, and to the extent allowed by state and
federal law, shall issue a demolition permit. This determination
shall consider, but is not limited to, the extent of damage to the
structure, whether the structure presents an imminent threat to the
public health, safety and welfare, that may not otherwise be
otherwise abated through fencing or other means, the historical
significance and the cost of repairing or rehabilitating the
structure.
SECTION 4. ARB Review. For structures requiring ARB review
under the terms of this Ordinance, such review shall be conducted
in the same manner as set forth in Santa Monica Municipal Code
Chapter 9.32 except as provided below:
(a) The appeal of any ruling of the ARB must be made
within 5 days of the date that such ruling is made.
(b) For review of designated landmarks, structures of
merit, structures within historic districts, or structures on the
City Historic Resources Inventory, Volumes 1, 2 and 3 as of January
17, 1994, two members of the Landmarks Commission, appointed by
that body, shall serve as additional voting members of the ARB.
SECTION 5. Rent Control. Nothing in this Ordinance shall
eliminate the applicability of Article 18 of the Santa Monica city
Charter to any property with controlled rental units on the
4
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.
property which are subsequently demolished pursuant to this
Ordinance.
SECTION 6. Sinale Familv Homes. Any single family home that
is demolished pursuant to Section 3 of this Ordinance may be
rebuilt without conforming to all current zoning requirements, if
it is rebuilt to the square footage, height, setbacks, and site
orientation which existed prior to the damage.
SECTION 7. Seismic Safety Codes. Nothing in this Ordinance
shall be construed to eliminate any requirement that earthquake
damaged structures comply with building codes, including seismic
safety codes or standards.
SECTION 8.
effect 45 days
required by law.
This Ordinance shall be of no further force and
from adoption, unless extended in the manner
SECTION 9. The city Council finds pursuant to City Charter
Section 615 that a state of local emergency exists within the city
of Santa Monica as a result of the earthquake which occurred on
January 17, 1994. In order to facilitate the prompt repair of
earthquake damaged buildings or structures, it is necessary to
exempt such buildings and structures from compliance with certain
current building or zoning codes.
5
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SECTION 10. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter. It is necessary for preserving the
public peace, health and safety, and the urgency for its adoption
is set forth in the findings above.
SECTION 11. Any provision of the Santa Monica Municipal Code
or appendices thereto including emergency Ordinance Number 1720,
inconsistent with the provisions of this Ordinance, to the extent
of such inconsistencies and no further, are hereby repealed or
modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 12. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 13. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
6
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.
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
~~
/ ,!~EPH LAWRENCE
~ting city Attorney
7
,
.
.
Adopted and approved this 25th day of January, 1994.
-------------
aM
rMayor
I hereby certIfy that the foregoing Ordinance No. 1724 (CCS) was duly and regularly
introduced at a meetmg of the CIty Council on the 25th day of January, 1994; that the said
Ordinance was thereafter duly adopted at a meetmg of the City Council on the 25th day of
January, 1994 by the followmg Council vote
Ayes:
Councilmembers .
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem,
V 3.zquez
Noes:
Councilmembers:
None
Abstain: Councilmembers: None
Absent Councilmembers' None
ATTEST:
~~~~L:}~
City Clerk
t
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7C{)-003~O/
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CA:TCB:f:atty\muni\laws\mtt\price
City Council Meeting 1-24-94
Santa Monica, California
ORD:IXAHCB BO. 1723 (CCS)
(City Council Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADDING CHAPTER 4.32.160
TO THE SANTA MONICA MUNICIPAL CODE TO REGULATE
PRICE INCREASES OF CONSUMER GOODS, PRODUCTS AND
SERVICES DURING A STATE OF EMERGENCY AND DECLARING
THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 4.32.160 is hereby added to the
Santa Monica Municipal Code to read as follows:
Section
4.32.160.
Excessive
Drice
increases
durina
state
of
emeraency.
Findings.
(a) As a result of the state of emergency
that commenced on January 17, 1994, the City
Council finds that numerous consumers within
the City of Santa Monica have sought to
purchase consumer goods, products and services
such as emergency supplies, water, food,
clothing and other consumer items necessary
1
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,-
for their health and safety. Although no
general shortage of these consumer goods,
products and services exists, numerous
residents have reported incidents of excessive
price increases for these goods, products and
services in many instances, many times above
the prices in effect on or before January 16,
1994. Although price increases may be
necessary where a business has itself incurred
unavoidable hiqher expenses and the business
needs to increase prices in order to obtain a
fair rate of return, these exorbitant price
increases clearly exceed those that would be
reasonably related to any increased
operational expenses by a business.
(b) The city council finds that
excessive and unjustified price increases
during a state of emergency distorts the
marketplace, subjects all consumers to
predatory and unfair business practices and is
unconscionable.
(c) The city Council finds that
protecting citizens from excessive and
unjustified price increases during any state
of emergency as declared by the city, state or
federal officials is vital and necessary for
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,
public health, safety and welfare of all
consumers.
Section 4.32.161. Excessive Price
Increases Prohibi~ed. Upon prOClamation or
declaration by City, state or federal officials
of a state of emergency within or including the
City of Santa Monica, and for a period of
thirty (30) days after the date the emergency
is declared terminated, it shall be unlawful
for any person within the City of Santa Monica
to sell or offer for sale any consumer product
or service, including but not limited to
clothes, food, water, furniture, building or
construction materials, emergency or medical
supplies or gasoline for an amount which
exceeds ten percent (10%) of the price
regularly and customarily charged by the person
for the goods or services on the day
immediately before the proclamation or
declaration of emergency was declared, unless
the person can prove that an increase in price
of greater than ten percent (10%) was
unavoidable and directly attributable to
additional costs imposed on the person by the
supplier of the products or goods or for labor
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),
and materials used to provide the service and
that without a greater than ten percent (lot)
increase the person would not be able to earn
a fair rate of return in his, her or its entire
business.
section 4.32.162. Penalty and
enforcement.
Any person who shall be convicted of
violating the provisions of this Chapter shall
be guilty of a misdemeanor and upon conviction
shall be punished by a fine of not greater than
$500 or by imprisonment in the County Jail for
not more than six months, or by both such fine
and imprisonment. Each day that a violation of
this section occurs shall be considered a
separate offense.
(b) The city Attorney or any citizen may
prosecute a civil action to enforce this
Chapter and in any action obtain such legal and
equitable relief, including the recovery of
actual and punitive damages and reasonable
attorney fees, as may be imposed as provided by
law.
SECTION 2. The city council finds pursuant to city Charter
Section 615 that a state of local emergency exists within the City
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of Santa Monica as a result of severe earthquake damage and that
the public health, safety and welfare of the residents of the City
of Santa Monica will be threatened if the price of consumer goods
is left unregulated and allowed to increase unconscionably far
beyond reasonable rates of return.
SECTION 3. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter. It is necessary for preserving the
pUblic peace, health and safety, and the urgency for its adoption
is set forth in the findings above.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
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of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 6.
The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
~~
LAWRENCE
City Attorney
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Adopted and approved this 25th day of January, 1994.
9tM~
I hereby certIfy that the foregomg Ordmance No. 1723 (CCS) was duly and regularly
mtroduced at a meetmg of the CIty Council on the 25th day of January, 1994; that the said
Ordinance was thereafter duly adopted at a meeting of the City Council on the 25th day of
January, 1994 by the followmg Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein,
Vazquez
Noes:
Councilmembers'
None
Abstain" Councilmembers" None
Absent. Counctlmembers: None
ATTEST
~.w/ ZM~
--- - ~ . ~ /
City Clerk
.
?tJo-c()o:> -LJ/
.
CA:F:\atty\muni\laws\mary\timelim1.ord
City Council Meeting 1-25-94
Santa Monica, California
ORDINANCE NUMBER 1722
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ESTABLISHING TIME LIMITS TO ASSESS
EARTHQUAKE DAMAGED STRUCTURES AND
TO RESTORE VITAL BUILDING FUNCTIONS
ON AN INTERIM BASIS AND DECLARING
THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and PurDose. The city council finds
and declares:
(a) Numerous buildings and other structures in the
City of Santa Monica experienced substantial damage due to the
January 17, 1994 Northridge earthquake and its aftershocks.
(b) Numerous commercial and residential structures
have been posted by City building inspectors with a no entry or
limited entry notice, as being unsafe for entry or safe for
limited entry only, and requiring additional assessment of the
structure's condition. As a result, numerous commercial and
residential tenants have been displaced. In addition, other
commercial and residential tenants occupying damaged structures
to which access has not been limited, have been substantially
harmed by the temporary loss of vital building systems.
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(c) There is a need to promptly assess the safety and
habitability of such structures, so that both owners and tenants
may make informed decisions concerning the occupancy of said
structures. It is therefore necessary to establish procedures
which will facilitate such prompt action, and reduce, to the
Extent feasible, the immediate threat to the public health,
safety, and welfare created by such structures and the
uncertainty and harm to displaced tenants and tenants occupying
damaged structures.
(d) For the reasons set forth above, protection of the
public health, safety and welfare requires the immediate
establishment of procedures to ensure the timely completion of
emergency structural assessment, and repair of vital building
systems, as set forth below.
SECTION 2. Assessment of Red-Taaaed and Yellow-Taaaed
structures. and structures Suspected of containina Structural
Damaae.
(a) Within thirty (30) days from the mailing of notice
pursuant to Section 5 of this Ordinance, the owner of any
residential or commercial structure located in the city of Santa
Monica which has been posted with a no entry notice ("Red-
Tagged") or limited entry notice (uYellow-Tagged") or otherwise
suspected of containing structural damage must file with the city
Building and Safety Division ("Division") a written structural
analysis of the structure prepared by a licensed engineer or
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architect. This time period may be extended for an additional
thirty (30) days upon a finding of good cause by the Director of
Land Use and Transportation Management. If the structural
analysis is not filed within said thirty (30) day period or any
authorized extension, any persons who were tenants of the
building at the time of the damage shall be entitled to
displacement payments as set forth in Section 4 below. In
addition, any owner not filing such analysis within such thirty
(30) day period or any authorized extension shall not be entitled
to the fee waivers established by Emergency Ordinance Number 1720
(CCS) for any subsequent permit or application connected with the
structure.
(b) After the expiration of the thirty (30) day period
or any authorized extension, if the owner has not filed such
analysis, any person who was a tenant of the structure at the
time of damage may file with the Division a structural analysis
prepared by a licensed engineer or architect. The OWner of the
structure shall fully cooperate with the person retained by the
tenant to prepare such analysis. The filing of such report by
any tenant of the structure shall not relieve the owner of any
obligations under this Ordinance. The owner shall reimburse the
tenant for the expense of obtaining the report and the tenant may
maintain a civil action to recover the expense of obtaining the
report as well as costs and reasonable attorneys fees.
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(c) Any structural analysis filed with the Oivision
pursuant to this Ordinance will be made available for inspection
by any interested person at the Division of Building and Safety.
SECTION 3. Restoration of Vital BuildinG Svstems. The
owner of any tenant occupied commercial or residential structure,
which has been damaged by the earthquake or its aftershocks but
which has not been red-tagged or yellow-tagged, must restore
vital building systems within fifteen (15) days from the date of
this Ordinance. If vital building systems cannot be restored
within this fifteen (15) day period, the owner must demonstrate
to the satisfaction of the Building and Safety Division that all
steps possible to initiate and diligently pursue such restoration
have been taken. vital building systems shall mean restoration
of gas, water, electricity, emergency egress, and building
sanitation. If the vital building systems are not restored
within such fifteen (15) day period, and the owner has not
demonstrated that all steps possible to initiate and diligently
pursue such restoration have been taken, tenants of the building
shall be entitled to displacement payments as set forth in
Section 4 below.
SECTION 4. DisDlacement PaYments.
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(a) Any displacement payment payable pursuant to this
Ordinance shall be calculated on a per unit basis. An owner who
,
has failed to comply with Section 2 or 3 of this Ordinance shall
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pay to each of his, her, or its tenants, displacement payments
equal to the monthly Maximum Allowable Rent (MAR) or the actual
monthly rent if not subject to rent control, on a pro rata per
day basis, for each day of non-compliance.
(b) Any owner who fails to make such payments within
ten (10) days of when the payments accrued, shall be liable to
his, her, or its tenants for such payments plus costs and
reasonable attorneys fees in any civil action brought by the
tenant to obtain the payment.
(c) The City Attorney may maintain a civil action to
enforce this Ordinance and may obtain such legal and equitable
relief, including recovery of costs and reasonable attorneys
fees, as a court permits.
SECTION 5. Notice. The Director of the Land Use and
Transportation Management Department shall send to each owner of
a building which has received either a red or yellow tag for
structural deficienies a notice setting forth their obligations
under this Ordinance, along with a copy of this Ordinance.
SECTION 6. Nothing in this ordinance is intended to affect
any rights of any tenants under state, federal, or local law,
including the Rent Control Charter Amendment. No remedy provided
by this Ordinance, including the right to displacement payments
under Section 4, is intended to abrogate the rights of any tenant
to any other remedy to which the tenant may be entitled under
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local, state or federal law, including the Rent Control Charter
Amendment.
SECTION 7. The city council finds pursuant to city Charter
section 615 that a state of local emergency exists within the
city of Santa Monica as a result of the earthquake which occurred
on January 17, 1994. In order to facilitate the timely
completion of emergency assessment, and repair of vital building
systems, it is necessary to establish the procedures set forth
above. This Ordinance is necessary for preserving the public
peace, health and safety, and the urgency for its adoption is set
forth in the findings above.
SECTION 8. Any provision of the Santa Monica Municipal Code
or appendices thereto, inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 9. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
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declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 10. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall be
effective upon its adoption.
APPROVED AS TO FORM:
\~~~
LAWRENCE
City Attorney
7
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Adopted and approved this 25th day of January, 1994.
--------
O~
~ayor ...
I hereby certify that the foregomg Ordinance No. 1722 (CCS) was dilly and regularly
introduced at a meetIng of the City CouncIl on the 25th day of January, 1994; that the saId
Ordinance was thereafter duly adopted at a meetmg of the CIty Council on the 25th day of
January, 1994 by the followmg CouncIl vote
Ayes.
CouncIlmembers'
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosensrem,
Vazquez
Noes:
Councilmembers
None
Abstain: CouncIlmembers: None
Absent: Councilmembers: None
ATTEST:
k~J1~
____ ~ I' -
CIty Clerk
,;
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;7 tJCJ-- tJtJ3-0/
.
CA:F:\MUNI\LAWS\JL\QUAKEFEE.ORD
City council Meeting 1-18-94
Santa Monica, california
ORD:INANCE NUMBER 1720(CCS)
(City Council Series)
AN EKERGEKCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA KONICA DIRECTING THE
C:ITY KANAGER TO WA:IVE ALL CITY PERMIT
PROCESSING FEES RELATED TO REPA:IR AND
RECONSTRUCTION OF EARTHQUAKE DAMAGED
BUILDINGS AND OTHER STRUCTURES AND
DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, numerous buildings and other structures in the city
of Santa Monica were substantially damaged due to earthquakes
occurring on and after January 17, 1994;
WHEREAS, in order to facilitate the speedy and orderly repair
and reconstruction of these earthquake damaged structures in the
city the City Council of the city of Santa Monica finds that it is
necessary and appropriate to waive all permit processing fees as
are required to be paid to the city.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City council authorizes the city Manager or
his or her designee to waive or to forego the requirement of the
payment of any permit processing fees or such other applicable fees
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which may otherwise be necessary for the repair and reconstruction
of earthquake damaged buildings or structures, as the City Manager
in his or her sole discretion deems appropriate to facilitate the
speedy repair or reconstruction of any building or other structure
damaged by the January 17, 1994 earthquake or its aftershocks.
SECTION 2. The City Council finds pursuant to City Charter
Section 615 that a state of local emergency exists within the city
of Santa Monica as a result of severe earthquake damages and that
if significantly damaged buildings and other structures are not
promptly repaired the public health, safety and welfare of the
residents of the city of Santa Monica will be threatened.
SECTION 3. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter. It is necessary for preserving the
public peace, health and safety, and the urgency for its adoption
is set forth in the findings above.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
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SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 6.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
~
LAWJn:NCE
City Attorney
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Adopted and approved tlus 18th day of January, 1994.
(\.\ tJA;
Ma;Jt-'
I hereby certIfy that the foregomg Ordmance No. 1720 (CCS) was duly and regularly
mtroduced at a meetmg of the City CouncIl on the 18th day of January, 1994~ that the saId
Ordmance was thereafter duly adopted at a meeting of the CIty Council on the 18th day of
January, 1994 by the followmg CouncIl vote:
Ayes CouncIlmembers
Abdo, Genser. Greenberg, Holbrook, Olsen, Rosenstem.
Vazquez
Noes: CouncIlmembers
None
AbstaIn Councllmembers' None
Absent CouncIlmembers' None
ATTEST.
~M/~i2~
/
'+-
City Clerk
,:
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7tJc-oc:> 3-0/
.
CA:F:\MUNI\LAWS\JL\RECON2.0RD
city Council Meeting 1-18-94
Santa Monica, california
ORDINANCE NUMBER 1719(CCS)
(City couDcil series)
'--
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ESTABLISHING PROCEDURES FOR THE RESTORATION
OR DEMOLITION OF EARTHQUAKE DAMAGED
STRUCTURES ON AN INTERIM BASIS AND DECLARING
THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinas. The City Council finds and declares:
(a) Numerous buildings and other structures in the city
of Santa Monica experienced substantial damage due to the January
17, 1994 Northridge earthquake.
(b) In order to facilitate the prompt repair of
earthquake damaged buildings and structures, it is necessary to
establish standards that will permit the prompt repair of such
buildings and structures without requiring compliance with all
current zoning standards.
(c) In order to allow the demolition of structures that
have been damaged to such an extent that the City Building Officer
has determined that demolition is required due to the jm~ediate
threat the existence of such buildings pose to the public health,
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safety and welfare, it is necessary to establish procedures for the
demolition of such structures.
Cd) Protection of the public health, safety and welfare
of the citizens requires the immediate modification of existing
City ordinances to ensure the timely completion of emergency
repairs or demolition.
SECTION 2. ~epairs. Any building or other structure in the
City 25,000 square feet or less that has been substantially damaged
or destroyed due to the earthquake occurring on January 17, 1994 or
its aftershocks, may be repaired without conforming to current
zoning code requirements, if the building is repaired to its
original square footage, site orientation, height and setbacks as
existed at the time of the damage, and if the building or structure
retains the same use, and if a residential building, the same
number of units, as existed at the time of the damage. Such
buildings shall be subject to the review of the ArChitectural
Review Board ("ARB"), if the building would otherwise be subject to
ARB review. The ARB, in its review, shall make such projects a
priority and shall limit its review to the consideration of
neighborhood integrity and compatibility and whether the project is
expressive of good design contributions to the image of the City of
Santa Monica.
SECTION 3. Any building or other structure in the City
greater than 25,000 square feet that has been subsequently damaged
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due to the earthquake occurring on January 17, 1994 or its
aftershocks, may be repaired without conforming to all current
zoning requirements, and upon a determination by the Planning
Commission and Architectural Review Board that such repair is in
the public interest and compatible with the City's land use goals,
and only if the building is repaired to its original square
footage, site orientation, height and setbacks as existed at the
time of the damage, if the building or structure retains the same
use, and if a residential building, the same number of units, as
existed at the time of damage.
SECTION 4. Demolition. Any building in the City that has
been inspected by City building inspectors and posted with a no
entry or limited entry notice shall be subject to the following
demolition permit procedures:
(a) The building owner must submit to the City for
review a structural analysis of the building prepared by a licensed
structural engineer.
(b) Based upon all available information, including a
structural analysis, the City'S Building and Safety Division,
Planning and Zoning Division and Director of Land Use and
Transportation Management shall make a determination on whether the
building may be demolished. This determination shall consider, but
is not limited to, the extent of damage to the structure, whether
the structure presents an imminent threat to the public health,
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safety and welfare, the historical significance and the cost of
repairing or rehabilitating the structure.
SECTION 5. Nothing in this Ordinance shall el iminate the
applicability of Article 18 of the Santa Monica city Charter to any
property currently constructed with controlled rental units on the
property which are subsequently demolished pursuant to this
Ordinance.
SECTION 6.
effect 45 days
required by law.
This Ordinance shall be of no further force and
from adoption, unless extended in the manner
SECTION 7. The City council finds pursuant to City Charter
Section 615 that a state of local emergency exists within the City
of Santa Monica as a result of the earthquake which occurred on
January 17, 1994. In order to facilitate the prompt repair of
earthquake damaged buildings or structures, it is necessary to
exempt such buildings and structures from compliance with certain
current building or zoning codes.
SECTION 8. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section 615 of the
Santa Monica City Charter. It is necessary for preserving the
public peace, health and safety, and the urgency for its adoption
is set forth in the findings above.
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SECTION 9. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 10. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 11. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
5
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CA:F:\MUNI\LAWS\JL\QUAKE.RES
City council Meeting 1-18-94
Santa Monica, California
RESOLUTION NUMBER 8711 (CCS)
CITY COUNCIL SERIES
A RESOLUTION OP THE CITY COUNCIL
OP THB CITY OF SANTA HONlCA DECLARING
THB EXISTENCE OP A LOCAL EMERGENCY
WHEREAS, on January 17, 1994, an earthquake struck Southern
California causing severe damage within the City of Santa Monica;
WHEREAS, on January 17, 1994, as a result of the earthquake
the City'S Director of Emergency services issued a declaration of
local emergency;
WHEREAS, on January 17, 1994, as a result of the earthquake a
state of emergency was declared in the County of Los Angeles by the
federal, state and county governments;
WHEREAS, as a result of the earthquake a state of local
emergency continues to exist within the city of Santa Monica.
NOW, THEREFORE, the City Council of the City of Santa Monica
does resolve and proclaim as follows:
SECTION 1. The City Council declares that a state of local
emergency exists within the City of Santa Monica.
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SECTION 2. The City Council directs the Director of Emergency
Services or his or her designee to take such actions as are
appropriate to the fullest extent provided by federal, state and
local law, to protect the pUblic health, welfare, safety and
property of the residents of the city of Santa Monica.
SECTION 3. The City Council further authorizes the Director
of Emergency Services or his or her designee to negotiate or
execute such contracts, agreements, applications or other documents
with such other federal, state or local agencies or other groups
and organizations as are necessary to provide to obtain emergency
aid, assistance or services to the city of Santa Monica.
SECTION 4. A copy of this Resolution shall be forwarded to
the State Director of the Office of Emergency Services with a
request that he or she find it acceptable.
SECTION 5. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~, rill J2~
~II LA~C"""E
( ~~~~~~ City Attorney
"
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Adopted and approved thIs 18th day of January, 1994
} ~a4r
I hereby certIfy that the foregoing Resolution No. 8711 (CCS) was duly adopted at a
meetIng of the City CouncI118th day of January, 1994 by the following vote:
Ayes: Councilmembers'
Noes. Councilmembers:
Abstam Councilmembers:
Absent. Councilmembers
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem.
V tlzquez
None
None
None
A TrEST:
~~.~i2~
City Clerk
.
rt/P-- t??J3--o/ e
EMERGENCY ORDER NUMBER 1
Pursuant to the Emergency Proclamation lssued by the Dlrector
of Emergency SerVlces of the City of Santa Monica dated January 17,
1994, and pursuant to Munlcipal Code Sectlon 2.16.060, the Dlrector
of Emergency Servlces does adopt the following rules and
regulatlons .
SECTION 1. A curfew is 1mposed from dusk to dawr. durlng which
no person shall be ln any publlC place in the City of Santa MODlca
unless as follows:
(a) When the presence of such person 1n a public place 1S
necessary to go to or from the person's home.
(b) When the presence of such person in a public place 1S
connected wlth or required wlth respect to such person's buslness,
trade, profession, occupatlon, or employment in WhlCh the person is
lawfully engaged
(c) When the presence of such person ln a public place is
~ecessary to go to or from a lawful publ1C meet1ng or place of
worship
A person ln any publlC place during such period may be stopped
and questloned by any law enforcement officer to determlne whether
or not such person is in co~pllance with thlS curfew.
For purposes of this curfew, public place shall include
streets, sldewalks, parks, beaches, parking lots whether publlCly
or privately owned, and any other place in the C1ty of Santa Monica
which is not fully enclosed.
SECTION 2. These restY'lct1ons shall not apply to peace
officers, flref1ghters, emergency operat1ons organizatlons
personnel, and nat10nal guard or other mllitary personnel
SECTION 3. These restrlctlons shall be effectlve lmmediately
and shall remaln In force and effect until rescinded by either the
City Councll or Director of Emergency Servlces.
SECTION 4 Any vlolatlon of these restrictions shall
constitute a vlolation of MUTIlcipal Code Sectlon 2 16.100
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SECTION 5. The followlng finds support thlS Emergency Order
Number 1: Government Code Seetlon 8634 empowers the Clty Council
or delegated offlclals to provide rules or regulations to protect
zhe publlC, lncludlng adoption of a curfew. A local emergency has
been proclalmed and it is extrewely difflcult to preserve public
safety. This order 1S necessary to protect publlC safety because
of the imminent danger to 11fe and property, partlcularly durlng
the hours of darkness
~ATE: January 17, 1994
~~ S'.SD\>~
JO~~
Director of Emergency Services
CQ AI.?
JOSfX:>H-L~ENCE
ACTING CITY ATTORNEY
a: \ orderl
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CA:JL:
City Council Meeting
.~ MeJ(~~ &)((~'<-
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? CtJ..- t:/t/"'3- 0/
Santa Monica, California
RESOLUTION NUMBER
(city council Series)
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A RESOLUTION OF THE ,.cI'rll COUNCIL OF THE CITY OF
SANTA MONICA PROCLAIMING THE EXISTENCE
A LOCAL EMERGENCY
of thjlCity of Santa Monica ~rr
e~ency mee 'ng of the 1t; Counc
prior tel noticenand,
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to proc;taim eX1sten
I
emerg~cy when
. ts the City
WHEREAS,
least one hour
circumstances,
e of a local
pUblic calamity
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is \~ffected or ~JxelY to be a
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e city ~~ncil is not in session; and
notice has b~an given; and
by a
WHEREAS, Ordinance Number 1104 (CCS) of the City of Santa
Monica empowers the city councilor the Director of Emergency
services to proclaim the existence or threatened existence of a
local emergency when said City is affected or likely to be affected
by a public calamity and the city council is not in session; and
WHEREAS, the '1 ~ the City of Santa Monica does
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hereby find that conditions 0 extreme peril to the safety of
within said City, caused by
,
persons and property have o/is
rioting, fires, and looting, and that
, "
activities are found to
.
.
constitute a crippling disaster which severely impairs the public
health, safety, and welfar~ 2 t'~"1~ tekV~
NOW, THEREFORE, TH~Trnu ~OJRd. l, OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. A local emergency now exists throughout the city
of Santa Monica.
SECTION 2. During the existence of said local emergency the
powers, functions, and duties of the emergency organization of this
city shall be those prescribed by state law, by charter and
ordinances of this City, by resolutions of this City, and by the
city of Santa Monica Emergency Plan.
SECTION 3. A copy of this Resolution shall be forwarded to
the State Director of the Office of Emergency Services with a
request that he or she find it acceptable.
SECTION 4. The city Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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SEPH.J LAWRENCE
~ing city Attorney
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CA:F:\MUNI\LAWS\JL\EMERGNCY.ORD
city council Meeting 1-18-94
Santa Monica, California
EMERGENCY ORDER NUMBER 3
WHEREAS, on January 17, 1994, a declaration of local emergency
was issued by the Director of Emergency Services of the City of
Santa Monica,
WHEREAS, pursuant to the declaration of local emergency on
January 17, 1994, a dusk to dawn curfew order was announced.
NOW, THEREFORE, the Director of Emergency Services of the City
of Santa Monica does proclaim as follows:
1. The Director of Emergency Services terminates the curfew
order dated January 17, 1994 effective immediately.
Dated: January 18, 1994.
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JOHN-JALILI
Director of Emergency Services
APPROVED AS TO FORM:
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J SErtI LAWRENCE
cting City Attorney
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