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SR-6-G (67) (p- G - MAR 2 2 1994 CA:f:atty\muni\strpts\emergncy City Council Meeting 3-22-94 Santa Monica, California STAFF REPORT TO: Mayor and city Council FROM: City Attorney SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY The accompanying resolution continues the declaration of the existence of a local emergency. This will continue the previously adopted resolution. RECOMMENDATION It is respectfully recommended that the accompanying resolution be adopted. PREPARED BY: Marsha Jones Moutrie, city Attorney Joseph Lawrence, Assistant City Attorney ~-G MAR 2 2 199'1 . ',- CA:F:ATTY\MUNI\LAWS\JL\QUAKE.RES City Council Meeting 3-22-94 Santa Monica, California RESOLUTION HUMBER 8737(CCS) CITY COUNCIL SERIES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA HONleA OECLARIBG THB EXISTENCE OP A CONTINUING LOCAL EKERGENCY 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 continues to exist within the City of Santa Monica. SECTION 2. The City Council directs the Director of Emergency Services or his or her designee to take such actions as 1 . . . . ~ .. 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 or to obtain emergency aid, assistance or services to the city of Santa Monica and to contract for the immediate expenditure of public funds to safeguard life, health or property, including when necessary to protect public health and safety to expedite, including, but not limited to shortening all required notice periods, or waive competitive bidding procedures for pUblic works and other City projects. 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: City 2 ~-, ~,.. ~~". S'> .' :-,?ii;{;;'~;;; ~ 7<* .', ......- .... ~ '~~..~.._~_ '.r,_~-.,..T~ ~~r'"; u-" ~.$~.L:".-~~,....r....~~ . .. . ' . ~ ~ . '>. ';:.~. ,'~ /~A .--:;,. ~1i '.,.. L "'4- ,7 'E. . ~~ ~~~",-~.."" !.' ",;,,,,, -':-' .,-;: ~ :~~: ~ ., ~ ~ ~.. .~.r- -:. -00- _ <~ ,'. "'" - .., i"-_ r, ~.:: -~~ "';;:; ~ ;s::=..: -.._ ;_~ ~.. -. T_..... _ F . . . . Adopted and approved this 22nd day of March, 1994. Q && V~ayor I hereby certIfy that the foregomg ResolutIon No 8737 (CCS) was dilly adopted at a meetmg of the CIty Councll held on the 22nd day of March. 1994 by the followmg vote: Ayes CouncIlmembers Abdo, Genser, Greenberg, Olsen, Rosenstem, Vazquez Noes CouncIlmembers Abstam CouncIlmembers: Absent. CouncIlmembers Holbrook A TrEST ~~/~~ ____ City ClerIC ATTACHMENT D , // ' 00022 - . ~ emergency landing without undue hazard to persons or property on the surface. This regulation leaves the minimum altitude required entirely at the discretion of the pilot. Most helicopter pilots operate their aircraft well above 500 feet above ground level (AGL) but some disregard the community below and operate at very low altitudes The change proposed by staff would provide a minimum altitude of 500 feet AGL for helicopters operating over populated areas. A definite altitude would mitigate noise for persons on the ground, improve the safety for the helicopter pilot and provide the FAA with greater enforcement capability for those operators below the 500 foot minimum. The proposed language for FAR Part 91.119 Minimum Safe Altitudes for helicopters is as follows: Part 91.119 Minimum Safe Altitudes - General Except when necessary for takeoff or landing no person may operate a helicopter below the following altitudes: a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. b) Over Congested Areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 500 feet above the highest obstacle within a ~orizontal radius of 2,000 feet of the aircraft. c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. - , .. > y .. Budaetarv/Financial Imoact. - - There is no budgetary/fiscal impact from this action. RecommendA.tion Staff recommends that the City Council: (1) Authorize the City Manager to file a petition for a NPRM to provide a minimum altitude of 500 feet above ground level for helicopters operating over populated areas. (2 ) Direct staff to advocate the rule change and further to solicit other local governments and the California League of Cities to write letters supporting the City's NPRM to minimize the noise 1mpact of helicopters on the community Prepared: Timothy A Walsh, Airport Manager Jeffrey P Math:..eu, Director Resource Management staff report/nprm ~~