SR 07-13-2021 3A
City Council Report
City Council Meeting: July 13, 2021
Agenda Item: 3.A
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To: Mayor and City Council
From: George Cardona, Interim City Attorney, City Attorney's Office, Municipal Law
Subject: Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and
Supplements
Recommended Action
Staff recommends that Council adopt the proposed resolution ratifying the Executive
Order issued by the Director of Emergency Services declaring the existence of a local
emergency in the city of Santa Monica and the Supplements to that Order.
Executive Summary
In response to Federal, State and County official and health agency guidance, on
behalf of the City, the City Manager declared a Local Emergency on March 13,
2020 due to the COVID-19 global pandemic. Council initially ratified the
Proclamation of Local Emergency on March 19, 2020 and re-ratified it on April 6,
April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October
27, and December 15, 2020, and January 26, March 23, and effective May 22,
2021. As the City’s Director of Emergency Services, the City Manager has issued
a total of 38 supplements to the Executive Order, with specific regulations and
policies to protect the health and safety of Santa Monica residents, workers,
businesses and visitors. All supplements to the Executive Order must be ratified
by the City Council as soon as practicable, and the need for continuing the local
emergency must be reviewed by the City Council at least every sixty days. This
staff report recommends re-ratifying the Proclamation of Local Emergency, as well
as re-ratifying all of the previously ratified supplements that remain in effect and
the three additional supplements that have been issued but not yet ratified.
Discussion
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The novel coronavirus (“COVID-19”) has spread across the globe since the first cases
were reported in January 2020. The Centers for Disease Control and Prevention stated
that certain populations were at particular risk from COVID-19 and that widespread
transmission would result in large numbers of people needing medical care at the same
time, affecting our healthcare systems and other critical infrastructure. The World Health
Organization (WHO) described the outbreak as a “public health emergency of
international concern” on January 30, 2020. Thereafter, the virus spread from China to
every continent but Antarctica.
In response, federal, state and local authorities began to take action. On March 4,
Governor Newsom declared a state of emergency to make additional resources
available, formalize emergency actions already underway and help the State prepare for
the broader spread of COVID-19. That same day, the Los Angeles County Board of
Supervisors and Department of Public Health declared a local emergency and local
public health emergency to aid the regional healthcare and governmental community in
responding to COVID-19. WHO upgraded COVID-19 to a pandemic on March 11, 2020.
On March 13, the City of Santa Monica issued a local emergency proclamation in
response to the COVID-19 public health emergency (Exhibit A) and on March 14 a
revised local emergency proclamation to comport with all digital signature requirements
(Exhibit B). The proclamation enhanced the City’s ability to access federal and state
dollars for COVID-19 response.
On March 19, the Council ratified the declaration of local emergency, along with five
supplements to the emergency proclamation to:
• place a temporary moratorium on evictions for non-payment of rent by residential
and commercial tenants impacted by COVID-19 and to prohibit Ellis Act evictions
during the local emergency - First Supplement as revised, issued March 18
(subsequently superseded and replaced by the Fifth Revised First Supplement);
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• close the Pier to the general public – Second Supplement, issued March 15
(subsequently superseded and replaced by the Third Revised Eighteenth
Supplement);
• close dine-in restaurants, bars, movie theaters, gyms and fitness centers, and
businesses providing physical and beauty services, such as spas and hair salons
– Third Supplement, issued March 16 (subsequently superseded and replaced
by the Seventeenth Supplement);
• permit public safety facilities, hospitals, clinics, and emergency shelters in all
zoning districts, extend interim zoning ordinances, and suspend preferential
parking rules and parking citations for street sweeping - Fourth Supplement, as
revised, issued March 17 (portions subsequently superseded and replaced by
the Fifteenth and Third Revised Eighteenth Supplements; other portions
superseded by Emergency Ordinances adopted on June 8 and not extended by
the Thirty-Seventh Supplement); and
• implement rear-door boarding and suspend customer fees on the Big Blue Bus;
suspend discontinuation or shut-off of water services for residents and
businesses; suspend late payment penalties for water, sewer, parking, refuse,
and recycling, CUPA, and Fire Prevention inspection bills and fees; suspend late
payment penalties for Transient Occupancy Taxes, Utility User Taxes, and
Parking Facility Taxes; suspend parking restrictions in green zones; suspend
vehicle towing for abandoned vehicles, expired registrations, and delinquent
parking citations; and suspend penalty assessments related to business licenses
and business improvement districts - Fifth Supplement, as revised, issued March
18 (portions not extended by the Nineteenth, Thirty-Fifth, Thirty-Sixth, and Thirty-
Seventh Supplements, and portions subsequently superseded and replaced by
the Twenty-Sixth Supplement).
On April 6, the Council again ratified the declaration of local emergency, along with the
original five supplements and five additional supplements to:
• suspend labor negotiations scheduled to occur so that the City may assess the
financial impacts of COVID-19 prior to engaging in collective bargaining; suspend
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various human resources processes in order to decrease in-person meetings and
enable effective emergency response, including suspending requirements
associated with the administration of competitive examinations and the
appointment of individuals from eligibility lists; suspend certain requirements and
minimum qualifications associated with the appointment of temporary, limited-
term, and as-needed employees; and state that certain additional appointments
will be subject to a probationary period - Sixth Supplement, issued March 20
(subsequently not extended by the Thirty-Seventh Supplement);
• align City requirements and regulations with a California Department of Alcoholic
Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants
and retailers holding valid ABC licenses to sell alcoholic beverages for off-site
consumption via delivery and take-out – Seventh Supplement, issued March 21
(subsequently superseded and replaced by the Thirtieth Supplement) ;
• adopt as rules and regulations of the City the Governor’s “Stay at Home Order”
and the Los Angeles County Department of Public Health’s “Safer at Home
Order” and any successors thereto; make clear that, should the two conflict, the
stricter order shall apply; and authorizing the City to issue administrative citations
to enforce this and previously issued supplements to its emergency declaration –
Eighth Supplement, issued March 22;
• close certain City facilities; waive late payment fees for City leases and licenses
during the effective period of the order; suspend rent payments for City tenants
on the Santa Monica Pier for the month of April; suspend outdoor dining licenses
and outdoor dining license payments for City licensees for the month of April;
grant the Director of the Department of Housing and Community Development
discretion to suspend additional rent or license payments for the month of April
for City tenants and licensees whose operations have been closed pursuant to
emergency orders issued by the City, the County of Los Angeles Department of
Public Health, or the Governor of California; authorize the City to delay
responses and productions of records in response to public record requests
under specified circumstances; and extend by one month Santa Monica Fire
Department annual permits of operation set to expire on May 1, 2020 – Ninth
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Supplement, issued March 27 (portions subsequently superseded and replaced
by the Third Revised Eighteenth Supplement and Twenty-Sixth Supplement, and
portions not extended by the Thirty-Seventh Supplement); and
• require the following of all construction projects: (a) handwashing facilities or
hand sanitizer to be installed at entrances to construction projects, (b) shared
tools and equipment to be sanitized, (c) posting signage instructing workers of
the social distancing and sanitation requirements and entrance limitations for ill
workers or those in recent close contact with someone diagnosed with COVID-
19, and (d) workers not to gather in groups larger than three during breaks and to
maintain a six-foot social distance during such breaks; direct that, if construction
is taking place within an occupied residential building, steps must be taken to
minimize contact with areas within the building but not within the construction site
and to clean and sanitize those areas regularly; authorize the Building Officer to
issue a stop work order at any construction site operating in violation of the
Governor’s “Stay at Home” Order, the County Department of Public Health’s
“Safer at Home” Order or the requirements of the supplement; and authorize the
City to enforcement these provisions through the issuance of administrative
citations – Tenth Supplement, issued April 1 (not extended by the Thirty-Seventh
Supplement).
On April 14, the Council again ratified the declaration of local emergency and
supplements two through ten, and ratified a second revision to the first supplement and
one additional supplement to:
• require workers and customers at covered businesses (including but not limited
to grocery stores, farmers markets, restaurants, hardware stores, transportation
providers, and plumbing and similar businesses) to wear face coverings, and
encourage but not require all residents of the City to wear face coverings when
they go outdoors to obtain essential services and goods – Eleventh Supplement,
issued April 8 (subsequently superseded and replaced by the First Revised
Twentieth Supplement); and
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• broaden the eviction moratorium by requiring landlords, beginning April 24, to
provide tenants with notice of the eviction moratorium in specified ways;
preventing landlords from evicting residential tenants in any no-fault eviction or
based on the presence of unauthorized occupants or pets or nuisance related to
COVID-19 unless the nuisance endangers or impairs the health or safety of a
tenant or other persons in the vicinity of the premises or causes or threatens to
cause substantial damage to the premises; and preventing landlords from using
the eviction process to seek rent delayed by the moratorium if the landlord has
already obtained compensation for the unpaid rent, through federal or state
government relief funds or other programs that provide such compensation; and
increasing the maximum civil penalty for landlords who violate the City’s Tenant
Harassment Ordinance during the moratorium period from $10,000 to $15,000 –
Second Revised First Supplement, issued April 8 (subsequently superseded and
replaced by the Fifth Revised First Supplement).
On May 12, the Council again ratified the declaration of local emergency and
supplements two through eleven, and ratified a third and fourth revision to the first
supplement and two additional supplements to:
• suspend deadlines for reviewing and acting on planning applications, exercising
rights under planning entitlements, and expiration of building permits; permit
lodging establishments operating as hotels and motels under City zoning rules to
allow stays of greater than 30 days; and waive the City’s rule barring employees
from accepting gifts of any sort to allow City first responders and disaster workers
to take advantage of City-approved public or private discount, specials, and
subsidies programs – Twelfth Supplement, issued April 24 (portions
subsequently superseded and replaced by the Second Revised Eighteenth
Supplement and portions not extended by the Thirty-Seventh Supplement);
• extend the eviction moratorium to June 30 and further modify it to: limit the
commercial tenants subject to the protections of the order to exclude
multinational companies, public companies, and companies with more than 500
employees; make clear that notice and documentation that indicates any loss of
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income or increase in expenses due to COVD-19 is sufficient to trigger the
moratorium on eviction for non-payment of rent due to financial impacts related to
COVID-19, and that a statement written by the tenant in a single communication
may constitute both notice and documentation; and extend the protection against
eviction based on rent unpaid due to financial impacts related to COVID-19 from
6 to 12 months – Third Revised First Supplement, issued April 30;
• restate the eviction moratorium and modify it to: define a set of “non-retail
commercial tenants” consisting of commercial tenants, other than non-profits,
that are tenants in an office building, do not collect sales tax on greater than 50%
of their revenue, and do not provide medical, dental, veterinary, fitness,
educational, or child, marriage, family, mental health, or substance abuse
counseling services; specify that, for non-retail commercial tenants, the
protection against eviction will extend only for 30 days after the expiration of the
Order; and specify that, with respect to rent unpaid due to financial impacts
related to COVID-19, landlords may not charge residential tenants interest on
that unpaid rent for a period of 12 months following the expiration of the Order,
may not charge commercial tenants (other than non-retail commercial tenants)
interest on that unpaid rent for a period of 90 days following the expiration of the
Order, and may not charge non-retail commercial tenants interest on that unpaid
rent during the duration of the Order – Fourth Revised First Supplement, issued
May 8 (subsequently superseded and replaced by the Fifth Revised First
Supplement); and
• add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were
working in Santa Monica prior to March 1, 2020, but lost employment due to
COVID-19 related reasons; in accordance with the Governor’s Executive Order
suspending similar state law provisions, suspend SMMC 5.45.020 and 5.45.030
to the extent they prohibit retail establishments from providing without charge
reusable grocery bags or recycled paper bags or single-use plastic carryout bags
to customers at point of sale; further extend to July 1, 2020 the expiration of Fire
Department annual permits of operation; and limit to between the hours of 10:00
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am and 3:00 pm on weekdays the conduct of certain loud construction activities,
including cement cutting or grinding, sandblasting, and the use of pile drivers,
jackhammers, or pavement breakers, at construction projects other than public
works construction – Thirteenth Supplement, issued May 8 (portions not
extended by the Nineteenth Supplement).
On May 26, 2020, the Council again ratified the declaration of local emergency, the
fourth revised first supplement, and supplements two through thirteen, and ratified three
additional supplements to:
• extend the effective dates of the Fourth Revised First, Second, Third, Revised
Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
and Thirteenth supplements to June 30, 2020, or any later date expressly stated
within the text of an individual supplement; and require all persons leaving their
residences for the limited purposes allowed by the County Department of Public
Health’s Safer at Home Order to strictly comply with the social (physical)
distancing requirements stated in that Order or County Department of Public
Health guidance or protocols, including in particular the requirement that cloth
face masks must be worn whenever there is or may be contact with others who
are non-household members, including while engaging in permitted outdoor
activities other than water activities – Fourteenth Supplement, issued May 14
(subsequently superseded and replaced by the Nineteenth and First Revised
Twentieth Supplements);
• authorize enforcement of preferential parking rules to resume in Zone 3 only
beginning May 22, 2020 and authorize street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking
prohibitions for street sweeping during the days and times indicated, but only
during the first full week of each month, which is when the street sweeping will
occur – Fifteenth Supplement, issued May 15 (portions not extended by the
Nineteenth and Thirty-First Supplements); and
• authorize specified Boards, Commissions, and other appointed bodies to resume
limited meetings, to be conducted remotely pending further order, for the purpose
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of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code; and impose, effective May 26, 2020,
a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants
by third-party food delivery companies – Sixteenth Supplement, issued May 19
(portions not extended by the Thirty-First and Thirty-Seventh Supplements).
On June 9, 2020, the Council again ratified the declaration of local emergency, the
fourth revised first supplement, and supplements two and four through sixteen, and
ratified two additional supplements to:
• supersede and replace the Third Supplement to specify that closures and re-
openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the
event of conflict and continue to exempt trucks and other vehicles that deliver
grocery items to grocery stores from limitations on delivery hours – Seventeenth
Supplement, issued May 29, 2020 (portions not extended by the Thirty-Seventh
Supplement); and
• Authorize temporary outdoor dining extensions to adjacent sidewalk and/or
adjacent parking, courtyard, or other private open space owned by the
restaurant, for restaurants that open for in-house dining pursuant to the safety
protocols required by the County safer at home order; supersede and replace
Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the
Twelfth Supplement to extend for two years the deadlines for planning, review,
and permit-related actions; and supersede and replace Sections 3 through 6 of
the Ninth Supplement to waive and suspend late payment fees, rent payments by
City tenants on the Santa Monica pier, and outdoor dining license payments for
the months of April, May, and June 2020, and authorize the implementation of a
rent deferment program for City commercial tenants whose operations have been
closed or significantly restricted by COVID-19 emergency orders – Eighteenth
Supplement, issued May 29, 2020 (subsequently superseded and replaced by
the Third Revised Eighteenth Supplement).
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On June 23, 2020, the Council again ratified the declaration of local emergency, the
second supplement, and supplements four through seventeen, and ratified two
additional revised supplements to:
• modify, and supersede and replace, the eighteenth supplement by extending the
authorization for temporary outdoor dining to adjacent private spaces not owned
by a restaurant and sidewalk areas in front of adjacent buildings, both with the
consent of the owner; and adding authorizations for the Finance Director to grant
extension of the delinquency date for business license renewals by two months
from September 1 to November 1, 2020 -- First Revised Eighteenth Supplement,
issued June 5, 2020 (subsequently superseded and replaced by the Third
Revised Eighteenth Supplement); and
• supersede and replace the fourth revised first supplement to modify the eviction
moratorium; tor residential tenants, the supplement extends the period for which
unpaid rent will be subject to the existing eviction moratorium through July 31,
2020; for commercial tenants, the supplement substantially modifies the eviction
moratorium:
o The supplement defines three categories of commercial tenants, each of
which receives varying protections.
o The protections provided by the supplement do not apply to a commercial
tenant 3, which the supplement defines as a commercial tenant, other
than a non-profit, that is: (1) a publicly traded company; (2) a business that
(together with its affiliates) employees more than 100 employees, has
average annual gross receipts of more than $15 million over the previous
three years, or has business operations, other than sales conducted solely
through online channels, in three or more countries; or (3) is a business
that receives a guarantee of rent from one of the first two types of
businesses. Any protections a commercial tenant 3 may have received
under prior versions of the supplement terminate as of June 30, 2020,
meaning that a commercial tenant 3 will need to repay any unpaid rent by
June 30, 2020.
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o The protections provided by the supplement also do not apply to a
commercial tenant 2, which the supplement defines as a commercial
tenant (other than a commercial tenant 3) in office work space that is not a
non-profit, does not collect sales tax on greater than 50% of its revenue,
does not provide medical, dental, veterinary, fitness, educational, or child,
marriage, family, mental health, or substance abuse counseling services,
and does not use the office work space to engage primarily in a
“substantially limited business.” The supplement defines a substantially
limited business by reference to County public health orders as: (1)
restaurants, retail business, hair salons and barbershops, fitness facilities,
and museums, galleries, and other exhibition spaces that closed or
substantially limited their operations as required by the County Safer at
Home orders and whose reopening remains subject to substantial
limitations as the result of protocols imposed by the County’s June 11
Reopening Order; and (2) higher-risk businesses that remain closed as
required by the County’s June 11 Reopening Order. Any protections a
commercial tenant 2 who provided the required notice and documentation
may have received under prior versions of the supplement are extended to
July 31, 2020, but terminate as of that date, meaning that a commercial
tenant 2 will need to repay any unpaid rent by, at the latest, August 31,
2020; and
o For a commercial tenant 1, which the supplement defines as any
commercial tenant other than a commercial tenant 2 or 3, the Order
extends the period for which unpaid rent is subject to the existing eviction
moratorium through July 31, 2020. The supplement also changes the
documentation requirements for a commercial tenant 1 not engaged in a
substantially limited business (as defined above), requiring that, to qualify
for the protections of the supplement going forward, the tenant submit
documentation to establish that, as a result of COVID-19, the tenant has
suffered a substantial loss of income or substantial increase in expenses
that has materially negatively affected the tenant’s ability to pay rent.
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o The supplement also encourages landlords and commercial tenants to
negotiate modifications to rental agreements and payment plans to
accommodate changed economic circumstances of commercial landlords
and tenants arising from the financial impacts of COVID-19.
See Fifth Revised First Supplement, issued June 17, 2020.
On July 14, 2020, the Council again ratified the declaration of local emergency, the fifth
revised first supplement, the revised fourth and revised fifth supplements, supplements
six through ten, supplements twelve and thirteen, and supplements fifteen through
seventeen, and ratified four additional supplements to:
• modify the First Revised Eighteenth Supplement to: supersede and replace the
Second Supplement that closed the Pier, permitting the Pier to begin a phased
reopening subject to conditions to ensure social distancing as of June 24, 2020;
extend the suspension of outdoor dining license payments for City licensees
through August 2020; extend the deadline for applications for extensions of the
delinquency date for business license renewals to August 31, 2020; extend the
authorization for temporary dining to adjacent private spaces not owned by the
restaurant and to sidewalks in front of adjacent buildings with the consent of
either the owner or tenant; extend the authorization for temporary dining to areas
of the Pier to be specified by the Director of Economic Development subject to
specified conditions and any additional regulations; extend the authorization for
temporary dining to portions of the sidewalk or roadway in the Third Street
Promenade to be specified by the Director of Economic Development subject to
specified conditions and any additional regulations; authorize the temporary use
by businesses of adjacent sidewalks, adjacent private outdoor space, and areas
of the Pier to be specified by the Director of Economic Development for business
activities other than temporary dining, subject to specified conditions and any
additional regulations; authorize restaurants and other businesses to establish
temporary parklets for business activities and outdoor dining in on-street parking
and loading spaces adjacent to the restaurant or business, subject to specified
conditions, specified design and safety specifications, and any additional
regulations; and specify that for compliance with certain specified mandatory
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seismic retrofitting requirements, the two-year extension for planning, review, and
permit-related actions applies only if an application was pending as of March 13,
2020 or submitted between March 13, 2020 and the expiration of the Order --
Second Revised Eighteenth Supplement, issued June 23, 2020 (subsequently
superseded and replaced by the Third Revised Eighteenth Supplement);
• extend the effective dates of the Fifth Revised First, Revised Fourth, Revised
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth,
Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth
Supplements to July 31, 2020, or any later date expressly stated within the text of
an individual supplement; specified exceptions permitted impositions of late
payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility
Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for
violations of the California Vehicle Code relating to abandoned vehicles to
resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica
Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags
to customers at the point of sale without charge to expire as of July 1, 2020;
Santa Monica Fire Department annual permits of operation to expire as of July 1,
2020; and issuance of parking citations associated with street sweeping to
resume as of July 1, 2020 -- Nineteenth Supplement, issued June 29, 2020;
• supersede and replace the eleventh and fourteenth supplements to, in
accordance with the County Safer at Home Orders and the California
Department of Health’s recent Guidance for the Use of Face Coverings, set out
specifics regarding the requirement that all individuals wear face coverings
whenever they leave their place of residence and are or may be in in contact with
non-household members in both public and private spaces; set out exemptions
from the face covering requirement; specify that business operators may refuse
admission or service to any person who fails to wear a face covering as required
or to comply with social distancing requirements imposed by the County Safer at
Home orders; and authorize administrative citations with specified administrative
fines for both individuals and businesses -- Twentieth Supplement, issued July 1,
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2020 (subsequently superseded and replaced by the Revised Twentieth
Supplement); and
• supersede and replace the Twenty-First Supplement (issued July 8, 2020) to
reduce the potential COVID-19 risks posed by the need to gather original
nominating signatures by reducing the required number of nominating signatures
for candidates in the November 3, 2020 general municipal election from 100 (as
required under Santa Monica Municipal Code Section 11.04.010) to 60 and
waiving the $1 fee for each set of nomination papers over the first two sets –
Revised Twenty-First Supplement, issued July 9, 2020 (subsequently
superseded and replaced by the Second Revised Twenty-First supplement).
On July 28, 2020, the Council again ratified the declaration of local emergency, the fifth
revised first supplement, the revised fourth and revised fifth supplements, supplements
six through ten, supplements twelve and thirteen, supplements fifteen through
seventeen, the second revised eighteenth supplement, and the nineteenth supplement,
and ratified three additional supplements, two of which superseded and replaced earlier
supplements, to:
• supersede and replace the Revised Twenty-First Supplement to further reduce
the required number of nominating signatures for candidates in the November 3,
2020 general municipal election from 100 (as required under Santa Monica
Municipal Code Section 11.04.010) to 30 and waive the $1 fee for each set of
nomination papers over the first two sets – Second Revised Twenty-First
Supplement, issued July 10, 2020;
• supersede and replace the Twentieth Supplement to further clarify the
requirement that all persons must wear face coverings whenever they leave their
place of residence and are or can be in contact with or walking near or past
others who are non-household members in both public and private spaces,
including, but not limited to, walking through common areas such as hallways,
stairways, elevators, and parking facilities; clarify that having a face covering
visible and immediately ready to put on whenever within 30 feet of another non-
household member is intended to satisfy the face covering requirement when
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walking, running, biking, or otherwise exercising or moving in outdoor areas such
as sidewalks, parks, paths, and trails; and add provisions permitting limited
inquiries to those asserting exemptions from the face covering because of
medical condition, mental health condition, or disability to prevent fraudulent
assertions of such exemptions – First Revised Twentieth Supplement, issued
July 15, 2020 (subsequently superseded and replaced by the Thirty-Sixth
Supplement); and
• extend the eviction moratorium for residential tenants implemented by the Fifth
Revised First Supplement to September 30, 2020, and extend the eviction
moratorium for commercial tenants implemented by the Fifth Revised First
Supplement to August 31, 2020 – Twenty-Second Supplement, issued July 15,
2020.
On September 8, 2020, the Council again ratified the declaration of local emergency,
the fifth revised first supplement, the revised fourth and revised fifth supplements,
supplements six through ten, supplements twelve and thirteen, supplements fifteen
through seventeen, the nineteenth supplement, the first revised twentieth supplement,
the second revised twenty-first supplement, and the twenty-second supplement, and
ratified three additional supplements, one of which superseded and replaced an earlier
supplement, to:
• subject to the exceptions stated in Section 2 of the Nineteenth Supplement,
extend the effective dates of the Fifth Revised First, Revised Fourth, Revised
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth,
Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements to
August 31, 2020, or any later date expressly stated within the text of an individual
supplement – Twenty-Third Supplement, issued July 28, 2020.
• supersede and replace the prior versions of the Eighteenth Supplement to
authorize the specified uses of public and private outdoor spaces through the
duration of LA County’s Safer at Home Order, plus an additional 30 days, so long
as businesses either enter into an encroachment agreement with or obtain a
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permit from the City; allow the City to assess a monthly fee for the use of space
in the public right-of-way after November 1, 2020, with 30 days’ notice provided
to businesses; authorize the use of canopies and propane heaters in private and
public outdoor spaces in compliance with specified guidelines; permit tables and
chairs to be left secured outside the business overnight and so long as there is at
least five (5) feet of unobstructed access on the sidewalk; set standards for
decks in both parklets and private property used for outdoor business; require
that any structures put in place in any parklet be brought into compliance with the
deck standards in the Third Revised Eighteenth Supplement and that any
structures for outdoor business activity on private property be brought into
compliance with the deck standards or other applicable building standards; set
fines for violations of conditions for operating in the public right-of-way and in
private outdoor spaces through administrative citations to be issued by Code
Enforcement; and authorize the Director of the Community Development
Department to enter into temporary license agreements to permit the temporary
use of portions of certain public parking facilities or the Santa Monica Pier, as
designated by the Director, for temporary use by gyms and fitness
establishments – Third Revised Eighteenth Supplement, issued August 22, 2020
(portions subsequently superseded and replaced by the Twenty-Eighth
Supplement and June 8, 2021 Emergency Ordinances, and portions not
extended by the Thirty-Seventh Supplement).
• make it a strict liability offense punishable as a misdemeanor or by administrative
citation for any responsible person to conduct a gathering of 20 or more natural
persons who are not part of a single household or living unit at a residence or
other private property; extend the eviction moratorium for commercial tenant 1s,
as defined in the Fifth Revised First Supplement, through September 30, 2020;
subject to the exceptions specified in the Nineteenth and Twenty-Third
Supplements, extend the effective dates of the Fifth Revised First, Revised
Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First
Revised Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-
Third Supplements to September 30, 2020, or any later date expressly stated
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within the text of an individual supplement; and extend the suspensions of the
discontinuation or shut off of water service for non-payment of water or sewer
bills and of late payment penalties for unpaid or delinquent water and/or sewer
bills and refuse and recycling collections bills, as originally implemented by
Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December
31, 2020 – Twenty-Fourth Supplement, issued August 24, 2020 (portions not
extended by the Thirty-Seventh Supplement).
On October 27, 2020, the Council again ratified the declaration of local emergency, the
fifth revised first supplement, the revised fourth and revised fifth supplements,
supplements six through ten, supplements twelve and thirteen, supplements fifteen
through seventeen, the third-revised eighteenth supplement, the nineteenth
supplement, the first revised twentieth supplement, the second revised twenty-first
supplement, and supplements twenty-two through twenty four, and ratified three
additional supplements that:
• permitted the Housing Commission and Architectural Review Board to conduct
certain meetings for identified purposes – Twenty-Fifth Supplement, issued
September 10, 2020.
• superseded and replaced Section 1 of the Ninth Supplement to permit some
events, activities, programs, and gatherings scheduled in City facilities by permit
or license if they are permitted by and will be conducted in accordance with all
requirements of the County Safer at Home Order; authorized the Director of the
Community Services Director to implement guidelines and regulations to permit
the use of City sites for drive-in movie theaters, vehicle-based parades, concerts,
and other events to the extent permitted by and conducted in accordance with all
requirements of the County Safer at Home Order; extended the City’s
moratorium on evictions of residential tenants for reasons other than nonpayment
of rent through December 31, 2020; extended the eviction moratorium for
nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised
First Supplement) through December 31, 2020, subject to the requirement that
for rent due after September 30, 2020, except for rent due for periods in which
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the commercial tenant 1’s business remains closed because the County Safer at
Home Order requires it to remain closed, the commercial tenant 1 must pay at
least 50% of the rent due in accordance with the terms for payment set out in the
tenant’s lease; authorized the Director of the Community Services Department to
promulgate regulations and issue permits for gym and fitness establishments to
engage in commercial fitness activities at City parks, City park parking lots, and
City beaches; superseded and replaced Section 5 of the Revised Fifth
Supplement so that penalties related to business licenses for fiscal year 2020-
2021 will begin to accrue as of September 1, 2020 unless an extension
application was timely filed pursuant to the Third Revised Eighteenth Supplement
and penalties related to business improvement district assessments for fiscal
year 2020-2021 are not suspended and will begin to accrue if the assessments
are not timely paid; and, with the same exceptions specified in the Nineteenth,
Twenty-Third, and Twenty-Fourth Supplements (the latter of which extended the
expiration of the supplements to September 30, 2020), extended the expiration of
prior supplements that remained in place to December 31, 2020 unless a later
expiration date is provided in an individual supplement – Twenty-Sixth
Supplement, issued September 18, 2020 (portions superseded and replaced by
the June 8, 2021 Emergency Ordinances and not extended by the Thirty-Seventh
Supplement).
• suspended the issuance of permits for street performers at the Pier, Third Street
Promenade, and Transmit Mall, with the result that street performers will not be
allowed in those spaces during their most crowded times, after noon Monday
through Friday and on weekends and holidays; authorized the Director of the
Community Development Department to issue regulations authorizing
businesses to post curbside pickup signs on parking meters adjacent to or near
the business and designating spaces in public parking lots where the City may
post curbside pickup signs; temporarily suspended certain Municipal Code
requirements regarding procedures relating to HUD Community Development
Block Grants that are inconsistent with HUD procedures adopted in light of the
COVID-19 pandemic; and authorized the Director of the Community
Development Department to issue regulations regarding and issue temporary
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use permits for certain uses allowed by the County Safer at Home Order,
including temporary outdoor sales and special events, for a period longer than 45
days but less than 180 days – Twenty-Seventh Supplement, issued October 7,
2020 (portions superseded and replaced by the Twenty-Eighth Supplement and
portions superseded and replaced by the June 8, 2021 Emergency Ordinances
and not extended by the Thirty-Seventh Supplement).
On December 15, 2020, the Council again ratified the declaration of local emergency,
the fifth revised first supplement, the revised fourth and revised fifth supplements,
supplements six through ten, supplements twelve and thirteen, supplements fifteen
through seventeen, the third-revised eighteenth supplement, the nineteenth
supplement, the first revised twentieth supplement, the second revised twenty-first
supplement, and supplements twenty-two through twenty-seven, and ratified two
additional supplements that:
• authorized, and provided rules and authorized the Director of the Community
Development Department to issue regulations regarding, the temporary
extension by certain eligible businesses of their operations into unused portions
of the parking lane on Main Street where the City has placed K-rails; waived the
permit fee for tents larger than 400 square feet for any special event permit filed
with the Santa Monica Fire Department in connection with a temporary use
authorized by Sections 1 to 10 of the Twenty-Eighth Supplement or Sections 19
to 78 of the Third Revised Eighteenth Supplement; expanded temporary curbside
pickup zones by allowing the designation and use of on-street parking spaces
where no metered spaces are adjacent to the business; clarified that the two-
year extension of deadlines for planning, review, and permit actions implemented
by the Third Revised Eighteenth Supplement does not extend the deadlines for
appeals as set forth in Articles VIII and IX of the Santa Monica Municipal Code;
authorized voluntary temporary disconnection of City water service for
commercial property accounts, excluding fire service accounts, upon payment of
a temporary disconnection fee of $208.00; clarified that landlords’ service of
required Notices of Terminations of Tenancy in accordance with instructions from
the Rent Control Board upon its acceptance of a notice of intent to Ellis a building
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will not violate the eviction moratorium, while specifying that no unlawful detainer
action based on removal of a unit from the rental market pursuant to the Ellis Act
may be filed until sixty days after the expiration of the Twenty-Eighth
Supplement; and extended the suspensions of water service shut off and
imposition of late payment penalties for unpaid or delinquent water, sewer,
and/or refuse and recycling collection bills through March 31, 2021 – Twenty-
Eighth Supplement, issued November 23, 2020 (portions superseded and
replaced by the Thirty Fourth Supplement and June 8, 2021 Emergency
Ordinances and portions not extended by the Thirty-Seventh Supplement); and
• extended to January 31, 2021, the moratorium on evictions of residential tenants
for reasons other than nonpayment of rent; extended to January 31, 2021, the
moratorium on evictions of commercial tenant 1s (as defined in the Fifth Revised
First Supplement) for nonpayment of rent, subject to the limitation the moratorium
would apply to certain commercial tenant 1s only if they paid 50% of rent due for
certain periods after September 30, 2020; extended to January 31, 2021, the
authorization for expanded temporary curbside pickup zones; authorized the
Housing Commission to meet to review and make recommendations regarding
the update to the City’s Housing Element; and suspended through March 31,
2021 late payment penalties for unpaid or delinquent Transient Occupancy
Taxes collected by hotels for periods beginning on or after November 1, 2020 (an
earlier suspension of such penalties expired as of June 30, 2020) – Twenty-Ninth
Supplement, issued November 30, 2020 (portions not extended by the Thirty-
Fourth Supplement).
On January 26, 2021, the Council again ratified the declaration of local emergency, the
fifth revised first supplement, the revised fourth and revised fifth supplements,
supplements six through ten, supplements twelve and thirteen, supplements fifteen
through seventeen, the third-revised eighteenth supplement, the nineteenth
supplement, the first revised twentieth supplement, the second revised twenty-first
supplement, and supplements twenty-two through twenty-nine, and ratified three
additional supplements, the thirtieth, thirty-first, and thirty-second supplements, which
did the following:
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• to assist with the City’s Buy Local initiative that encourages shopping at local
businesses, authorized suspension of hourly parking fees for daily short-term
visitors in City parking structures 1 through 6 for the period from December 11
through 26, 2020; and superseded and replaced Sections 1 through 3 of the
Seventh Supplement with amended rules regarding off-site and retail alcohol
sales that, in particular, added the requirement that authorized sales of to-go
alcoholic beverages may be delivered to customers only at the same time as the
required accompanying meals – Thirtieth Supplement, issued December 8, 2020
(portions superseded and replaced by the June 8, 2021 Emergency Ordinances
and portions not extended by the Thirty-Seventh Supplement);
• extended the moratorium on evictions of residential tenants for reasons other
than non-payment of rent through March 31, 2021; required landlords to report
efforts to evict residential tenants by emailing the City Attorney’s Office at
EMReports@smgov.net unredacted copies of any notices provided in an effort to
evict, including any termination notice (for example, the 15-day notice required by
the COVID-19 Tenant Relief Act of 2020) or a Summons and Complaint for
Unlawful Detainer, within two days of serving any such notice on a tenant;
provided that the Annual Taxicab Vehicle Permit Fee for the period beginning
February 1, 2020, and ending January 31, 2021, will be based on the actual
number of taxicab vehicles in operation rather than the number of taxicab
vehicles permitted to operate; and with prior specified exceptions, extended the
expiration of prior supplements that remained in place to January 31, 2021 -- two
new exceptions to the extension were: (a) the suspension of preferential parking
enforcement in all zones other than zone 3 was extended only through January
3, 2021, with the result that enforcement of preferential parking would resume in
all blocks in all zones in the City as of 12:01 am January 4, 2021; and (b) the
limitations on and suspensions of conducting meetings of City Boards,
Commissions, and other appointed bodies were lifted as of December 31, 2020,
with the result that beginning January 1, 2021, meetings could be conducted in
accordance with the direction provided by the City Council at its December 15,
2020 meeting -- Thirty-First Supplement, issued December 22, 2020; and
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• extended the City’s moratorium on evictions of residential tenants for non-
payment of rent due to the financial impacts of COVID-19 to apply to rent due
and unpaid during the period February 1, 2021 through March 31, 2021;
extended the moratorium on eviction for nonpayment of rent by a commercial
tenant 1 to apply to rent due and unpaid due to the financial impacts of COVID-
19 through March 31, 2021, and extended the date by which a commercial tenant
1 may repay unpaid rent from June 30, 2021 to September 30, 2021; and subject
to exceptions specified in the Nineteenth and Thirty-First Supplements, extended
the expiration of prior supplements that remained in place to March 31, 2021;
and authorized BBB to modify its existing agreement with the entity that markets
advertising on BBB buses -- Thirty-Second Supplement, issued January 19,
2021.
On March 23, 2021, the Council again ratified the declaration of local emergency, the
fifth revised first supplement, the revised fourth and revised fifth supplements,
supplements six through ten, supplements twelve and thirteen, supplements fifteen
through seventeen, the third-revised eighteenth supplement, the nineteenth
supplement, the first revised twentieth supplement, the second revised twenty-first
supplement, and supplements twenty-two through thirty-two, and ratified one additional
supplement, which did the following:
• permitted satellite outdoor dining in portions of the roadway in the Third Street
Promenade pursuant to limitations set out in the supplement and regulations to
be issued by the Director of the Community Development Department;
• given the pending expiration of AB 3088’s eviction protections for residential
tenants for nonpayment of rent due to COVID-19 financial distress, extended the
City’s moratorium on evictions of residential tenants for non-payment of rent due
to the financial impacts of COVID-19 to apply to rents due and unpaid during the
period February 1, 2021 through June 30, 2021 (since preempted by the
passage of SB 91, which extended the state moratorium on evictions due to
COVID-19 financial distress from February 1, 2021 to July 1, 2021); and
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• extended the City’s moratorium on evictions of tenants for reasons other than
nonpayment of rent through June 30, 2021. (Thirty-Third Supplement issued
January 28, 2021 – portions subsequently superseded and replaced by the June
2021 Emergency Ordinances and not extended by the Thirty-Seventh
Supplement)
Effective as of May 22, 2021, the Council again ratified the declaration of local
emergency, the fifth revised first supplement, the revised fourth and revised fifth
supplements, supplements six through ten, supplements twelve and thirteen,
supplements fifteen through seventeen, the third-revised eighteenth supplement, the
nineteenth supplement, the first revised twentieth supplement, the second revised
twenty-first supplement, and supplements twenty-two through thirty-three, and ratified
two additional supplements, which did the following:
• as of April 1, 2021, allowed temporary curbside pickup zones designated by
appropriate signage only for restaurants and not for other businesses; and, with
specified exceptions, extended the expiration of prior supplements that remained
in place to April 30, 2021 -- exceptions to the extension were the following:
temporary curbside pickup zones for businesses other than restaurants were not
allowed after March 31, 2021; imposition of late payment penalties for unpaid or
delinquent Transient Occupancy Taxes collected for periods beginning on or
after November 1, 2020 resumed as of April 1, 2021; and the eviction moratorium
for commercial tenant 1s applied only to rent that became due through March 31,
2021, and not to rent that became due after that date – Corrected Thirty-Fourth
Supplement, issued March 24, 2021 (portions not extended by the Thirty-
Seventh Supplement);
• with specified exceptions, extended the expiration of prior supplements that
remained in place to June 15, 2021 -- exceptions to the extension were the
following: imposition of late payment penalties for unpaid or delinquent Certified
Unified Program Agency (CUPA) and Fire Prevention Inspection charges
resumed as of May 1, 2021; and the issuance of performance permits for street
performers on the pier, Third Street Promenade, and Transit Mall resumed as of
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May 1, 2021, subject to the requirement that all performers comply with all social
distancing and infection control protocols imposed by applicable State and
County public health orders; in light of the prior suspension of 2020 performance
permits, those permits will remain valid for the period May 1, 2021 through
December 31, 2021 – Thirty-Fifth Supplement, issued April 27, 2021.
The Director of Emergency Operations has issued the following three additional
supplements that have not yet been ratified:
On May 18, 2021, the Director of Emergency Services issued a Thirty-Sixth Supplement
to the Executive Order of the Director of Emergency Services Declaring the Existence of
a Local Emergency (Exhibit C), which superseded and replaced the First Revised
Twentieth Supplement issued July 15, 2020, to modify the City’s requirements regarding
the wearing of face coverings to mesh with the State and County’s latest guidance
regarding the continued use of face coverings (including in certain situations even by
those who have been fully-vaccinated) through at least June 15, 2021, and sunset
provisions from Sections 3(b), 4, and 5 of the Revised Fifth Supplement issued March
18, 2020, to permit the resumption of imposition of late payment penalties for unpaid or
delinquent parking citations, enforcement of parking restrictions and limitations in Green
Parking Zones, and towing for violations of the California Vehicle Code related to
delinquent parking citations and expired registration.
On June 14, 2021, the Director of Emergency Services issued a Thirty-Seventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency (Exhibit D), which, in lieu of prior City-specific
requirements for social distancing and the wearing of face coverings, all of which were
not extended, implemented and authorized the enforcement of all directives included in
the California Department of Public Health’s Guidance for the Use of Face Coverings
and all directives in the County Department of Health’s Safer at Home Order, including
any amendments and successors to those Orders; and, with specified exceptions,
extended the expiration of prior supplements that remained in place to July 15, 2021 --
exceptions to the extension were the following: provisions of various prior supplements
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relating to business use of outdoor public and private space that were superseded by
the City Council’s June 8, 2021 adoption of Emergency Ordinance No. 2673,
Emergency Interim Zoning Ordinance No. 2674, and two resolutions (Nos. 11339 and
11340) establishing and waiving certain fees for use of public property; specified
provisions (all specifically identified and described in Section 3 of the Order) in various
prior supplements that were being rolled back in light of decreasing COVID-19 case
rates and increasing vaccination rates that had led to significant modifications to State
and County public health requirements and the State’s anticipated June 15, 2021, full
reopening; and the City’s eviction moratorium for residential tenants for reasons other
than non-payment of rent, which was not extended but remained in place through June
30, 2021, subject to any subsequent order that might extend that date.
On June 24, 2021, the Director of Emergency Services issued a Thirty-Eighth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency (Exhibit E), which, recognizing that state law
protections against eviction of residential tenants premised on non-payment of rent for
COVID-19 related reasons currently applied only to rent incurred through June 30,
2021, and recognizing that Los Angeles County’s June 22, 2021 extension of its eviction
moratorium stated that it applies to incorporated cities within the County to the extent
they do not impose a stricter moratorium, adopted relevant provisions of the County
extension, rendering them enforceable by the City, to extend through September 30,
2021 the moratorium on evictions of residential tenants premised on nonpayment of rent
due between July 1 and September 30, 2021 for COVID-19 related reasons; no-fault
evictions, with a limited exception for owner move-ins to single family residences; and
unauthorized occupants or pets or nuisance.
The emergency proclamation and its supplements were issued by the City Manager and
Interim City Manager as the Director of Emergency Operations, under authority of Santa
Monica Municipal Code 2.16.060. These orders must be ratified by the City Council as
soon as practicable to remain in effect. Council has previously approved resolutions on
March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28,
September 8, October 27, and December 15, 2020, and January 26, March 23, and
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May 25 (effective as of May 22), 2021, ratifying the earlier supplements. Staff
recommends, however, that there be a single resolution reflecting ratification of the
emergency proclamation and all supplements, so the emergency proclamation and all of
the supplements that will remain in place are again included for re-ratification in the
current proposed resolution. All of the prior supplements were attached as exhibits to
the January 26, 2021, March 23, and May 25 (effective as of May 22), 2021 resolutions;
the current resolution attaches as exhibits only the emergency proclamation, the revised
emergency proclamation, and the most recent Thirty-Sixth, Thirty-Seventh, and Thirty-
Eighth Supplements.
Staff now request that Council adopt the attached resolution ratifying the Executive
Order, and the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth,
Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-
Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth,
Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-
Sixth, Thirty-Seventh, and Thirty-Eighth Supplemental Orders, issued by the Director of
Emergency Services declaring the existence of a local emergency in the City of Santa
Monica and authorizing specified actions in response to that local emergency.
Fiscal Impacts
None.
Prepared By: George Cardona, Interim City Attorney
Approved
Forwarded to Council
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Attachments:
A. CMO-Res-EmergencyRatification-COVID-20210713
B. ExA-20200313.SM.Proclamation - Local Emergency
C. ExB-20200314.SM.Revised_Proclamation
D. ExC-20210518.Supplement_36_-_Local_Eme
E. ExD-20210614.Supplement_37_-_Local_Emergency_COVID
F. ExE-20210624.Supplement_38_-_Local_Emergency_-_COVID
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1
City Council Meeting: July 13, 2021 Santa Monica, California
RESOLUTION NUMBER _________ (CCS)
(City Council Series)
AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA PURSUANT TO CHAPTER 2.16 OF THE SANTA
MONICA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF
LOCAL EMERGENCY AND SUPPLEMENTAL PROCLAMATIONS THERETO
WHEREAS international, national, state, and local health and governmental
authorities are responding to an outbreak of respiratory disease caused by a novel
coronavirus named “SARS-CoV-2,” and the disease it causes has been named
“coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and
WHEREAS, the City of Santa Monica (the “City”) has a population of over 90,000
residents, is a major tourist destination, has two major hospitals and an airport within its
jurisdiction, and is adjacent to and contiguous on three sides with the City of Los
Angeles, resulting in high volumes of residents and visitors traveling within and across
the City’s borders; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors
and Department of Public Health declared a local emergency and local public health
emergency to aid the regional healthcare and governmental community in responding to
COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a
state of emergency to make additional resources available, formalize emergency
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actions already underway across multiple state agencies and departments, and help the
State prepare for broader spread of COVID-19; and
WHEREAS, on, before, and after March 4, 2020, the City actively planned and
implemented measures to prevent the spread of COVID-19 and to prepare for any and
all emergency actions in response to the spread of COVID-19; and
WHEREAS, on March 12, 2020, the City activated its Emergency Operations
Center to support ongoing emergency actions in response to the spread of COVID-19;
and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued
by the Centers for Disease Control and Prevention, the California Department of Public
Health, and the Los Angeles County Department of Public Health, the City of Santa
Monica (“the City”) cancelled all social gatherings (events, activities, programs, and
gatherings) in City facilities that were scheduled to occur through permit or license
between March 12, 2020, and March 31, 2020, absent a persuasive showing by the
permittee or licensee that the gathering could take place in accordance with the
guidance and directives of public health authorities; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued
by the Centers for Disease Control and Prevention, the California Department of Public
Health, and the Los Angeles County Department of Public Health, and to protect the
health and safety of the City workforce, the City announced that Santa Monica City Hall
would be closed to the public and open only to City employees from March 16, 2020, to
March 31, 2020; and
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WHEREAS, on March 13, 2020, the President of the United States of America
declared a national emergency and announced that the federal government would make
emergency funding available to assist state and local governments in preventing the
spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) issued an Executive Order of
the Director of Emergency Services of the City of Santa Monica Declaring the Existence
of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to
Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual
aid and an effective response to COVID-19 and this local emergency was restated on
March 14, 2020, through a revised declaration of local emergency to ensure compliance
with all digital signature requirements (“Revised Executive Order”); and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a
First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“First Supplement to the Executive
Order”) placing a temporary moratorium on evictions for non-payment of rent and
temporarily suspending the discontinuation or shut off of water service for residents and
businesses in the City for non-payment of water and sewer bills and the imposition of
late payment penalties or fees for delinquent water and/or sewer bills and parking
violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a
Second Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Second Supplement to the Executive
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Order”) (since superseded by the Second Revised Eighteenth Supplement to the
Executive Order issued June 23, 2020) temporarily closing the Santa Monica Pier to the
general public; and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public
Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting
group events of 50 or more people, requiring certain social distancing measures, and
ordering the closure of certain businesses; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued
Executive Order N-28-20, suspending any and all provisions of state law that would
preempt or otherwise restrict a local government’s exercise of its police powers to
impose substantive limitations on residential and commercial evictions with respect to
COVID-19-related rent payment issues; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a
Third Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Third Supplement to the Executive
Order”) (since superseded by the Seventeenth Supplement to the Executive Order
issued May 29, 2020) that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades,
gyms and fitness centers, and non-medical physical health and beauty businesses; and
temporarily prohibited restaurants, bars, and retail food facilities from serving food on-
premises; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a
Fourth Supplement to the Executive Order of the Director of Emergency Services
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Declaring the Existence of a Local Emergency (“Fourth Supplement to the Executive
Order”), which was expressly withdrawn and restated on March 17, 2020 in the Revised
Fourth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Revised Fourth Supplement to the
Executive Order”); and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued the
Revised Fourth Supplement to the Executive Order to permit public safety facilities,
hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of
the Department of Planning and Community Development or designee to waive
development standards, design review, parking and access requirements, and sign
standards related to such uses; to permit limited service and take-out restaurant uses in
any zoning district that allows full-service restaurants; to allow drive-through facilities for
clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies,
and restaurants; to suspend planning deadlines and automatic approvals; to extend
interim zoning ordinances now in effect; to direct that street sweeping not be conducted
unless essential for public health and safety and suspend parking citations related
thereto; to suspend preferential parking rules; to suspend certain regulations relating to
the operation of oversize vehicles; and to suspend Breeze bike share fees; and
WHEREAS, on March 17, 2020, the Governor of the State of California issued
Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier
Executive Order N-25-20 to suspend and waive certain provisions of state and local law,
including but not limited to those provisions in the Bagley-Keene Act and the Brown Act
related to the notice and accessibility requirements for the conduct of public meetings
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where the physical presence of public attendees or members of the public body seeking
to meet are impliedly or expressly required; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Revised First Supplement to the
Executive Order”) prohibiting residential or commercial evictions for nonpayment of rent
if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts
related to COVID-19 or for a no-fault eviction if any member of the household is sick, in
isolation, or under quarantine, and prohibiting the removal of any residential rental unit
from the rental market pursuant to the Ellis Act during the local emergency; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a
Fifth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Fifth Supplement to the Executive
Order”), which was expressly withdrawn and restated on March 18, 2020 in the Revised
Fifth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Revised Fifth Supplement to the
Executive Order”); and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued the
Revised Fifth Supplement to the Executive Order implementing a rear-door boarding
policy for all Big Blue Bus (BBB) customers, with the exception of Americans with
Disabilities Act customers traveling in mobility devices; suspending all passenger fares
on the BBB; suspending discontinuation or shut-off of water services for residents and
businesses based on non-payment of water or sewer bills; suspending late payment
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penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling
collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire
Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes;
and (h) Parking Facility Taxes; suspending parking restrictions in green parking zones
and suspending towing related to delinquent parking citations, abandoned vehicles, and
expired registration; and suspending penalty assessments related to business licenses
and business improvement district assessments; and
WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local
emergency made by the Executive Director of Emergency Services, as well as the
Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto,
and resolved that the proclamation and the aforementioned Supplements shall be
operative and in effect through April 30, 2020; and
WHEREAS, on March 19, 2020, the Governor of the State of California issued
Executive Order N-33-20 directing all residents of the State of California to heed
directives issued by the State Health Officer on the same date instructing all
Californians to stay home except as needed to maintain continuity of operations of the
federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public
Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of
COVID-19, amending and superseding its March 16, 2020, Order, closing all
nonessential businesses, and limiting gatherings to 9 people or less; and
WHEREAS, on March 20, 2020, the Director of Emergency Services issued a
Sixth Supplement to the Executive Order of the Director of Emergency Services
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Declaring the Existence of a Local Emergency suspending labor negotiations through
April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to
engaging in collective bargaining, and suspending various human resources processes
in order to decrease in-person meetings and enable effective emergency response,
including suspending requirements associated with the administration of competitive
examinations and the appointment of individuals from eligibility lists; suspending certain
requirements and minimum qualifications associated with the appointment of temporary,
limited-term, and as-needed employees; and modifying the Municipal Code to state that
certain additional appointments will be subject to a probationary period; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a
Seventh Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal
Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of
Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell
alcoholic beverages for off-site consumption via delivery and take-out; and
WHEREAS, on March 21, 2020, the Los Angeles County Department of Public
Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of
COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders,
closing all nonessential businesses and prohibiting gatherings of non-household
members; and
WHEREAS, on March 22, 2020, the Director of Emergency Services issued an
Eighth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency adopting as rules and regulations of the
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City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State
of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at
Home Order for Control of COVID-19, issued by the Los Angeles County Department of
Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at
Home Order”), including any later amendments or successors thereto, the stricter of
which shall apply if there is any conflict between the Governor’s Stay at Home Order
and the County Department of Public Health’s Safer at Home Order; and authorizing the
City to issue administrative citations to enforce this and the previously issued
supplements to its emergency declaration; and,
WHEREAS, on March 27, 2020, the Governor of the State of California issued
Executive Order N-37-20, building on Executive Order N-28-20 by extending the time
for a tenant to respond to a summons and prohibiting the enforcement of a writ for
tenants unable to pay due to reasons related to COVID-19; and
WHEREAS, on March 27, 2020, the Los Angeles County Department of Public
Health issued an Addendum to the County Department of Public Health’s Safer at
Home Order closing all public trails and trailheads, as well as all public beaches, piers,
public beach parking lots, beach bike paths that traverse the sanded portion of the
beach, and beach access points; and
WHEREAS, on March 27, 2020, the Director of Emergency Services issued a
Ninth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency closing certain City facilities, waiving late
payment fees for City leases and licenses during the effective period of the order,
suspending rent payments for City tenants on the Santa Monica Pier for the month of
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April, suspending outdoor dining licenses and outdoor dining license payments for City
licensees for the month of April, granting the Director of the Department of Housing and
Community Development discretion to suspend additional rent or license payments for
the month of April for City tenants and licensees whose operations have been closed
pursuant to emergency orders issued by the City, the County of Los Angeles
Department of Public Health, or the Governor of California, authorizing the City to delay
responses and productions of records in response to public record requests under
specified circumstances, and extending by one month Santa Monica Fire Department
annual permits of operation set to expire on May 1, 2020; and
WHEREAS, on March 31, 2020, the Los Angeles County Department of Public
Health issued Addendum No. 2 to the County Department of Public Health’s Safer at
Home Order clarifying that all government employees are essential workers during the
pandemic; and
WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency: (1) requiring the following of all construction projects --
(a) handwashing facilities or hand sanitizer to be installed at entrances to construction
projects, (b) shared tools and equipment to be sanitized, (c) posting signage instructing
workers of the social distancing and sanitation requirements and entrance limitations
for ill workers or those in recent close contact with someone diagnosed with COVID-19,
and (d) workers not to gather in groups larger than three during breaks and to maintain
a six-foot social distance during such breaks; (2) directing that, if construction is taking
place within an occupied residential building, steps must be taken to minimize contact
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with areas within the building but not within the construction site and to clean and
sanitize those areas regularly; (3) authorizing the Building Officer to issue a stop work
order at any construction site operating in violation of the Governor’s “Stay at Home”
Order, the County Department of Public Health’s “Safer at Home” Order or the
requirements of the Tenth Supplement; and (4) authorizing the City to issue
administrative citations to enforce the provisions of the Tenth Supplement; and
WHEREAS, on April 6, 2020, the Judicial Council of the State of California
adopted an emergency court rule that effectively delays all evictions, other than those
necessary to protect public health and safety, for the duration of the COVID-19
emergency; the rule is applicable to all courts and to all eviction cases, whether they are
based on a tenant’s missed rent payment or another reason; among other things, the
rule temporarily prohibits a court from issuing a summons after a landlord files an
eviction case, unless necessary to protect public health and safety; as a result, even if a
landlord files an eviction case, he or she will not have a summons to serve on the tenant
until 90 days after the emergency passes; and
WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth
Supplements thereto, and resolved that the proclamation and the aforementioned
Supplements shall be operative and in effect through April 30, 2020; and
WHEREAS, on April 8, 2020, the Director of Emergency Services issued a
Second Revised First Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency enhancing eviction protections
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to require landlords to provide notice of local eviction protections to tenants, prohibiting
no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of
landlord entry into a residential unit, prohibiting certain evictions of residential tenants
based on the presence of unauthorized pets or occupants, prohibiting use of the
eviction process to seek rent delayed under the Supplement if the landlord has already
obtained compensation for the delayed rent through governmental relief, and
temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to
$15,000; and
WHEREAS, on April 8, 2020, the Director of Emergency Services issued an
Eleventh Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (since superseded by the Twentieth
Supplement issued July 1, 2020) requiring workers and customers at covered
businesses (including but not limited to grocery stores, farmers markets, restaurants,
hardware stores, transportation providers, and plumbing and similar businesses) to
wear face coverings; and
WHEREAS, on April 10, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home Order for Control of COVID-19 that amended
and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders
and Addendums and continued to prohibit all indoor and outdoor public and private
gatherings and events; require all businesses to cease in-person operations and remain
closed to the public, unless defined as an Essential Business by the order; require the
closure of all indoor malls and shopping centers, all swap meets and flea markets,
indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach
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access points, and public trails and trailheads; and prohibit in-person operations of all
non-essential businesses; and
WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Second
Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth,
Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised
First Supplement shall be operative and remain in effect through May 31, 2020, and that
the other aforementioned Supplements shall be operative and in effect through May 15,
2020; and
WHEREAS, on April 18, 2020, the City Council appointed an Interim City
Manager who, pursuant to that appointment, assumed the position of Director of
Emergency Services; and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a
Twelfth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting
on planning applications, exercising rights under planning entitlements, and expiration
of building permits; permitting lodging establishments operating as hotels and motels
under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving
the City’s rule precluding employees from accepting gifts of any sort to allow City first
responders and disaster workers to take advantage of City-approved public or private
discount, specials, and subsidies programs; and
WHEREAS, on April 30, 2020, the Director of Emergency Services issued a
Third Revised First Supplement to the Executive Order of the Director of Emergency
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Services Declaring the Existence of a Local Emergency extending the eviction
moratorium to June 30 and modifying it by limiting the commercial tenants subject to the
protections of the order to exclude multinational companies, public companies, and
companies with more than 500 employees; making clear that notice and documentation
that indicates any loss of income or increase in expenses due to COVD-19 is sufficient
to trigger the moratorium on eviction for non-payment of rent due to financial impacts
related to COVID-19, and that a statement written by the tenant in a single
communication may constitute both notice and documentation; and extending the
protection against eviction based on rent unpaid due to financial impacts related to
COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in
accordance with the Governor’s Executive Order suspending state law provisions,
suspended SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail
establishments from providing without charge reusable grocery bags or recycled paper
bags or single-use plastic carryout bags to customers at point of sale and added
language to the City’s Housing Trust Fund and Affirmative Housing Production Program
Guidelines to extend eligibility to individuals who were working in Santa Monica prior to
March 1, 2020, but lost employment due to COVID-19 related reasons; and
WHEREAS, on May 7, 2020, the California State Public Health Officer issued an
order that stated that COVID-19 continues to present a significant risk to the health of
individuals throughout California, but, consistent with Californians’ mitigation efforts and
other factors determined that the statewide data supported the gradual movement of the
entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap,
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while authorizing local health jurisdictions to implement or continue more restrictive
public health measures if warranted; and
WHEREAS, on May 8, 2020, the Los Angeles County Department of Public
Health issued Addendum No. 2 to the April 10 revised County Department of Health
Safer at Home Order amending that order to permit, subject to specific conditions, the
reopening of certain specified types of lower-risk retail business for sales and service
transactions mad via curbside pick-up or delivery only, and the reopening of all
previously closed public trails and trailheads, public and private golf courses, and new
and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and
modifying it to define a set of non-retail commercial tenants consisting of commercial
tenants, other than non-profits, that are tenants in an office building, do not collect sales
tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary,
fitness, educational, or child, marriage, family, mental health, or substance abuse
counseling services; specify that for non-retail commercial tenants the eviction
moratorium will extend only 30 days after the expiration of the Order; and specify that,
with respect to rent unpaid due to financial impacts related to COVID-19, landlords may
not charge interest on that unpaid rent for a period of 12 months after the expiration of
the Order for residential tenants, for a period of 90 days after the expiration of the Order
for commercial tenants, and for the duration of the Order for non-retail commercial
tenants; and
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WHEREAS, on May 8, 2020, the Director of Emergency Services issued a
Thirteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency incorporating the provisions of the Third
Revised First Supplement that add language to the City’s Housing Trust Fund and
Affirmative Housing Production Program Guidelines to extend eligibility to individuals
who were working in Santa Monica prior to March 1, 2020, but lost employment due to
COVID-19 related reasons and, in accordance with the Governor’s Executive Order
suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent
they prohibit retail establishments from providing without charge reusable grocery bags
or recycled paper bags or single-use plastic carryout bags to customers at point of sale;
further extending to July 1, 2020 the expiration of Fire Department annual permits of
operation; and setting time limits on the conduct of loud construction activities and
authorizing the City to issue administrative citations to enforce those time limits; and
WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Third and
Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh,
Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved
that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First and Second
through Thirteenth Supplements shall be operative and remain in effect through May 15,
2020, or any later date expressly stated within the text of an individual supplement; and
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home Order for Control of COVID-19 that amended
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and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, and May 8, 2020
County Health Officer Orders and Addendums; recognized that existing community
transmission of COVID-19 in Los Angeles County continues to present a substantial
and significant risk of harm to residents’ health; but took a limited and measured step to
partially move the County into Stage 2 of its phased approach to reopening while
keeping a low incidence of person-to-person contact and ensuring continued social
distancing and adherence to other infection control procedures – accordingly, the order
continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-
person contacts are likely to occur; continued to allow Essential Businesses to operate
subject to social distancing requirements; allowed two categories of lower-risk
businesses to reopen subject to specified social distancing protocols, retailers not
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; and permitted the reopening of
beaches for limited solo recreational activities, while retaining closures of beach parking
lots, beach bike paths, and piers; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version
of its safer at home order including requirements that all individuals engaging in outdoor
activities, except for water activities, and all individuals engaging in essential activities
whenever there is or can be contact with other who are non-household members in both
public and private places, must wear a cloth face covering; and
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WHEREAS, on May 14, 2020, the Director of Emergency Services issued a
Fourteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (since superseded by the Nineteenth
Supplement issued June 29, 2020 and the Twentieth Supplement issued July 1, 2020)
extending the effective dates of the Fourth Revised First, Second, Third, Revised
Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and
Thirteenth supplements to June 30, 2020, or any later date expressly stated within the
text of an individual supplement; and requiring all persons leaving their residences for
the limited purposes allowed by the County Department of Public Health’s Safer at
Home Order to strictly comply with the social (physical) distancing requirements stated
in that Order or County Department of Public Health guidance or protocols, including in
particular the requirement that cloth face masks must be worn whenever there is or may
be contact with others who are non-household members, including while engaging in
permitted outdoor activities other than water activities; and
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a
Fifteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency authorizing enforcement of preferential
parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street
sweeping to resume with individuals encouraged to comply with posted signs regarding
parking prohibitions for street sweeping during the days and times indicated, but only
during the first full week of each month, which is when the street sweeping will occur;
and
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WHEREAS, on May 19, 2020, the Director of Emergency Services issued a
Sixteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency authorizing specified Boards,
Commissions, and other appointed bodies to resume limited meetings, to be conducted
remotely pending further order, for the purpose of exercising specified adjudicative and
quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and
imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other
fees charged to restaurants by third-party food delivery companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home Order for Control of COVID-19 that amended
and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020
County Health Officer Orders and Addendums; recognized that existing community
transmission of COVID-19 in Los Angeles County continues to present a substantial
and significant risk of harm to residents’ health; but took a limited and measured step to
partially move the County into Stage 2 of its phased approach to reopening while
keeping a low incidence of person-to-person contact and ensuring continued social
distancing and adherence to other infection control procedures – accordingly, the order
continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-
person contacts are likely to occur; continued to allow Essential Businesses to operate
subject to social distancing requirements; allowed the conditional reopening of specific
retail and other Lower-Risk businesses, including curbside, doorside, or other outdoor
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or outside pickup from retailers located within an indoor mall or shopping center and
manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, beach parking lots, and beach bike paths, while
maintaining the closure of public piers; continued to authorize local public entities to
temporarily close certain streets or areas to automobile traffic to allow for increased
space for persons to engage in recreational activity in compliance with social (physical)
distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
WHEREAS, on May 25, 2020, the California Department of Health, while
recognizing that COVID-19 is still present in State communities and that physical
distance, wearing face coverings in public, and washing hands frequently are more
important than ever, announced the statewide opening of in-store retail shopping, under
previously issued guidance and subject to approval by county public health
departments, and issued guidelines for in-person protests and events designed for
political expression; and
WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised
First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements
thereto; resolved that the local emergency shall be deemed to continue and exist until
its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First and Second through Sixteenth Supplements shall be operative and remain in effect
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through June 30, 2020, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home Order for Control of COVID-19 that superseded
all prior Safer At Home Orders; while recognizing that existing community transmission
of COVID-19 in the County continues to present a substantial and significant risk of
harm to residents’ health, in light of the progress achieved in slowing the spread of
COVID-19 in the County, aligned the County with State Executive Orders and State
Health Officer Orders that support phased reopening in accordance with the California
Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of
limiting close contacts with others outside of residents’ households in both indoor and
outdoor spaces and ensuring continued social distancing and adherence to other
infection control procedures – accordingly, the order continued to prohibit indoor and
outdoor public and private gatherings and events except for the limited purposes
expressly permitted by the Order; continued to require compliance with social (physical)
distancing requirements including wearing a cloth face covering whenever there is or
can be contact with others who are non-household members in both public and private
spaces; continued to require the closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-
person contacts are likely to occur; continued to allow Essential Businesses to operate
subject to social distancing requirements; allowed the conditional reopening of four
categories of Lower-Risk businesses – lower-risk retail businesses that may now
reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and
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logistics sector businesses that supply lower-risk retail businesses, non-essential office-
based businesses (while continuing to strongly encourage telework), and indoor malls
and shopping centers; continued to permit the reopening of beaches, beach parking
lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile
traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; continued to authorize
participation in Vehicle-Based Parades in compliance with all laws and a specified
protocol; permitted in-person attendance at faith-based services, provided that the
gathering of congregants is limited to the lower of 25% of the total maximum building
occupancy or a maximum of 100; and permitted participating in in-person protests
subject to the same attendance limits and maintenance of physical distancing; and
WHEREAS, on May 29, 2020, the Governor of California issued Executive Order
N-66-20, which, among other things, found that in light of the COVID-19 pandemic and
stay-at-home order there remained an ongoing need to promote housing security and
stability, and extended for an additional 60 days from the date of the Order Executive
Order N-28-20’s suspension of any and all provisions of state law that would preempt or
otherwise restrict a local government’s exercise of its police powers to impose
substantive limitations on residential and commercial evictions with respect to
COVID19-related rent payment issues; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the
request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
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WHEREAS, on May 29, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home order that superseded all prior Safer At Home
Orders and was essentially equivalent to the May 26 Safer At Home Order with the
exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk
businesses allowed to reopen subject to specified conditions; and permitted restaurants
and other food facilities that provide sit-down, dine-in meals to reopen subject to
specified conditions, including a limitation to 60% occupancy; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a
Seventeenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency superseding and replacing the Third
Supplement to specify that closures and re-openings of businesses within Santa Monica
shall be in accordance with State and County orders, with those imposing stricter
regulations controlling in the event of conflict, and continuing to exempt trucks and other
vehicles that deliver grocery items to grocery stores from limitations on delivery hours;
and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an
Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency authorizing temporary outdoor dining
extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private
open space owned by the restaurant, for restaurants that open for in-house dining
pursuant to the safety protocols required by the County safer at home order;
superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1
through 3 of the Twelfth Supplement to extend for two years the deadlines for planning,
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review, and permit-related actions; and superseding and replacing Sections 3 through 6
of the Ninth Supplement to waive and suspend late payment fees, rent payments by
City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent
deferment program for City commercial tenants whose operations have been closed or
significantly restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency that modified the Eighteenth
Supplement by extending the authorization for temporary outdoor dining to adjacent
private spaces not owned by a restaurant and sidewalk areas in front of adjacent
buildings, both with the consent of the owner; and adding authorizations for the Finance
Director to grant extension of the delinquency date for business license renewals by two
months from September 1 to November 1, 2020; and
WHEREAS, on June 11, 2020, the Los Angeles County Department of Public
Health issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
largely equivalent to the May 29 Safer At Home Order with exceptions including that it:
permitted the reopening of the following additional specific sectors, businesses, and
activities subject to specific conditions set forth in protocols attached as appendices to
the order – music, film, and television production; day camps; fitness facilities;
museums, galleries, botanical gardens, zoos, aquariums, and other similar exhibition
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spaces; professional sports without audiences; and campgrounds, RV parks, and
associated outdoor activities; permitted the opening of swimming pools and splash pads
in any setting subject to implementation of a specified protocol; permitted public and
private schools to begin planning for the forth-coming school year in compliance with
State guidance; and allowed hotels, motels, shared rental units, and similar facilities to
reopen for tourism and individual travel, in compliance with conditions set forth in a
protocol attached as an appendix to the order; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that: for residential tenants, restated the
existing temporary eviction moratorium and extended the period for which unpaid rent
will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants,
substantially modified the temporary eviction moratorium, defining three different
categories of commercial tenants, each of which receives varying protections, and
encouraging landlords and commercial tenants to negotiate modifications to rental
agreements and payment plans to accommodate changed economic circumstances of
commercial landlords and tenants arising from the financial impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings mandating the use of cloth face coverings by
the general public under specified circumstances when outside the home including
when inside of, or in line to enter, any indoor space and while outdoors in public spaces
when maintaining a physical distance of 6 feet from persons who are not members of
the same household or residence is not feasible; and
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WHEREAS, on June 18, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the June 11 Safer At Home Order with the exception that it
clarified the requirements that individuals leaving their residences must wear face
coverings when they are or can be in contact with or walking past others outside of their
household and permitted the reopening of the following business and activities no
earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At
Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators;
personal care services; and bars, wineries, breweries and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued
Executive Order N-70-20 which extended for an additional 60 days the tenth and
eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows
retailers to temporarily pause in-store redemption of beverage containers and
temporarily suspending the requirement for recycling centers to hold a minimum hours
of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54-
20, which had suspended Public Resources Code section 42283’s prohibitions relating
to retail establishments providing bags to customers at point of sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised
First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First
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Revised Eighteenth Supplements thereto; resolved that the local emergency shall be
deemed to continue and exist until its termination is proclaimed by the City Council; and
resolved that the Fourth Revised First, Second, and Revised Fourth through First
Revised Eighteenth Supplements shall be operative and remain in effect through June
30, 2020, or any later date expressly stated within the text of an individual supplement;
and
WHEREAS, on June 23, 2020, the Los Angeles County Department of
Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation
of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in
accordance with orders issued by the Los Angeles County Board of Supervisors,
recognized the extension of the County’s eviction through July 31, 2020, but, effective
June 1, 2020, excluded from application of the moratorium commercial tenancies where
the tenant has more than 100 employees and commercial tenancies where the tenant is
a multinational company or a publicly traded company; and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a
Second Revised Eighteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency that modified the
First Revised Eighteenth Supplement to: supersede and replace the Second
Supplement that closed the Pier, permitting the Pier to begin a phased reopening
subject to conditions to ensure social distancing as of June 24, 2020; extend the
suspension of outdoor dining license payments for City licensees through August 2020;
extend the deadline for applications for extensions of the delinquency date for business
license renewals to August 31, 2020; extend the authorization for temporary dining to
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adjacent private spaces not owned by the restaurant and to sidewalks in front of
adjacent buildings with the consent of either the owner or tenant; extend the
authorization for temporary dining to areas of the Pier to be specified by the Director of
Economic Development subject to specified conditions and any additional regulations;
extend the authorization for temporary dining to portions of the sidewalk or roadway in
the Third Street Promenade to be specified by the Director of Economic Development
subject to specified conditions and any additional regulations; authorize the temporary
use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of
the Pier to be specified by the Director of Economic Development for business activities
other than temporary dining, subject to specified conditions and any additional
regulations; authorize restaurants and other businesses to establish temporary parklets
for business activities and outdoor dining in on-street parking and loading spaces
adjacent to the restaurant or business, subject to specified conditions, specified design
and safety specifications, and any additional regulations; and specify that for
compliance with certain specified mandatory seismic retrofitting requirements, the two-
year extension for planning, review, and permit-related actions applies only if an
application was pending as of March 13, 2020 or submitted between March 13, 2020
and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in
some counties and the need to reduce non-essential gatherings where mixing and
disease spread occur, the California Department of Public Health ordered the closure in
certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs
not offering sit-down, dine-in meals that had reopened after June 12 in accordance with
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prior state and local guidance and reemphasized that alcohol can only be sold in such
establishments in the same transaction as a meal; and
WHEREAS, on June 28, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the June 18 Safer At Home Order with the exceptions that it
returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries
to the list of higher-risk businesses whose closure is required; and required restaurants
with a moderate risk or high risk permit issued by the County Department of Public
Health and other food facilities that provide in-person dining to follow a revised protocol
for on-site dining; and
WHEREAS, on June 29, 2020, the Los Angeles County Department of Public
Health issued a Reopening Safer at Work and in the Community for Control of COVID-
19 order requiring the temporary closure of all public beaches, piers, beach bicycle
paths and beach access points between July 3 and July 6; prohibiting all firework shows
and events until further notice; noting that the County has recently observed a sharp
increase in new COVID-19 cases and hospitalizations demonstrating the reality of
increased community transmission of COVID-19; and reemphasizing that State public
health directives and the current County Health Officer Order prohibit professional,
social, and community mass gatherings, with gatherings defined as meetings or other
events that bring together persons from multiple households at the same time for a
shared or group experience in a single room, space, or place; and
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WHEREAS, on June 29, 2020, the Director of Emergency Services issued a
Nineteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that, with certain specified exceptions,
extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth,
Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth,
Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July
31, 2020, or any later date expressly stated within the text of an individual supplement;
specified exceptions permitted impositions of late payment penalties for unpaid or
delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes
to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating
to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions
of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores
providing bags to customers at the point of sale without charge to expire as of July 1,
2020; Santa Monica Fire Department annual permits of operation to expire as of July 1,
2020; and issuance of parking citations associated with street sweeping to resume as of
July 1, 2020; and
WHEREAS, on June 30, 2020, the Governor of California issued Executive Order
N-71-20, which, among other things, found that minimizing evictions during this period is
critical to reducing the spread of COVID-19 in vulnerable populations by allowing those
most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in
their homes to reduce the transmission of COVID-19, and extended through September
30, 2020 Executive Order N-28-20’s suspension of any and all provisions of state law
that would preempt or otherwise restrict a local government’s exercise of its police
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powers to impose substantive limitations on residential and commercial evictions with
respect to COVID19-related rent payment issues; and
WHEREAS, on July 1, 2020, in a letter to California elected officials, the
Governor of the State of California noted the recent increase in COVID-19 cases,
including a concerning increase in hospitalizations; reminded Cities and Counties of
their power, conferred by the California Constitution, to take action to protect their
residents; called on elected officials to remain vigilant in efforts to protect the health and
safety of their communities; and emphasized the dire consequences of failing to ensure
compliance with public health orders, including a surge of COVID-19 cases and
fatalities and an unsustainable burden on health care services that may divert resources
from other health needs, further delaying reopening efforts; and
WHEREAS, on July 1, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the June 28 Safer At Home Order with the exceptions that it
noted the serious recent regression of COVID-19 indicators within the Count of Los
Angeles, which showed troubling and substantial increases in new daily reported
COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person
onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite
wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums
to the list of high-risk businesses required to close for at least 21 days and until further
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notice; and ordered the closure of indoor mall or shopping center food court dining and
seating areas for at least 21 days and until further notice; and
WHEREAS, on July 1, 2020, the Director of Emergency Services issued a
Twentieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that superseded and replaced the
Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home
Orders and the California Department of Health’s recent Guidance for the Use of Face
Coverings, set out specifics regarding the requirement that all individuals wear face
coverings whenever they leave their place of residence and are or may be in in contact
with non-household members in both public and private spaces; set out exemptions
from the face covering requirement; specify that business operators may refuse
admission or service to any person who fails to wear a face covering as required or to
comply with social distancing requirements imposed by the County Safer at Home
orders; and authorizes administrative citations with specified administrative fines for
both individuals and businesses failing to comply with the face covering requirements;
and
WHEREAS, on July 8, 2020, the Director of Emergency Services issued a
Twenty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency which was superseded and replaced on
July 9, 2020 by the Revised Twenty-First Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency and on
July 10, 2020 by the Second Revised Twenty-First Supplement to the Executive Order
of the Director of Emergency Services Declaring the Existence of a Local Emergency
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reducing the required number of nominating signatures for candidates in the November
3, 2020 general municipal election from 100 (as required under Santa Monica Municipal
Code Section 11.04.010) to 30 and waiving the $1 fee for each set of nomination papers
over the first two sets; and
WHEREAS, on July 13, 2020, in light of current data reflecting that community
spread of COVID-19 infection is of increasing concern across the state, the California
Department of Public Health ordered the statewide closure of all operations, indoors
and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and
entertainment venues, subject to specified exceptions; the statewide closure of indoor
operations of dine-in restaurants, wineries and tasting rooms, family entertainment
centers and movie theaters, indoor attractions at zoos and museums, and cardrooms;
and the closure in certain counties that currently appear on the Department’s County
Monitoring List and have been on the list for three consecutive days, which included Los
Angeles County, all indoor operations of gyms and fitness centers, places of worship,
protests, offices for non-critical infrastructure sectors, personal care services (including
nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and
malls; and
WHEREAS, on July 14, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the July 1 Safer At Home Order with the exceptions that it
ordered the closure of indoor operations of hair salons and barbershops, fitness
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facilities, and personal care establishments; permitted in-person faith-based services
and protests so long as they are held outdoors; ordered the closure of indoor portions
and operations of indoor malls and shopping centers; required that all indoor portions
and operations of any non-essential office-based business cease, subject to the
exception for minimum basic operations; and required that essential businesses,
healthcare operations, or essential infrastructure whose operations require employees
to operate from an office worksite require employees to telework to the extent feasible;
and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued the
First Revised Twentieth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency, which superseded
and replaced the Twentieth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency to further clarify the
requirement that all persons must wear face coverings whenever they leave their place
of residence and are or can be in contact with or walking near or past others who are
non-household members in both public and private spaces, including, but not limited to,
walking through common areas such as hallways, stairways, elevators, and parking
facilities; clarify that having a face covering visible and immediately ready to put on
whenever within 30 feet of another non-household member is intended to satisfy the
face covering requirement when walking, running, biking, or otherwise exercising or
moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions
permitting limited inquiries to those asserting exemptions from the face covering
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because of medical condition, mental health condition, or disability to prevent fraudulent
assertions of such exemptions; and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued a
Twenty-Second Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which extended the eviction
moratorium for residential tenants implemented by the Fifth Revised First Supplement to
September 30, 2020, and extended the eviction moratorium for commercial tenants
implemented by the Fifth Revised First Supplement to August 31, 2020; and
WHEREAS, on July 18, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the July 14 Safer At Home Order with the exceptions that it
stated its intent to continue to ensure that County residents remain in their residences
as much as practicable to limit close contact with others outside their household in both
indoor and outdoor spaces; reemphasized that all persons who can telework or work
from home should continue to do so as much as possible; restated that all gatherings of
people who are not part of a single household or living unit are prohibited except for the
limited purposes expressly permitted by the order; recognized that the State Public
Health Officer requires all public and private schools within the County of Los Angeles
to remain closed to in-person learning until certain criteria are satisfied and issued
reopening protocols for schools permitted to reopen to in-person learning; directed that
individuals instructed by their medical provider not to wear a face covering should wear
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a face shield with a drape on the bottom edge as long as their condition permits it; and
included revised reopening protocols for various types of businesses; and
WHEREAS, on July 28, 2020, the Director of Emergency Services issued a
Twenty-Third Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which, subject to the exceptions stated
in Section 2 of the Nineteenth Supplement, extended the effective dates of the Fifth
Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second
Supplements to August 31, 2020, or any later date expressly stated within the text of an
individual supplement; and,
WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised
First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth,
Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth,
First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second
Supplements thereto; resolved that the local emergency shall be deemed to continue
and exist until its termination is proclaimed by the City Council; and resolved that the
supplements being ratified above shall be operative and remain in effect through August
31, 2020, or any later date expressly stated within the text of an individual supplement;
and
WHEREAS, on August 12, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
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COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the July 18 Safer At Home Order with the exception that it
provided clarification regarding when elementary schools may seek a waiver to conduct
in-person instruction for grades TK-6; updated requirements for childcare facilities to
specify childcare must be carried out in stable groups of 12 or fewer children in the
same group each day, instead of 10; and aligned with new guidance for institutes of
higher education; and
WHEREAS, on August 22, 2020, the Director of Emergency Services issued a
Third Revised Eighteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency, which superseded
and replaced the prior versions of the Eighteenth Supplement to authorize the specified
uses of public and private outdoor spaces through the duration of LA County’s Safer at
Home Order, plus an additional 30 days, so long as businesses either enter into an
encroachment agreement with or obtain a permit from the City; allow the City to assess
a monthly fee for the use of space in the public right-of-way after November 1, 2020,
with 30 days’ notice provided to businesses; authorize the use of canopies and propane
heaters in private and public outdoor spaces in compliance with specified guidelines;
permit tables and chairs to be left secured outside the business overnight and so long
as there is at least five (5) feet of unobstructed access on the sidewalk; set standards
for decks in both parklets and private property used for outdoor business; require that
any structures put in place in any parklet be brought into compliance with the deck
standards in the Third Revised Eighteenth Supplement and that any structures for
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outdoor business activity on private property be brought into compliance with the deck
standards or other applicable building standards; set fines for violations of conditions for
operating in the public right-of-way and in private outdoor spaces through administrative
citations to be issued by Code Enforcement; and authorize the Director of the
Community Development Department to enter into temporary license agreements to
permit the temporary use of portions of certain public parking facilities or the Santa
Monica Pier, as designated by the Director, for temporary use by gyms and fitness
establishments; and
WHEREAS, on August 24, 2020, the Director of Emergency Services issued a
Twenty-Fourth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which made it a strict liability
offense punishable as a misdemeanor or by administrative citation for any responsible
person to conduct a gathering of 20 or more natural persons who are not part of a single
household or living unit at a residence or other private property; extended the eviction
moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement,
through September 30, 2020; subject to the exceptions specified in the Nineteenth and
Twenty-Third Supplements, extended the effective dates of the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third
Supplements to September 30, 2020, or any later date expressly stated within the text
of an individual supplement; and extended the suspensions of the discontinuation or
shut off of water service for non-payment of water or sewer bills and of late payment
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penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling
collections bills, as originally implemented by Sections 2, 3(a), and 3(c) of the Revised
Fifth Supplement, through December 31, 2020; and
WHEREAS, on August 28, 2020, the California Department of Public Health
issued a statewide order that, recognizing that community spread of infection remains a
significant concern across the state, and based on the current state of the pandemic in
California and current scientific understanding of transmission, further refined the
State’s approach to gradually reopen businesses and activities while reducing the risk of
increased community spread by adopting a targeted system for sector reopenings that
relies on a set of tiers corresponding to specific epidemiological profiles based on
indicators of disease burden including case rates per capita and percent of positive
COVID-19 tests and proportion of testing and other COVID-19 response efforts
addressing the most impacted populations within a county; under this revised
framework, local health jurisdictions may reopen, or must close, specified sectors
according to their county’s tier; and
WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill
3088, under which, among other things, no tenant can be evicted before February 1,
2021 as a result of rent owed due to a COVID-19 related hardship accrued between
March 4 and August 31, 2020, if the tenant provides a declaration of COVID-19-related
financial distress according to specified timelines; no tenant can be evicted for rent that
accrues but is unpaid due to a COVID-19 hardship between September 1, 2020 and
January 31, 2021, no tenant may be evicted if the tenant submits declarations of
COVID-19-related financial distress according to specified timelines and pays 25% of
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the unpaid rent due by January 31, 2020; and landlords are required to provide tenants
a notice detailing their rights under the legislation; and
WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the
Los Angeles County Department of Public Health issued a revised Reopening Safer at
Work and in the Community For Control of COVID-19 – Moving the County of Los
Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that
superseded all prior Safer at Home Orders and was essentially equivalent to the August
12 Safer at Home Order with the exception that it recognized that the daily number of
new cases is still high, and COVID-19 remains widespread in Los Angeles County; cited
the State’s August 28, 2020 issuance of its Blue Print for a Safer Economy, which
describes the tiered approach to relaxing and tightening restrictions on activities based
on specified criteria; allowed barbershops and hair salons to reopen indoor operations
at 25% of maximum occupancy and with required modifications, while encouraging
operators to provide as many services as possible outside; and, beginning September
14, 2020, allowed K-12 schools to offer in-school services for a small, stable cohort of
students with Individualized Education Programs or English Learners needing
assessments and/or specialized in-school services, with priority given to students with
disabilities; and
WHEREAS, on September 4, 2020, the United States Center for Disease Control
and Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like
quarantine, isolation, and social distancing – can be an effective public health measure
utilized to prevent the spread of communicable disease,” that eviction moratoria
“facilitate self-isolation by people who become ill or who are at risk for severe illness
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from COVID-19 due to an underlying medical condition” and “allow State and local
authorities to more easily implement stay-at-home and social distancing directives to
mitigate the community spread of COVID-19,” and that “housing stability helps protect
public health because homelessness increases the likelihood of individuals moving into
congregate settings, such as homeless shelters, which then puts individuals at higher
risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order,
applicable in any State or local area without a moratorium on residential evictions that
provides the same or greater level of public-health protections as the requirements in
the order, requiring that, through December 31, 2020, subject to further extension,
modification, or rescission, a landlord, owner of a residential property, or other person
with a legal right to pursue eviction or possessory action shall not evict any covered
person (as defined in the order) from any residential property in any State in which there
are documented cases of COVID-19; and
WHEREAS, on September 8, 2020, the City Council ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Fifth
Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second,
Twenty-Third, and Twenty-Fourth Supplements thereto; resolved that the local
emergency shall be deemed to continue and exist until its termination is proclaimed by
the City Council; and resolved that the supplements being ratified above shall, except
for those portions of earlier supplements that were not extended by the Nineteenth
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Supplement, be operative and remain in effect through September 30, 2020, or any
later date expressly stated within the text of an individual supplement; and
WHEREAS, on September 10, 2020, the Director of Emergency Services issued
a Twenty-Fifth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which permitted the Housing
Commission and Architectural Review Board to conduct certain meetings for identified
purposes;
WHEREAS, on September 18, 2020, the Director of Emergency Services issued
a Twenty-Sixth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which superseded and
replaced Section 1 of the Ninth Supplement to permit some events, activities, programs,
and gatherings scheduled in City facilities by permit or license if they are permitted by
and will be conducted in accordance with all requirements of the County Safer at Home
Order; authorized the Director of the Community Services Director to implement
guidelines and regulations to permit the use of City sites for drive-in movie theaters,
vehicle-based parades, concerts, and other events to the extent permitted by and
conducted in accordance with all requirements of the County Safer at Home Order;
extended the City’s moratorium on evictions of residential tenants for reasons other than
nonpayment of rent through December 31, 2020; extended the eviction moratorium for
nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised First
Supplement) through December 31, 2020, subject to the requirement that for rent due
after September 30, 2020, except for rent due for periods in which the commercial
tenant 1’s business remains closed because the County Safer at Home Order requires it
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to remain closed, the commercial tenant 1 must pay at least 50% of the rent due in
accordance with the terms for payment set out in the tenant’s lease; authorized the
Director of the Community Services Department to promulgate regulations and issue
permits for gym and fitness establishments to engage in commercial fitness activities at
City parks, City park parking lots, and City beaches; superseded and replaced Section 5
of the Revised Fifth Supplement so that penalties related to business licenses for fiscal
year 2020-2021 will begin to accrue as of September 1, 2020 unless an extension
application was timely filed pursuant to the Third Revised Eighteenth Supplement and
penalties related to business improvement district assessments for fiscal year 2020-
2021 are not suspended and will begin to accrue if the assessments are not timely paid;
and, with the same exceptions specified in the Nineteenth, Twenty-Third, and Twenty-
Fourth Supplements (the latter of which extended the expiration of the supplements to
September 30, 2020), extended the expiration of prior supplements that remained in
place to December 31, 2020 unless a later expiration date is provided in an individual
supplement; and
WHEREAS, on September 23, 2020, the Governor of the State of California
issued Executive Order N-80-20 which, among other things, recognizing that numerous
local jurisdictions have determined that promoting stability among commercial tenancies
is necessary to mitigate the economic impacts of COVID-19 and conducive to public
health and that the circumstances warranting these protections continue to exist and are
expected to continue to exist, extended through March 31, 2021 Executive Order N-28-
20’s suspension of any and all provisions of state law that would preempt or otherwise
restrict a local government’s exercise of its police powers to impose substantive
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limitations on commercial evictions with respect to COVID19-related rent payment
issues; and
WHEREAS, on October 2, 2020, as revised October 6, 2020, the Los Angeles
County Department of Public Health issued a revised Reopening Safer at Work and in
the Community For Control of COVID-19 – Moving the County of Los Angeles Into
Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior
Safer at Home Orders, recognized that existing community transmission of COVID-19 in
Los Angeles County remains widespread, noted that there remains a strong likelihood
that increased interactions among members of the public will result in a significant and
increasing number of cases of community transmission, noted that the daily number of
new cases while not currently substantially increasing is still high, and was essentially
equivalent to the September 4 Safer at Home Order with the exception that it added nail
salons to the list of Lower-Risk Businesses allowed to reopen for indoor operations at
25% of maximum occupancy and with required modifications, permitted outdoor dining
at non-restaurant breweries and wineries in compliance with specified conditions, and
permitted children’s playgrounds to open subject to access or use restrictions imposed
by the Health Officer and local government entities to reduce crowding and the risk of
COVID-19; and
WHEREAS, on October 7, 2020, the Director of Emergency Services issued a
Twenty-Seventh Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, that: suspended the issuance
of permits for street performers at the Pier, Third Street Promenade, and Transmit Mall,
with the result that street performers will not be allowed in those spaces during their
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most crowded times, after noon Monday through Friday and on weekends and holidays;
authorized the Director of the Community Development Department to issue regulations
authorizing businesses to post curbside pickup signs on parking meters adjacent to or
near the business and designating spaces in public parking lots where the City may
post curbside pickup signs; temporarily suspended certain Municipal Code requirements
regarding procedures relating to HUD Community Development Block Grants that are
inconsistent with HUD procedures adopted in light of the COVID-19 pandemic; and
authorized the Director of the Community Development Department to issue regulations
regarding and issue temporary use permits for certain uses allowed by the County
Safer at Home Order, including temporary outdoor sales and special events, for a
period longer than 45 days but less than 180 days; and
WHEREAS, on October 9, 2020, the California Department of Public Health,
noting that COVID-19 continues to pose a severe risk to communities and requires all
people in California to follow necessary precautions and to adapt the way they live and
function in light of this ongoing risk, noting that the safest way to gather is to spend time
with people in the same household or to gather virtually, and noting that limiting
attendance at gatherings is a way to reduce the risk of spread and increase the
effectiveness of contact tracing if a positive case is discovered, issued mandatory
guidance for private gatherings that, among other things, limited them to no more than 3
households, required them to occur in space sufficient for everyone to maintain at least
6 feet of physical distance from any others not in their own household, and required the
wearing of face coverings; and
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WHEREAS, on October 14, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer at Home Orders, recognized
that existing community transmission of COVID-19 in Los Angeles County remains
widespread and continues to present a substantial and significant risk of harm to
residents’ health, noted that there remains a strong likelihood that increased interactions
among members of the public will result in a significant and increasing number of cases
of community transmission, noted that the daily number of new cases while not currently
substantially increasing is still high, and was essentially equivalent to the October 6
Safer at Home Order with the exception that, to align with the California Department of
Public Health October 9, 2020 guidance on private gatherings, it allowed private
gatherings of persons from no more than 3 households, but only in compliance with
strict requirements including that they must occur outdoors in a space large enough for
everyone to maintain at least 6 feet of physical distance from any others not in their own
household, be limited to two hours or less, and be conducted in accordance with social
distancing requirements including the wearing of face coverings; and
WHEREAS, on October 23, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer
at Home Orders and was essentially equivalent to the October 14 Safer at Home Order
with the exception that it permitted personal care establishments to offer services
indoors with modifications; permitted batting cages, miniature golf, and go cart racing to
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operate outdoors; clarified that food court dining rooms in an indoor mall or shopping
center must remain closed; increased the percentage of students with individual
education programs and English learners and other high-need students to return to a K-
12 campus; and permitted schools to reopen from TK to second grade for class
instruction with a waiver application approved by the Los Angeles County Department of
Public Health; and
WHEREAS, on October 27, 2020, the City Council ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Fifth
Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second,
Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, and Twenty-Seventh
Supplements thereto; resolved that the local emergency shall be deemed to continue
and exist until its termination is proclaimed by the City Council; and resolved that the
supplements being ratified above shall, except for those portions of earlier supplements
that were not extended by the Nineteenth Supplement, be operative and remain in
effect through December 31, 2020, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on November 13, 2020, noting that the incidence of COVID-19 is
increasing in many states and countries and that travel itself can be a risk for exposure
to COVID-19, the California Department of Health issued a travel advisory, encouraging
Californians to stay home or in their region and avoid non-essential travel to other states
or countries; and
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WHEREAS, on November 16, 2020, the California Department of Public Health
issued Guidance for the Use of Face Coverings, superseding the face covering
guidance it issued on June 18, 2020, that requires persons to wear face coverings when
they are outside of their home, unless an enumerated exemption applies;
WHEREAS, on November 19, 2020, the California Department of Public Health,
citing the recent, unprecedented rate of rise in increase in COVID-19 cases across
California, issued a Limited Stay at Home Order effective from November 21, 2020 at
10 pm PST to 5 am PST on December 21, 2020 in counties under Tier One (Purpose)
of California’s Blueprint for a Safer Economy requiring that all gatherings with members
of other households and all activities conducted outside the residence, lodging, or
temporary accommodation with members of other households cease between 10:00 pm
PST and 5:00 am PST, except for those activities associated with the operation,
maintenance, or usage of critical infrastructure or required by law;
WHEREAS, on November 19, 2020, the Los Angeles County Department of
Public Health issued a revised Reopening Safer at Work and in the Community For
Control of COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order
that superseded all prior Safer at Home Orders and became effective on November 20,
2020 and was essentially equivalent to the October 23 Safer at Home Order with the
exception that it limited the number of persons at private outdoor gatherings to 15
persons and made other clarifications on permissible private outdoor gatherings; limited
the number of customers at outdoor restaurants, breweries, and wineries to 50% of the
establishment’s outdoor capacity and prohibited in-person outdoor dining between the
hours of 10:00 pm and 6:00 am; limited the number of customers at outdoor cardrooms,
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miniature golf, batting cages, and go cart racing to 50% of the establishment’s outdoor
capacity; limited the number of persons at indoor operations for retail, office, and
personal care to 25% capacity; clarified that an essential business must comply with the
social (physical) distancing protocol and all other applicable protocols; and specified the
type of retail food market that must comply with the new protocol for grocery stores and
retail food markets; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued
a Twenty-Eighth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which authorized, and provided
rules and authorized the Director of the Community Development Department to issue
regulations regarding, the temporary extension by certain eligible businesses of their
operations into unused portions of the parking lane on Main Street where the City has
placed K-rails; waived the permit fee for tents larger than 400 square feet for any
special event permit filed with the Santa Monica Fire Department in connection with a
temporary use authorized by Sections 1 to 10 of the Twenty-Eighth Supplement or
Sections 19 to 78 of the Third Revised Eighteenth Supplement; expanded temporary
curbside pickup zones by allowing the designation and use of on-street parking spaces
where no metered spaces are adjacent to the business; clarified that the two-year
extension of deadlines for planning, review, and permit actions implemented by the
Third Revised Eighteenth Supplement does not extend the deadlines for appeals as set
forth in Articles VIII and IX of the Santa Monica Municipal Code; authorized voluntary
temporary disconnection of City water service for commercial property accounts,
excluding fire service accounts, upon payment of a temporary disconnection fee of
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$208.00; clarified that landlords’ service of required Notices of Terminations of Tenancy
in accordance with instructions from the Rent Control Board upon its acceptance of a
notice of intent to Ellis a building will not violate the eviction moratorium, while
specifying that no unlawful detainer action based on removal of a unit from the rental
market pursuant to the Ellis Act may be filed until sixty days after the expiration of the
Twenty-Eighth Supplement; and extended the suspensions of water service shut off and
imposition of late payment penalties for unpaid or delinquent water, sewer, and/or
refuse and recycling collection bills through March 31, 2021; and
WHEREAS, on November 25, 2020, the Los Angeles County Department of
Public Health issued a revised Reopening Safer at Work and in the Community For
Control of COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order
that superseded all prior Safer at Home Orders; recognized the recent steep surge of
COVID-19 cases and large increases in hospitalizations and testing positivity rates in
the County; noted that existing community transmission of COVID-19 in Los Angeles
County remains widespread and continues to present a substantial and significant risk
of harm to residents’ health; noted that there remains a strong likelihood that increased
interactions among members of the public will result in a significant and increasing
number of cases of community transmission; noted that because even people without
symptoms can transmit the virus and because evidence shows the infection is easily
spread, preventing, limiting, and placing conditions on various types of gatherings and
other direct and indirect interpersonal interactions have been proven to reduces the risk
of transmitting the virus; and was essentially equivalent to the November 19 Safer at
Home Order with the exceptions that it: aligned the County Safer at Home Order with
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California’s November 19, 2020 Limited Stay at Home Order (effective November 21 at
10:00 pm PST) by requiring that all gatherings with members of other households and
all activities conducted outside the residence, lodging, or temporary accommodation
with members of other households cease between 10:00 pm PST and 5:00 am PST,
except for those activities permitted by the Safer at Home Order or required by law;
required restaurants, breweries, and wineries to only offer food and beverage via take-
out, prohibiting both indoor and outdoor on-site food and beverage service, for the
period November 25 through at least December 17, 2020; and
WHEREAS, on November 28, 2020, the Los Angeles County Department of
Public Health issued a Temporary Targeted Safer at Home Health Officer Order for
Control of COVID-19: Tier 1 Substantial Surge Response, effective from 12:01 am PST
on November 30, 2020 to 11:59 pm PST on December 20, 2020, that, for this time
period, temporarily replaces the November 25, 2020 Safer at Home Order; recognized
the recent substantial rise in COVID-19 cases, hospitalizations, and deaths in Los
Angeles County; stated the Health Officer’s expectation that both the number of new
cases and hospitalizations will continue to rapidly increase over the next 21 days; and,
among other things: directs all persons to stay home, except to travel to and from
Essential Businesses, to work at or provide service to a Healthcare Operation or
Essential Infrastructure, to work at, perform or obtain services from an Essential
Governmental Function, or to participate in permitted individual or household activities
while practicing social distancing; prohibits all public and private gatherings and events
with people from more than one household except for outdoor faith-based services and
outdoor protests, and as permitted in paragraph 9 of the order; requires all persons
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leaving their residences to strictly comply with Social (Physical) distancing
requirements, including wearing a face covering or mask over both the nose and mouth
whenever they are or can be in contact with or waking near or past others who are non-
household members in both public and private places, whether indoors or outdoors;
maintains the requirement that all permitted activities with individuals of other
households and all activities conducted outside the residence, lodging, or temporary
accommodation with members of other households must cease between 10:00 pm and
5:00 am (PST) except for those activities associated with the operation, maintenance, or
usage of an Essential Business, Healthcare Operation, Essential Infrastructure,
Essential Government Function, or required by law; maintains the closure of onsite
indoor and outdoor dining at all restaurants, allowing them to open only for takeout and
delivery; requires the closure of playgrounds, except for playgrounds located within
childcare centers or schools; and imposes stricter capacity and other limitations on
many Lower-Risk Businesses and permitted activities; and
WHEREAS, on November 30, 2020, the Director of Emergency Services issued
a Twenty-Ninth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which extended to January 31,
2021, the moratorium on evictions of residential tenants for reasons other than
nonpayment of rent; extended to January 31, 2021, the moratorium on evictions of
commercial tenant 1s (as defined in the Fifth Revised First Supplement) for nonpayment
of rent, subject to the limitation the moratorium would apply to certain commercial tenant
1s only if they paid 50% of rent due for certain periods after September 30, 2020;
extended to January 31, 2021, the authorization for expanded temporary curbside
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pickup zones; authorized the Housing Commission to meet to review and make
recommendations regarding the update to the City’s Housing Element; and suspended
through March 31, 2021 late payment penalties for unpaid or delinquent Transient
Occupancy Taxes collected by hotels for periods beginning on or after November 1,
2020 (an earlier suspension of such penalties expired as of June 30, 2020); and
WHEREAS, on December 3, 2020, the California Department of Health, citing
the unprecedented surge in the level of community spread of COVID-19, noting current
projections showing that without additional intervention to slow the spread of COVID-19
the number of available adult Intensive Care Unit (“ICU”) beds in California will be at
capacity in mid-December, and finding that because the rate of increases in new cases
continues to escalate and threatens to overwhelm the state’s hospital system further
aggressive action is necessary, imposed, effective December 5, 2020 at 12:59 pm PST,
a regional stay at home order that, when adult ICU bed capacity for any region is less
than 15% (a threshold currently reached by the Southern California region that includes
Los Angeles County), among other things: prohibits all gatherings with members of
other household except as expressly permitted by the order; requires all individuals to
stay home or at their place of residence except as necessary to conduct activities
associated with the operation, maintenance, or usage of critical infrastructure, as
required by law, or as specifically permitted by the order; permits worship and political
expression outdoors, consistent with existing guidance for those activities; and requires
all retailers allowed to operate indoors to do so at no more than 20% capacity in
accordance with guidance for retailers; and
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WHEREAS, on December 6, 2020, the Los Angeles County Department of
Public Health issued a Revised Temporary Targeted Safer at Home Health Officer
Order for Control of COVID-19: Tier 1 Substantial Surge Updated Response, effective
from 12:01 am PST on December 6, 2020 until at least 11:59 pm PST on December 27,
2020, that, for this time period, temporarily replaces the November 25, 2020 Safer at
Home Order and supersedes the November 30, 2020 Safer at Home Order and, among
other things: requires lower-risk retail businesses to conduct entrance metering of
customers and prohibit eating or drinking inside such businesses; requires indoor and
outdoor malls and shopping centers to conduct entrance metering of customers and
encourages special hours to be instituted for seniors and those with chronic conditions
or compromised immune systems; prohibits recreational overnight stays at
campgrounds; prohibits hotels, motels, and shared rental units from accepting or
honoring out-of-state reservations for non-essential travel that are for a period of less
than 14 days; and modifies the maximum indoor capacity for essential retail businesses
to 20%; and
WHEREAS, on December 8, 2020, the Director of Emergency Services issued a
Thirtieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which, to assist with the City’s Buy Local
initiative that encourages shopping at local businesses, authorized suspension of hourly
parking fees for daily short-term visitors in City parking structures 1 through 6 for the
period from December 11 through 26, 2020; and superseded and replaced Sections 1
through 3 of the Seventh Supplement with amended rules regarding off-site and retail
alcohol sales that, in particular, add the requirement that authorized sales of to-go
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alcoholic beverages may be delivered to customers only at the same time as the
required accompanying meals; and
WHEREAS, on December 15, 2020, the City Council ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Fifth
Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second,
Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-
Eighth, and Twenty-Ninth Supplements thereto; resolved that the local emergency shall
be deemed to continue and exist until its termination is proclaimed by the City Council;
and resolved that the supplements being ratified above shall, except for those portions
of earlier supplements that were not extended by the Nineteenth Supplement, be
operative and remain in effect through December 31, 2020, or any later date expressly
stated within the text of an individual supplement; and
WHEREAS, on December 19, 2020, the Los Angeles County Department of
Public Health, in response to the sustained and substantial rise in COVID-19 cases,
hospitalizations, and deaths, issued a Revised Temporary Targeted Safer at Home
Health Officer Order for Control of COVID-19: Tier 1 Substantial Surge Updated
Response, effective from 12:01 am PST on December 19, 2020 until at least 11:59 pm
PST on December 27, 2020, that, for this time period, temporarily replaces and
supersedes the earlier Safer at Home and Temporary Targeted Safer at Home Orders
and is substantially equivalent to the December 6, 2020 Temporary Targeted Safer at
Home Order with the exceptions, among others, that it specifies that the required
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closure of personal care establishments does not extend to medical massage that is
done based on a referral by a physician or chiropractor; specifies that all employees of
any non-retail Lower-Risk Business that is a manufacturing and logistics sector
business that supplies Lower-Risk Retail Businesses must wear a face covering over
the nose and mouth at all times while present at work; specifies that outdoor seating at
indoor and outdoor malls, shopping centers, swap meets, and restaurants is closed to
the public; specifies that overnight stays at campgrounds are permissible if used for
COVID-19 mitigation and containment measures, providing accommodation for
essential workers or those displaced as a result of fire or other emergency, or providing
housing solutions to protect homeless populations; and, to align with recent Supreme
Court rulings for places of worship, permits attendance at in-person faith-based services
or practices, both indoors and outdoors, subject to compliance with physical distancing
and infection control requirements; and
WHEREAS, on December 22, 2020, the California Department of Public Health
issued a Supplement to its November 19, 2020 Limited Stay at Home Order, extending
that order such that it will remain in place until and expire only after the December 3,
2020 Regional Stay at Home Order has terminated in all regions in the State of
California; and
WHEREAS, on December 22, 2020, the Director of Emergency Services issued
a Thirty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which extended the moratorium on
evictions of residential tenants for reasons other than non-payment of rent through
March 31, 2021; required landlords to report efforts to evict residential tenants by
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emailing the City Attorney’s Office at EMReports@smgov.net unredacted copies of any
notices provided in an effort to evict, including any termination notice (for example, the
15-day notice required by the COVID-19 Tenant Relief Act of 2020) or a Summons and
Complaint for Unlawful Detainer, within two days of serving any such notice on a tenant;
provided that the Annual Taxicab Vehicle Permit Fee for the period beginning February
1, 2020, and ending January 31, 2021, will be based on the actual number of taxicab
vehicles in operation rather than the number of taxicab vehicles permitted to operate;
with prior specified exceptions, extended the expiration of prior supplements that
remained in place to January 31, 2021 -- two new exceptions to the extension were: (a)
the suspension of preferential parking enforcement in all zones other than zone 3 was
extended only through January 3, 2021, with the result that enforcement of preferential
parking would resume in all blocks in all zones in the City as of 12:01 am January 4,
2021; and (b) the limitations on and suspensions of conducting meetings of City Boards,
Commissions, and other appointed bodies were lifted as of December 31, 2020, with
the result that beginning January 1, 2021, meetings could be conducted in accordance
with the direction provided by the City Council at its December 15, 2020 meeting; and
WHEREAS, on December 27, 2020, the Los Angeles County Department of
Public Health, in response to the sustained and substantial rise in COVID-19 cases,
hospitalizations, and deaths, extended its December 19, 2020 Revised Temporary
Targeted Safer at Home Health Officer Order for Control of COVID-19: Tier 1
Substantial Surge Updated Response, effective from 11:59 pm PST on December 27,
2020 to remain in effect for as long as the State Public Health Officer’s Regional Stay at
Home Order remains in effect in the Southern California Region; and
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WHEREAS, on December 29, 2020, the Los Angeles County Department of
Public Health, in response to the sustained and substantial rise in COVID-19 cases,
hospitalizations, and deaths, issued a Revised Temporary Targeted Safer at Home
Health Officer Order for Control of COVID-19: Tier 1 Substantial Surge Updated
Response, effective from 11:59 pm PST on December 29, 2020, to remain in effect for
as long as the State Public Health Officer’s Regional Stay at Home Order remains in
effect in the Southern California Region, that was substantially equivalent to the
December 19, 2020 Temporary Targeted Safer at Home Order, as extended December
27, 2020, with the exception that it added a requirement that persons arriving int he
County of Los Angeles from other states or countries on non-essential travel, including
returning Count of Los Angeles or California residents, must practice self-quarantine for
10 days after arrival, limiting their interactions to those within their immediate
household; and
WHEREAS, on December 30, 2020, the Los Angeles County Department of
Public Health, in response to the sustained and substantial rise in COVID-19 cases,
hospitalizations, and deaths, issued a Revised Temporary Targeted Safer at Home
Health Officer Order for Control of COVID-19: Tier 1 Substantial Surge Updated
Response, effective from 11:59 pm PST on December 30, 2020, to remain in effect for
as long as the State Public Health Officer’s Regional Stay at Home Order remains in
effect in the Southern California Region, that was substantially equivalent to the
December 29, 2020 Temporary Targeted Safer at Home Order, with the exception that
it added an Appendix W: Mandatory Directive on Travel to establish rules for mandatory
quarantine after non-essential travel, and modified the requirements for return from
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travel to provide that, except as provided in Appendix W, persons arriving in the County
of Los Angeles from anywhere outside of the Southern California Region on or from
non-essential travel, including returning County of Los Angeles residents, must self-
quarantine for 10 days after arrival, staying at home or another place of temporary
shelter and away from contact with others, including those in one’s household (unless
they are also under quarantine) for a period of at least 10 days if no COVID-19
symptoms develop; and
WHEREAS, on January 5, 2021, the County of Los Angeles, citing the
continued, unprecedented public health and economic crisis due to the COVID-19
pandemic, noting the expiration on January 31, 2021 of both the AB 3088 eviction
protections to residential tenants who are unable to pay rent during the COVID-19
emergency and the AB 3088 preemption of actions by local governments to protect
residential tenants from eviction for nonpayment of rent due to financial distress related
to COVID-19, and noting the critical importance as winter months and colder
temperatures arrive of continuing protections that can keep residents in their homes and
off the streets, adopted a resolution extending the County’s eviction moratorium through
February 28, 2021, with further extensions to be reevaluated every thirty days, and
applying the moratorium to nonpayment of rent incurred between February 1, 2021 and
February 28, 2021 by both commercial and residential tenants so long as the reason for
nonpayment is financial impacts related to COVID-19 and the tenants have provided
notice to their landlords of their inability to pay within seven days after the date that rent
was due; and
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WHEREAS, on January 11, 2021, the Los Angeles County Department of Public
Health, in response to continuing increases in COVID-19 cases, hospitalizations, and
deaths, issued an urgent plea for everybody to be extremely cautious and very careful;
to avoid, as much as possible, contact with others that are not in their households; and
when they must go out, to work or for essential services, to always wear a mask, keep
their distance form others, wash their hand frequently, and bring sanitizing wipes with
them to wipe down cell phones, car keys, workstations, door handles, and anything else
they touch and other people are touching; and
WHEREAS, on January 19, 2021, the Director of Emergency Services issued a
Thirty-Second Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which extended the City’s
moratorium on evictions of residential tenants for non-payment of rent due to the
financial impacts of COVID-19 to apply to rent due and unpaid during the period
February 1, 2021 through March 31, 2021; extended the moratorium on eviction for
nonpayment of rent by a commercial tenant 1 to apply to rent due and unpaid due to the
financial impacts of COVID-19 through March 31, 2021, and extended the date by which
a commercial tenant 1 may repay unpaid rent from June 30, 2021 to September 30,
2021; subject to exceptions specified in the Nineteenth and Thirty-First Supplements,
extended the expiration of prior supplements that remained in place to March 31, 2021;
and authorized BBB to modify its existing agreement with the entity that markets
advertising on BBB buses; and
WHEREAS, on January 20, 2021, President Biden signed an executive order
mandating that the United States Center for Disease Control extend its current eviction
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moratorium until at least March 31, 2021, and the Director of the CDC, noting that the
COVID-19 pandemic has presented a historic threat to our nation’s health and also
triggered a housing affordability crisis that disproportionately affects some communities,
announced that it was extending its order temporarily halting residential evictions until at
least March 31, 2021; and
WHEREAS, on January 25, 2021, noting that while there are positive signs that
COVID-19 is spreading at a slower rate across the state the COVID-19 pandemic is far
from over; that it is still critical that Californians continue to wear masks when they leave
their homes, maintain physical distance of at least 6 feet, wash their hands frequently,
avoid gatherings and mixing with other households, and follow all state and local health
department guidance and get the vaccine when it is their turn; and that the majority of
counties remain in the strictest, or purple, tier that indicates which activities and
businesses may open based on local case rates and test positivity, the California
Department of Health ended the state’s Regional Stay at Home Order, allowing all
counties statewide to return to the rules and framework of the Blueprint for a Safer
Economy; and
WHEREAS, on January 25, 2021, the Los Angeles County Department Public
Health, in light of the California Department of Public Health’s lifting of the State’s
Regional Stay at Home Order, reinstated the November 25, 2020 County Safer at Home
Order with additional updates, including modified guidance for attending faith-based
services; and
WHEREAS, on January 26, 2021, the City Council ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Fifth
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Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second,
Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-
Eighth, Twenty-Ninth, Thirtieth, Thirty-First, and Thirty-Second Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council; and resolved that the supplements being
ratified above shall, except for those portions of earlier supplements that were not
extended by the Nineteenth and Thirty-First Supplements, be operative and remain in
effect through March 31, 2021, or any later date expressly stated within the text of an
individual supplement; and
WHEREAS, on January 28, 2021, the Director of Emergency Services issued a
Thirty-Third Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which permitted satellite outdoor dining
in portions of the roadway in the Third Street Promenade pursuant to limitations set out
in the supplement and regulations to be issued by the Director of the Community
Development Department; given the pending expiration of AB 3088’s eviction
protections for residential tenants for nonpayment of rent due to COVID-19 financial
distress, extended the City’s moratorium on evictions of residential tenants for non-
payment of rent due to the financial impacts of COVID-19 to apply to rents due and
unpaid during the period February 1, 2021 through June 30, 2021; and extended the
City’s moratorium on evictions of tenants for reasons other than nonpayment of rent
through June 30, 2021;
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WHEREAS, on January 29, 2021, California enacted SB 91, which extended the
expiration of the state moratorium on evictions for nonpayment of rent due to COVID-19
financial distress from February 1, 2021 to July 1, 2021, and included provisions
preempting local eviction moratoriums; and
WHEREAS, on January 29, 2021, the Los Angeles County Department Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that
superseded all prior Safer at Home Orders; noted the recent decline of COVID-19
cases, hospitalizations, and testing positivity rates in the County, while also noting that
the County remained in the most restrictive tier of the State’s Blueprint for a Safer
Economy and the community transmission of COVID-19 even as daily case counts were
decreasing remained high and widespread within the County; and revised the January
25, 2021 Safer at Home Order to reopen some additional businesses with updated
protocols and remove the closure of Lower-Risk Retail Business between the hours of
10:00 pm – 5:00 am; and
WHEREAS, on February 10, 2021, the Los Angeles County Department Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that
superseded all prior Safer at Home Orders and modified the January 29, 2021 Safer at
Home Order in light of a recent U.S. Supreme Court decision and subsequent change
made by the State related to restrictions on ;aces of worship, permitted places of
worship to open for indoor services limited to 25% of indoor capacity and continued
compliance with specified conditions; and
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WHEREAS, on February 18, 2021, the Los Angeles County Department Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that
superseded all prior Safer at Home Orders and modified the February 10, 2021 Safer at
Home Order to note that per the State consolidated framework and guidance, when the
Los Angeles County adjusted daily case rate has been less than 25 per 100,000
population for five consecutive days and the school has met all state and county
requirements for reopening, schools may open for in person instruction for students in
grades TK-6; and
WHEREAS, on March 5, 2021, the California Department of Public Health
updated the activity and business tiers under its Blueprint for a Safer Economy to
provide for modified criteria for the tiers depending on levels of vaccination; and
WHEREAS, on March 12, 2021, the Los Angeles County Department Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that
superseded all prior Safer at Home Orders; noted that Los Angeles County would be
entering the Red Tier of the State’s Blueprint for a Safer Economy effective March 13,
2021; lifted some local activity-specific restrictions effective 12:01 am, Monday, March
15, 2021; but noted that Los Angeles County continues to experience rates of COVID-
19 transmission, the danger COVID-19 poses has not subsided, most people in our
community are still not vaccinated, and new variants of the virus that may spread more
easily or cause more severe illness are present in Los Angeles County, though their
impact on the local pandemic is largely unknown; and cautioned that businesses,
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entities, and residents should continue exercising caution even as certain restrictions
are lifted; and
WHEREAS, on March 19, 2021, the Director of Emergency Services issued a
Thirty-Fourth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which modified the authorization for
temporary curbside pickup zones so that as of April 1, 2021, they will be allowed only
for restaurants and not for other businesses; and with specified exceptions, extended
the expiration of prior supplements that remain in place to April 30, 2021, with later
expiration dates stated in specific supplements remaining unchanged -- provisions not
being extended will result in: (a) impositions of late payment penalties for unpaid or
delinquent transient occupancy taxes resuming as of April 1, 2021; and (b) the eviction
moratorium for commercial tenant 1s not being extended, with the result that it will not
apply to rent that becomes due after March 31, 2021; and
WHEREAS, on March 23, 2021, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised
First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth,
Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth,
First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third,
Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-
Ninth, Thirtieth, Thirty-First, Thirty-Second, and Thirty-Third Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council; and resolved that the supplements being
ratified above shall, except for those portions of earlier supplements that were not
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extended by the Nineteenth and Thirty-First Supplements, be operative and remain in
effect through March 31, 2021, or any later date expressly stated within the text of an
individual supplement; and
WHEREAS, on March 24, 2021, the Director of Emergency Services issued a
Corrected Thirty-Fourth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency, which corrected a
typographic error in Section 10 of the Thirty-Fourth Supplement regarding the time
periods of rent to which the eviction moratorium for commercial tenant 1s, as defined in
the Fifth Revised First Supplement, would apply; and
WHEREAS, on April 2, 2021, the United States Center for Disease Control and
Prevention issued an updated advisory regarding domestic travel during COVID-19,
which recommended delaying travel until fully vaccinated; continued to require the
wearing of masks on planes, buses, trains, and other forms of public transportation
traveling into, within, or out of the United States and U.S. transportation hubs such as
airports and stations; and continued to require staying at least 6 feet from anyone not a
traveling companion; and
WHEREAS, on April 2, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Orange Tier Risk Reduction Measures order that,
effective April 5, 2021, superseded all prior Safer at Home Orders; made revisions
reflecting the County’s move into the Orange Tier of the State’s Blueprint for a Safer
Economy; added new protocols for Outdoor Seated Live Events and Performances,
Amusement Parks and Theme Parks, and Bars with a low-risk public health food facility
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permit; and increased capacity limits while maintaining Social (Physical) Distancing and
masking requirements for the following sectors – Restaurants, Breweries, and Wineries,
Cardrooms, Places of Worship, Family Entertainment Centers, Shopping Malls, Retail,
Fitness Centers, Personal Care Establishments, Limited Services, Movie Theaters,
Museums, and Institutes of Higher Education, but noted that as the County moves into
the Orange tier, even as daily case counts, hospitalizations, and deaths are decreasing,
community transmission of COVID-19 remains at a moderate level and continues to
present a substantial and significant risk of harm to residents’ health; vaccinations are
occurring as quickly as supplies allow but most people in our community are still not
vaccinated; new variants of the virus that may spread more easily or cause more severe
illness are present in our county, but their impact on our local epidemic is largely
unknown; and reopening requires that all individuals and businesses use particular care
and do their part to make activities as safe as possible by strictly and consistently
wearing masks and following physical distancing requirements and all other business-
or activity-specific safety protocols; and
WHEREAS, on April 6, 2021, the California Department of Public Health
announced that, as California reached 20 million vaccines administered and COVID-19
case rates and hospitalizations have stabilized, effective June 15, 2021, California will
move beyond the Blueprint for a Safer Economy to fully reopen the economy, with all
industries across the state returning to usual operations, with the continuation of
common-sense, limited public health restrictions such as masking, testing, testing or
vaccination verification requirements for large-scale higher-risk events, and workplace
policies that reduce risk, including remote work when possible without impacting
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business operations, if two criteria are met: (1) vaccine supply is sufficient for
Californians 16 years or older who wish to be inoculated to obtain an appointment to
receive the inoculation within two weeks; and (2) hospitalizations are stable and low,
and specifically, hospitalizations among fully vaccinated individuals are low; and
WHEREAS, on April 11, 2021, the Los Angeles County Department of Public
Health issued an updated Travel Advisory and Guidance, consistent with the Centers
for Disease Control and Prevention guidance, advising that fully vaccinated persons
may travel but should continue to take precautions and, if asymptomatic, on return from
domestic travel, no quarantine or testing is required; but continuing to advise that until
they are fully vaccinated, Los Angeles County residents should continue to avoid all
non-essential travel outside of California, and requiring that all non-essential travelers
who are not fully vaccinated must quarantine on arriving in or returning to Los Angeles
County from other states or countries; and
WHEREAS, on April 14, 2021, the Los Angeles County Department Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy – Orange Tier Risk Reduction Measures
order that, effective April 15, 2021, superseded all prior Safer at Home Orders; added
new reopening protocols for Indoor Seated Live Events and Performances and Private
Events (meetings, receptions, and conferences); added Guidance for Informal Social
Gatherings, which replaced the prior guidance for private gatherings; and added Fairs to
the protocol for Amusement and Theme Parks, but noted that as the County continues
in the Orange tier, daily case counts, hospitalizations, and deaths remain at moderate
levels; community transmission of COVID-19 remains at a moderate level and continues
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to present a substantial and significant risk of harm to residents’ health; vaccinations are
occurring as quickly as supplies allow but most people in our community are still not
vaccinated; new variants of the virus that may spread more easily or cause more severe
illness are present in our county, but their impact on our local epidemic is largely
unknown; to keep our community safe, it remains important that all residents continue to
follow core principles and practices, including consistent and correct use of masks,
physical distancing from those who do not live with you, avoiding crowds, and getting
vaccinated when possible; and people at risk for severe illness with COVID-19, such as
unvaccinated older adults and unvaccinated individuals with health risks, and members
of their household should defer participating at this time in activities with other people
outside their household where taking protective measures of wearing face masks and
social distancing may be difficult, especially indoors or in crowded spaces; and
WHEREAS, on April 27, 2021, the Director of Emergency Services issued a
Thirty-Fifth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which with specified exceptions,
extended the expiration of prior supplements that remained in place until June 15, 2021;
except, however, if a later date is stated in a specified supplement, for imposition of late
payment penalties for unpaid or delinquent Certified Unified Program Agency (CUPA)
and Fire Prevention Inspection charges, which may resume as of May 1, 2021, or for
the issuance of performance permits for street performers on the pier, Third Street
Promenade, and Transit Mall, which will resume May 1, 2021, subject to the
requirement that all performers comply with all social distancing and infection control
protocols imposed by applicable State and County public health orders; in light of the
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prior suspension of 2020 performance permits, those permits will remain valid for the
period May 1, 2021 through December 31, 2021; and
WHEREAS, on May 5, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Yellow Tier Risk Reduction Measures order that,
effective May 6, 2021, superseded all prior Safer at Home Orders; made revisions
reflecting the County’s move into the Yellow Tier of the State’s Blueprint for a Safer
Economy, including, but not limited to, modifications to protocols authorizing certain
businesses to reopen with specified capacity restrictions, but noted that as the County
moves into the Yellow tier, even as daily case counts, hospitalizations, and deaths are
decreasing, most people in our community are still not fully vaccinated and remain
susceptible to infection and the revision of reopening protocols does not mean that the
activities are safe and without risk;
WHEREAS, on May 14, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Yellow Tier Risk Reduction Measures order that,
effective that same day, superseded all prior Safer at Home Orders, and was largely the
same as the May 5, 2021 Safer at Home Order, with the exception that it clarified that
professional services businesses, including residential and commercial real estate,
should operate in compliance with Appendix A: Social Distancing; and;
WHEREAS, on May 18, 2021, the Director of Emergency Services issued a
Thirty-Sixth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced the
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First Revised Twentieth Supplement issued July 15, 2020, to modify the City’s
requirements regarding the wearing of face coverings to mesh with the State and
County’s latest guidance regarding the continued use of face coverings (including in
certain situations even by those who have been fully-vaccinated) through at least June
15, 2021, and sunset provisions from Sections 3(b), 4, and 5 of the Revised Fifth
Supplement issued March 18, 2020, to permit the resumption of imposition of late
payment penalties for unpaid or delinquent parking citations, enforcement of parking
restrictions and limitations in Green Parking Zones, and towing for violations of the
California Vehicle Code related to delinquent parking citations and expired registration;
and
WHEREAS, on May 21, 2021, the California Department of Public Health
announced that, other than for mega events (those with crowds greater than 5,000 for
indoor events and 10,000 for outdoor events), beginning on June 15, 2021, the State
will not impose on businesses restrictions on capacity and physical distancing; and
WHEREAS, on May 21, 2021, the Los Angeles County Department of Public
Health announced that the County will align with the State’s June 15, 2021 reopening
plans that ease many capacity limits and distancing requirements for businesses;
WHEREAS, effective May 22, 2021, the City Council ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Fifth
Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second,
Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-
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Eighth, Twenty-Ninth, Thirtieth, Thirty-First, Thirty-Second, Thirty-Third, Corrected
Thirty-Fourth, and Thirty-Fifth Supplements thereto; resolved that the local emergency
shall be deemed to continue and exist until its termination is proclaimed by the City
Council; and resolved that the supplements being ratified above shall, except for those
portions of earlier supplements that were not extended by the Nineteenth, Thirty-First,
Corrected Thirty-Fourth, and Thirty-Fifth Supplements, be operative and remain in effect
through June 15, 2021, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, on June 2, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Yellow Tier Risk Reduction Measures order that
superseded all prior Safer at Home Orders; made revisions to permit the operation of
Overnight Organized / Children’s Camps in compliance with requirements of a newly
promulgated opening protocol for these businesses and with prior notice of intended
operation to County Environmental Health to allow sufficient time for an inspection of
the premises before reopening, and continued to note that most people in our
community are still not fully vaccinated and remain susceptible to infection, new variants
of the virus that may spread more easily or cause more severe illness are present in our
county though their impact on the local pandemic remains largely unknown, several
other states including Oregon, Nevada, Utah, and Arizona are experiencing a recent
increase in case and hospitalization rates, and all persons should continue to practice
physical distancing and COVID-19 infection control measures at all times when among
other persons when in community, work, social, or school settings; and
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WHEREAS, on June 8, 2021, the City Council adopted Emergency Ordinance
No. 2673, which established Santa Monica Municipal Code Chapter 6.40 to implement
the Santa Monica Outdoors program and continue the authorization for eligible
businesses temporarily to use certain public outdoor space for dining and other
business activities and Emergency Interim Zoning Ordinance No. 2674, authorizing
temporary use of private outdoor space; temporary permitted uses for emergency
shelters, public safety facilities, and drive-through facilities for COVID-19 testing and
vaccination purposes; and flexibility in issuance of temporary use permits and alcoholic
beverage sales, which ordinances became effective immediately upon their adoption, as
well as two resolutions (Resolutions Nos. 11339 and 11340) extending certain fee
waivers for use of public property through January 1, 2022, and established certain fees
for use of public property effective January 1, 2022; and
WHEREAS, on June 11, 2021, the Governor of California issued Executive Order
N-07-21, which noted that over the last 15 months the effective actions of Californians
have successfully curbed the spread of COVID-19, resulting in dramatically lower
disease prevalence and death in the State; noted that as of June 9, 2021, 54.3% of
eligible Californians have received a full course of COVID-19 vaccination, raising the
level of overall immunity in the States; noted that given the current outlook, it is
appropriate to reevaluate existing public health directives to allow for a full reopening of
California while maintaining caution and vigilance as California continues to increase
vaccination rates and monitor COVID-19 variants; rescinded Executive Order N-33-20,
issued on March 19, 2020, setting forth the Stay-at-Home Order; and rescinded
Executive Order N-60-20, issued on May 4, 2020, directing the State Public Health
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Officer to issue a risk-based framework for reopening the economy, along with all
restrictions on businesses and activities deriving from that framework, including all
aspects of the Blueprint for a Safer Economy; and
WHEREAS, on June 11, 2021, the Governor of California issued Executive Order
N-08-21, which noted that as a result of the effective actions Californians have taken, as
well as the successful and ongoing distribution of COVID-19 vaccines, California is
turning a corner in its fight against COVID-19; noted that in light of the current state of
the COVID-19 pandemic in California, it was appropriate to roll back certain provisions
of prior COVID-19 related Executive Orders; noted that certain provisions of prior
COVID-19 related Executive Orders remained necessary to continue to help California
respond to, recover from, and mitigate the impacts of the COVID-19 pandemic; noted
that the termination of certain provisions of prior COVID-19 Executive Orders during this
stage of the emergency would compound the effects of the emergency and impede the
State’s recovery by disrupting important governmental and social functions; and, subject
to individual conditions described in the order, extended specific provisions of identified
prior Executive Orders issued by the Governor in response to the COVID-19 pandemic
to have full force and effect through and expire as of June 30, 2021, July 31, 2021, or
September 30, 2021; and
WHEREAS, on June 11, 2021, the California Department of Public Health issued
a State Public Health Officer Order, effective June 15, 2021, which superseded the
earlier Public Health Officer Orders issued March 19, 2020, May 7, 2020, July 13, 2020,
and August 28, 2020; noted that California has made significant progress in vaccinating
individuals and reducing community transmission; noted that the COVID-19 vaccines
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are effective in preventing infection, disease, and spread; noted that unvaccinated
persons are more likely to get infected and spread the virus which is transmitted through
the air an concentrates indoors; noted that we must remain vigilant against variants of
the disease especially given high levels of transmission in other parts of the world and
due to the possibility of vaccine escape; noted that COVID-19 remains a concern to
public health and, in order to prevent its spread, limited and temporary public health
requirements remain necessary at this time; ordered that all individuals must follow the
requirements in the Guidance for the Use of Face Coverings issued by the California
Department of Public Health; ordered that all individuals must follow the requirements
for Mega Events in the Beyond the Blueprint for Industries and Business Sectors issued
by the California Department of Public Health, pending a review to be completed by no
later than September 1, 2021; ordered that all individuals must continue to follow the
requirements in the current COVID-19 Public Health Guidance for K-12 Schools in
California, the current COVID-19 Public Health Guidance for Child Care Programs and
Providers, and the portions of the current K-12 Schools guidance that have been made
explicitly applicable to day camps and other supervised youth activities; and noted that
the California Department of Public Health will continue to offer additional, non-
mandatory public health recommendations and guidance related to COVID-19, that the
public will be encouraged to follow to keep themselves, their families, and their
communities healthy; and
WHEREAS, on June 14, 2021, the Los Angeles County Department Public
Health issued a Safer Return Together at Work and in the Community Beyond the
Blueprint for a Safer Economy – Encouraging COVID-19 Vaccination Coverage with
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Limited Risk Reduction Measures, effective and reissued with minor revisions on June
15, 2021, which superseded prior County Health Officer orders; rescinded most Los
Angeles County Department of Public Health sector-specific protocols and aligned with
the State Beyond the Blueprint for Industry and Business Sectors and the
accompanying memoranda and orders of the State Public Health Officer; noted that
there is a 7-day average of approximately 200 new cases of COVID-19 reported daily in
Los Angeles County which indicates a continued risk of COVID-19 for those who are not
or cannot be vaccinated against COVID-19; continued to place certain safety
requirements on individuals, including masking requirements in some settings
consistent with federal and state rules; and urged everyone, especially those who are
not or cannot be vaccinated against COVID-19, to continue to exercise caution and
good judgment as physical distancing requirements and capacity limitations are
removed; and
WHEREAS, on June 14, 2021, the Director of Emergency Services issued a
Thirty-Seventh Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which, in lieu of prior City-
specific requirements for social distancing and the wearing of face coverings, all of
which were not extended, implemented and authorized the enforcement of all directives
included in the California Department of Public Health’s Guidance for the Use of Face
Coverings and all directives in the County Department of Health’s Safer at Home Order,
including any amendments and successors to those Orders; and, with specified
exceptions, extended the expiration of prior supplements that remained in place to July
15, 2021 -- exceptions to the extension were the following: provisions of various prior
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supplements relating to business use of outdoor public and private space that were
superseded by the City Council’s June 8, 2021 adoption of Emergency Ordinance No.
2673, Emergency Interim Zoning Ordinance No. 2674, and two resolutions (Nos. 11339
and 11340) establishing and waiving certain fees for use of public property; specified
provisions (all specifically identified and described in Section 3 of the Order) in various
prior supplements that were being rolled back in light of decreasing COVID-19 case
rates and increasing vaccination rates that had led to significant modifications to State
and County public health requirements and the State’s anticipated June 15, 2021, full
reopening; and the City’s eviction moratorium for residential tenants for reasons other
than non-payment of rent, which was not extended but remained in place through June
30, 2021, subject to any subsequent order that might extend that date; and
WHEREAS, on June 22, 2021, the Los Angeles County Board of Supervisors
adopted a resolution further amending and restating the County’s executive order for an
eviction moratorium during the existence of a local health emergency regarding COVID-
19, which, among other things, applies to incorporated cities within Los Angeles County;
applies to nonpayment eviction notices, no-fault eviction notices, unlawful detainer
actions served and/or filed on or after March 4, 2020, and other civil actions, including,
but not limited to, actions for repayment of rental debt accrued on or after March 4,
2020; provides that residential tenants who are unable to pay rent incurred during the
period July 1, 2021 through September 30, 2021, are protected from eviction under the
moratorium extended by the resolution, so long as the reasons for nonpayment was
financial impacts related to COVID-19 (as defined in the resolution) and the residential
tenant has provided notice to the landlord within seven (7) days after the date rent was
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due – residential tenants are required to repay unpaid rent incurred during this period
within twelve (12) months from the expiration of the period; provides that, with a
specified exception for certain owner move-ins to single family homes) residential
tenants shall not be subject to no-fault evictions (as defined in the resolution); provides
that residential tenants shall not be evicted for nuisance or for unauthorized occupants
or pets whose presence is necessitated by or related to the COVID-19 emergency; and
provides that residential tenants shall not be evicted on the ground that they denied
entry by the landlord into the rental unit, subject to specified exceptions; and
WHEREAS, on June 24, 2021, the Director of Emergency Services issued a
Thirty-Eighth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which, recognizing that state law
protections against eviction of residential tenants premised on non-payment of rent for
COVID-19 related reasons currently applied only to rent incurred through June 30,
2021, and recognizing that Los Angeles County’s June 22, 2021 extension of its eviction
moratorium stated that it applies to incorporated cities within the County to the extent
they do not impose a stricter moratorium, adopted relevant provisions of the County
extension, rendering them enforceable by the City, to extend through September 30,
2021 the moratorium on evictions of residential tenants premised on nonpayment of rent
due between July 1 and September 30, 2021 for COVID-19 related reasons; no-fault
evictions, with a limited exception for owner move-ins to single family residences; and
unauthorized occupants or pets or nuisance; and
WHEREAS, on June 28, 2021, California enacted AB 832, which extended the
expiration of the state moratorium on evictions for nonpayment of rent due to COVID-19
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financial distress from June 30, 2021 to September 30, 2021, increased the
compensation for an eligible household’s unpaid rental debt accumulated on or after
April 1, 2020 from 80% to 100%, and included provisions preempting local eviction
moratoriums; and
WHEREAS, on June 28, 2021, the Los Angeles County Department Public
Health issued a Safer Return Together at Work and in the Community Beyond the
Blueprint for a Safer Economy – Encouraging COVID-19 Vaccination Coverage with
Limited Risk Reduction Measures, which superseded prior County Health Officer orders
and was essentially identical to the June 15, 2021 County Health Officer order with the
exception that it added to the list of settings in which masks remain required of
everyone, regardless of COVID-19 vaccination status, any business or government
office serving the public that requires everyone to wear a mask; and
WHEREAS, on June 28, 2021, the Los Angeles County Department of Public
Health issued a press release stating that, with increased circulation of the highly
transmissible Delta variant, the Department strongly recommends everyone, regardless
of vaccination status, wear masks indoors in public places as a precautionary measure;
and
WHEREAS, as of June 29, 2021, the Los Angeles County Department of Public
Health has confirmed 1,249,835 cases of COVID-19 in Los Angeles County and has
continued to advise that public health measures in addition to vaccination remain
required to prevent the further spread of COVID-19; and
WHEREAS the findings included in each Executive Order and Supplement to the
Executive Order referenced herein are included herein as if stated in full; and
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WHEREAS the Centers for Disease Control and Prevention, the California
Department of Public Health, and the Los Angeles County Department of Public Health
have issued public health recommendations that continue to include public health
precautions in addition to vaccination to protect public health and prevent transmission
of this communicable virus; and
WHEREAS, as stated in the Proclamation of Existence of a Local Emergency
issued by the Director of Emergency Services on March 13, 2020, and ratified by the
City Council on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14,
July 28, September 8, October 27, 2020, and December 15, 2020, and January 26,
March 23, and effective May 22, 2021, the City Council finds that as of July 13, 2021,
the above described events are creating conditions of extreme peril and such conditions
are likely to be beyond the control of the services, personnel, equipment, and facilities
of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS in the interest of public health and safety, as affected by the global,
national, state, and local emergency caused by the spread of COVID-19, it is necessary
to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa
Monica Municipal Code to ratify the actions of the Director of Emergency Services
related to the protection of life and property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The Executive Order of the Director of Emergency Services Declaring
the Existence of a Local Emergency (“Executive Order”) (Exhibit A) is hereby ratified.
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SECTION 2. The Revised Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (Exhibit B) is hereby ratified.
SECTION 3. The Fifth Revised First Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 4. The Revised Fourth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 5. The Revised Fifth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 6. The Seventh Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 7. The Eighth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 8. The Ninth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 9. The Twelfth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 10.The Thirteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
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SECTION 11. The Fifteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 12. The Sixteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 13. The Seventeenth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 14. The Third Revised Eighteenth Supplement to the Executive Order
of the Director of Emergency Services Declaring the Existence of a Local Emergency is
hereby ratified.
SECTION 15. The Nineteenth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 16. The Second Revised Twenty-First Supplement to the Executive
Order of the Director of Emergency Services Declaring the Existence of a Local
Emergency is hereby ratified.
SECTION 17. The Twenty-Second Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 18. The Twenty-Third Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
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SECTION 19. The Twenty-Fourth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 20. The Twenty-Fifth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 21. The Twenty-Sixth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 22. The Twenty-Seventh Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 23. The Twenty-Eighth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 24. The Twenty-Ninth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 25. The Thirty-First Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 26. The Thirty-Second Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
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SECTION 27. The Thirty-Third Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 28. The Corrected Thirty-Fourth Supplement to the Executive Order of
the Director of Emergency Services Declaring the Existence of a Local Emergency is
hereby ratified.
SECTION 29. The Thirty-Fifth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 30. The Thirty-Sixth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency (Exhibit C) is
hereby ratified.
SECTION 31. The Thirty-Seventh Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency (Exhibit D)
is hereby ratified.
SECTION 32. The Thirty-Eighth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency (Exhibit E) is hereby
ratified.
SECTION 33. It is hereby proclaimed that a local emergency now exists throughout
the City. It is further proclaimed and ordered that during the existence of this local
emergency the powers, functions, and duties of the Director of Emergency Services and
the emergency organization of this City shall be those prescribed by State law and by the
ordinances and resolutions of this City.
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SECTION 34. The City Council authorizes the Interim City Manager, in his capacity
as the Director of Emergency Services, to take all actions related to the protection of life
and property that are reasonably necessary to respond to the local emergency caused by
the spread of COVID-19.
SECTION 35. The local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council. As required by law, the City Council shall
review the need to continue the state of emergency every 60 days until this resolution is
terminated.
SECTION 36. The Fifth Revised First, Revised Fourth, Revised Fifth, Seventh,
Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised
Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third,
Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-
Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-
Sixth, Thirty-Seventh, and Thirty-Eighth Supplements to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency shall,
except for those portions of earlier supplements that were not extended by the Nineteenth,
Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, and Thirty-Seventh
Supplements, remain in effect until July 15, 2021, at 11:59 p.m., or any later date expressly
stated within the text of an individual Supplement, at which time they shall automatically
expire unless earlier extended or expressly superseded by an action of the City Council or
by a further Executive Order of the Director of Emergency Services or Supplement thereto.
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SECTION 37. If any section, subsection, sentence, clause, or phrase of this
Resolution, the Executive Order, or any Supplement or Revised Supplement to the
Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Resolution, the Executive Order, or any Supplement or
Revised or Corrected Supplement to the Executive Order. The City Council hereby
declares that it would have passed this Resolution, the Executive Order, and any
Supplement or Revised or Corrected Supplement to the Executive Order and each and
every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of this Resolution, the Executive
Order, or any Supplement or Revised or Corrected Supplement to the Executive Order
would be subsequently declared invalid or unconstitutional.
SECTION 38. 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:
_________________________
GEORGE S. CARDONA
Interim City Attorney
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PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE
CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the
Director of Emergency Services to proclaim the existence or threatened existence of a local
emergency when the City of Santa Monica is affected or likely to be affected by a public
calamity and the City Council is not in session, subject to ratification by the City Council within
seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does
hereby find:
That international, national, state, and local health and governmental authorities are
responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-
CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated
COVID-19, (“COVID-19”); and
That while the complete clinical picture with regard to COVID-19 is not yet fully
understood, reported symptoms and illnesses from COVID-19 range from mild to severe,
including fever, coughing, shortness of breath, and illnesses resulting in death; and
That the Centers for Disease Control and Prevention has stated that certain populations
face elevated risk and widespread transmission of COVID-19 would translate into large numbers
of people needing medical care at the same time and other critical infrastructure may also be
affected; and
That, on January 30, 2020, the International Health Regulations Emergency Committee
of the World Health Organization declared the outbreak a “public health emergency of
international concern”; and
That, on January 31, 2020, the U.S. Department of Health and Human Services declared
a public health emergency to aid the nation’s healthcare community in responding to COVID-19;
and
That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department
of Public Health declared a local emergency and local public health emergency to aid the
regional healthcare and governmental community in responding to COVID-19; and
That, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for broader
spread of COVID-19; and
That, on March 11, 2020, the Director-General of the World Health Organization
characterized COVID-19 as a pandemic; and
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That, on March 13, 2020, the President of the United States of America declared a
national emergency and that the federal government would make $50 billion in emergency
funding to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health
reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases
identified as likely due to community transmission; and
That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a
major tourist destination, has two major hospitals and an airport within its jurisdiction, is a
significant destination for business travel, and is adjacent to and contiguous on three sides with
the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and
across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures
to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response
to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support
ongoing emergency actions in response to the spread of COVID-19; and
That the City intends to continue to take bold and aggressive actions to protect the public
health and safety during this local, state, and national public health emergency; and
That the above described events are creating conditions of extreme peril and such
conditions are likely to be beyond the control of the services, personnel, equipment, and facilities
of the City, requiring the combined forces of other political subdivisions to combat; and
That the City Council of the City of Santa Monica is not in session and cannot
immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now
exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said
local emergency, the powers, functions, and duties of the emergency organization of the City
shall be as prescribed by federal and state law, and by City ordinances and resolutions of this
City.
ADOPTED this 13th day of March 2020.
By: _________________________
RICK COLE
City Manager
Director of Emergency Services
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ATTEST:
___________________
DENISE ANDERSON-WARREN
City Clerk
This proclamation has been issued in accordance with applicable law and is in effect and carries
the force of law until March 20, 2020, on which date it expires unless confirmed and ratified by
the City Council.
APPROVED AS TO FORM:
______________________
LANE DILG
City Attorney
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REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE
CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the
Director of Emergency Services to proclaim the existence or threatened existence of a local
emergency when the City of Santa Monica is affected or likely to be affected by a public
calamity and the City Council is not in session, subject to ratification by the City Council within
seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does
hereby find:
That international, national, state, and local health and governmental authorities are
responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-
CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated
COVID-19, (“COVID-19”); and
That while the complete clinical picture with regard to COVID-19 is not yet fully
understood, reported symptoms and illnesses from COVID-19 range from mild to severe,
including fever, coughing, shortness of breath, and illnesses resulting in death; and
That the Centers for Disease Control and Prevention has stated that certain populations
face elevated risk and widespread transmission of COVID-19 would translate into large numbers
of people needing medical care at the same time and other critical infrastructure may also be
affected; and
That, on January 30, 2020, the International Health Regulations Emergency Committee
of the World Health Organization declared the outbreak a “public health emergency of
international concern”; and
That, on January 31, 2020, the U.S. Department of Health and Human Services declared
a public health emergency to aid the nation’s healthcare community in responding to COVID-19;
and
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060
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That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department
of Public Health declared a local emergency and local public health emergency to aid the
regional healthcare and governmental community in responding to COVID-19; and
That, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for broader
spread of COVID-19; and
That, on March 11, 2020, the Director-General of the World Health Organization
characterized COVID-19 as a pandemic; and
That, on March 13, 2020, the President of the United States of America declared a
national emergency and that the federal government would make $50 billion in emergency
funding to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health
reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases
identified as likely due to community transmission; and
That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a
major tourist destination, has two major hospitals and an airport within its jurisdiction, is a
significant destination for business travel, and is adjacent to and contiguous on three sides with
the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and
across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures
to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response
to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support
ongoing emergency actions in response to the spread of COVID-19; and
That the City intends to continue to take bold and aggressive actions to protect the public
health and safety during this local, state, and national public health emergency; and
That the above described events are creating conditions of extreme peril and such
conditions are likely to be beyond the control of the services, personnel, equipment, and facilities
of the City, requiring the combined forces of other political subdivisions to combat; and
That, on March 13, 2020, in my capacity as Director of Emergency Services, I issued a
proclamation of local emergency to declare the existence of a local emergency; and
That this revised proclamation is issued as an additional precaution and out of an
abundance of caution in accordance with laws related to use of digital signatures; and
DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060
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That the City Council of the City of Santa Monica is not in session and cannot
immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local
emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said
local emergency, the powers, functions, and duties of the emergency organization of the City
shall be as prescribed by federal and state law, and by City ordinances and resolutions of this
City.
ADOPTED this 14th day of March 2020.
By: _____________________________
RICK COLE
City Manager
Director of Emergency Services
ATTEST:
___________________
DENISE ANDERSON-WARREN
City Clerk
This proclamation has been issued in accordance with applicable law and is in effect and carries
the force of law until March 20, 2020, on which date it expires unless confirmed and ratified by
the City Council.
APPROVED AS TO FORM:
______________________
LANE DILG
City Attorney
DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060
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1685 Main Street, Suite 209, Santa Monica, CA 90401 • lane.dilg@santamonica.gov
santamonica.gov • @cityofsantamonica • @santamonicacity
Office of the City Manager
THIRTY-SIXTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR
OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
“SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,”
abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and
Department of Public Health declared a local emergency and local public health emergency to
aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the State prepare for broader
spread of COVID-19; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, the City of Santa Monica (“the City”)
cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that
were scheduled to occur through permit or license between March 12, 2020, and March 31,
2020, absent a persuasive showing by the permittee or licensee that the gathering could take
place in accordance with the guidance and directives of public health authorities; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, and to protect the health and safety of the
City workforce, the City announced that Santa Monica City Hall would be closed to the public
and open only to City employees from March 16, 2020, to March 31, 2020; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make emergency funding
available to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
DocuSign Envelope ID: 36B4EFD4-CB42-4561-A604-7B51F4669BAB
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WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local
emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the
availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised
declaration of local emergency to ensure compliance with all digital signature requirements; and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first
supplemental emergency order placing a temporary moratorium on evictions for non-payment of
rent and temporarily suspending (a) the discontinuation or shut off of water service for residents
and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late
payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late
payment penalties or fees for parking violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second
supplemental emergency order temporarily closing the Santa Monica Pier to the general public;
and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health
issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events
of 50 or more people, requiring certain social distancing measures, and ordering the closure of
certain businesses; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third
supplemental emergency order that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and
fitness centers, and non-medical physical health and beauty businesses; and temporarily
prohibited restaurants, bars, and retail food facilities from serving food on-premises; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive
Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise
restrict a local government’s exercise of its police powers to impose substantive limitations on
residential and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised
Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics,
and emergency shelters in all zoning districts and allow the Director of the Department of
Planning and Community Development or designee to waive development standards, design
review, parking and access requirements, and sign standards related to such uses; to permit
limited service and take-out restaurant uses in any zoning district that allows full-service
restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets,
general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and
automatic approvals; to extend interim zoning ordinances now in effect; to direct that street
sweeping not be conducted unless essential for public health and safety and suspend parking
citations related thereto; to suspend preferential parking rules; to suspend certain regulations
relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and
DocuSign Envelope ID: 36B4EFD4-CB42-4561-A604-7B51F4669BAB
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WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive
Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N-
25-20 to suspend and waive certain provisions of state and local law, including but not limited to
those provisions in the Bagley-Keene Act and the Brown Act related to the notice and
accessibility requirements for the conduct of public meetings where the physical presence of
public attendees or members of the public body seeking to meet are impliedly or expressly
required; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
First Supplement to the Executive Order of the Director of Emergency Services implementing
eviction protections for residential and commercial tenants and suspending removals of rental
property from the market under the Ellis Act; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus
(BBB) customers, with the exception of Americans with Disabilities Act customers traveling in
mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or
shut-off of water services for residents and businesses based on non-payment of water or sewer
bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c)
refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e)
Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and
(h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking
lots, parking zones, and parking spaces; and suspending penalty assessments related to business
licenses and business improvement district assessments; and
WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the
proclamation and the aforementioned Supplements shall be operative and in effect through April
30, 2020; and
WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive
Order N-33-20 directing all residents of the State of California to heed directives issued by the
State Health Officer on the same date instructing all Californians to stay home except as needed
to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and
limiting gatherings to 9 people or less; and
WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that
the City may assess the financial impacts of COVID-19 prior to engaging in collective
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bargaining, and suspending various human resources processes in order to decrease in-person
meetings and enable effective emergency response, including suspending requirements
associated with the administration of competitive examinations and the appointment of
individuals from eligibility lists; suspending certain requirements and minimum qualifications
associated with the appointment of temporary, limited-term, and as-needed employees; and
modifying the Municipal Code to state that certain additional appointments will be subject to a
probationary period; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California
Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting
restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site
consumption via delivery and take-out; and
WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all
nonessential businesses and prohibiting gatherings of non-household members; and
WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica
the Executive Order N-33-20, issued by the Governor of the State of California on March 19,
2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of
COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020
(the “County Safer at Home Order” or “Safer at Home Order”), including any later amendments
or successors thereto, the stricter of which shall apply if there is any conflict between the
Governor’s Stay at Home Order and the County Safer at Home Order; and authorizing the City
to issue administrative citations to enforce this and the previously issued supplements to its
emergency declaration; and
WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive
Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to
respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to
reasons related to COVID-19; and
WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health
issued an Addendum to the County Safer at Home Order closing all public trails and trailheads,
as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that
sanded portion of the beach, and beach access points; and
WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency closing certain City facilities, waiving late payment fees for
City leases and licenses during the effective period of the order, suspending rent payments for
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City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses
and outdoor dining license payments for City licensees for the month of April, granting the
Director of the Department of Housing and Community Development discretion to suspend
additional rent or license payments for the month of April for City tenants and licensees whose
operations have been closed pursuant to emergency orders issued by the City, the County of Los
Angeles Department of Public Health, or the Governor of California, authorizing the City to
delay responses and productions of records in response to public record requests under specified
circumstances, and extending by one month Santa Monica Fire Department annual permits of
operation set to expire on May 1, 2020; and
WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the County Safer at Home Order clarifying that all government
employees are essential workers during the pandemic; and
WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency imposing requirements specific to construction sites and
projects to ensure their compliance with the social distancing and hygiene directives imposed by
the County Safer at Home Order; and
WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an
emergency court rule that effectively delays all evictions, other than those necessary to protect
public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to
all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or
another reason; among other things, the rule temporarily prohibits a court from issuing a
summons after a landlord files an eviction case, unless necessary to protect public health and
safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to
serve on the tenant until 90 days after the emergency passes; and
WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements
thereto, and resolved that the proclamation and the aforementioned Supplements shall be
operative and in effect through April 30, 2020; and
WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency enhancing eviction protections to require
landlords to provide notice of local eviction protections to tenants, prohibiting no-fault
residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry
into a residential unit, prohibiting certain evictions of residential tenants based on the presence of
unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under
the Supplement if the landlord has already obtained compensation for the delayed rent through
governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment
Ordinance to $15,000; and
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WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency requiring workers and customers at covered businesses
(including but not limited to grocery stores, farmers markets, restaurants, hardware stores,
transportation providers, and plumbing and similar businesses) to wear face coverings; and
WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and
continued to prohibit all indoor and outdoor public and private gatherings and events; require all
businesses to cease in-person operations and remain closed to the public, unless defined as an
Essential Business by the order; require the closure of all indoor malls and shopping centers, all
swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public
beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person
operations of all non-essential businesses; and
WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Second Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and
Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be
operative and remain in effect through May 31, 2020, and that the other aforementioned
Supplements shall be operative and in effect through May 15, 2020; and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency tolling deadlines for reviewing and acting on planning
applications, exercising rights under planning entitlements, and expiration of building permits;
permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning
rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees
from accepting gifts of any sort to allow City first responders and disaster workers to take
advantage of City-approved public or private discount, specials, and subsidies programs; and
WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and
modifying it by limiting the commercial tenants subject to the protections of the order to exclude
multinational companies, public companies, and companies with more than 500 employees;
making clear that notice and documentation that indicates any loss of income or increase in
expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of
rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a
single communication may constitute both notice and documentation; and extending the
protection against eviction based on rent unpaid due to financial impacts related to COVID-19
from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the
Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and
5.45.030 to the extent they prohibit retail establishments from providing without charge reusable
grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of
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sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production
Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior
to March 1, 2020, but lost employment due to COVID-19 related reasons; and
WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order
that stated that COVID-19 continues to present a significant risk to the health of individuals
throughout California, but, consistent with Californians’ mitigation efforts and other factors
determined that the statewide data supported the gradual movement of the entire state form Stage
1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health
jurisdictions to implement or continue more restrictive public health measures if warranted; and
WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the April 10 revised County Safer at Home Order amending that
order to permit, subject to specific conditions, the reopening of certain specified types of lower-
risk retail business for sales and service transactions made via curbside pick-up or delivery only,
and the reopening of all previously closed public trails and trailheads, public and private golf
courses, and new and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying
it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than
non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of
their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child,
marriage, family, mental health, or substance abuse counseling services; specify that, for non-
retail commercial tenants, the protection against eviction will extend only for 30 days after the
expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts
related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent
for a period of 12 months following the expiration of the Order, may not charge commercial
tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90
days following the expiration of the Order, and may not charge non-retail commercial tenants
interest on that unpaid rent during the duration of the Order; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency incorporating the provisions of the Third Revised First
Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were working in Santa
Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons;
incorporating the provisions of the Third Revised First Supplement that, in accordance with the
Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and
5.45.030 to the extent they prohibit retail establishments from providing without charge reusable
grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of
sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of
operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct
of certain loud construction activities, including cement cutting or grinding, sandblasting, and the
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use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public
works construction; and
WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Third and Fourth
Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency
shall be deemed to continue and exist until its termination is proclaimed by the City Council; and
resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be
operative and remain in effect through May 15, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders
and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles
County continues to present a substantial and significant risk of harm to residents’ health; but
took a limited and measured step to partially move the County into Stage 2 of its phased
approach to reopening while keeping a low incidence of person-to-person contact and ensuring
continued social distancing and adherence to other infection control procedures – accordingly,
the order continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its
safer at home order including requirements that all individuals engaging in outdoor activities,
except for water activities, and all individuals engaging in essential activities whenever there is
or can be contact with other who are non-household members in both public and private places,
must wear a cloth face covering; and
WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency extending the effective dates of the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and requiring all persons leaving their residences for the
limited purposes allowed by the County Safer at Home Order to strictly comply with the social
(physical) distancing requirements stated in that Order or County Department of Public Health
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guidance or protocols, including in particular the requirement that cloth face masks must be worn
whenever there is or may be contact with others who are non-household members, including
while engaging in permitted outdoor activities other than water activities; and
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume
in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking prohibitions for street
sweeping during the days and times indicated, but only during the first full week of each month,
which is when the street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Safer at Home Orders
and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles
County continues to present a substantial and significant risk of harm to residents’ health; but
took a limited and measured step to partially move the County into Stage 2 of its phased
approach to reopening while keeping a low incidence of person-to-person contact and ensuring
continued social distancing and adherence to other infection control procedures – accordingly,
the order continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
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WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that superseded all prior County
Safer at Home Orders; while recognizing that existing community transmission of COVID-19 in
the County continues to present a substantial and significant risk of harm to residents’ health, in
light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the
County with State Executive Orders and State Health Officer Orders that support phased
reopening in accordance with the California Pandemic Resilience Roadmap’s four stage
framework, while maintaining the goals of limiting close contacts with others outside of
residents’ households in both indoor and outdoor spaces and ensuring continued social distancing
and adherence to other infection control procedures – accordingly, the order continued to
prohibit indoor and outdoor public and private gatherings and events except for the limited
purposes expressly permitted by the Order; continued to require compliance with social
(physical) distancing requirements including wearing a cloth face covering whenever there is or
can be contact with others who are non-household members in both public and private spaces;
continued to require the closure of higher-risk businesses, recreational sites, commercial
properties, and activities, where more frequent and prolonged person-to-person contacts are
likely to occur; continued to allow Essential Businesses to operate subject to social distancing
requirements; allowed the conditional reopening of four categories of Lower-Risk businesses –
lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept
under 50%, manufacturing and logistics sector businesses that supply lower-risk retail
businesses, non-essential office-based businesses (while continuing to strongly encourage
telework), and indoor malls and shopping centers; continued to permit the reopening of beaches,
beach parking lots, and beach bike paths, while maintaining the closure of public piers;
continued to authorize local public entities to temporarily close certain streets or areas to
automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; continued to authorize participation
in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-
person attendance at faith-based services, provided that the gathering of congregants is limited to
the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted
participating in in-person protests subject to the same attendance limits and maintenance of
physical distancing; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of
Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home order that superseded all prior County Safer at Home Orders and
was essentially equivalent to the May 26 Safer at Home Order with the exceptions that it: added
hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen
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subject to specified conditions; and permitted restaurants and other food facilities that provide
sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60%
occupancy; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency superseding and replacing the Third Supplement to specify that
closures and re-openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the event of conflict,
and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores
from limitations on delivery hours; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent
sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant,
for restaurants that open for in-house dining pursuant to the safety protocols required by the
County Safer at Home Order; superseding and replacing Section 5 of the Revised Fourth
Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the
deadlines for planning, review, and permit-related actions; and superseding and replacing
Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent
payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent deferment
program for City commercial tenants whose operations have been closed or significantly
restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor
dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the
consent of the owner and to sidewalks in front of adjacent buildings with the consent of the
owner and authorizing the Finance Director to extend the delinquency date for business license
renewal fees by two months (from September 1 to November 1) for businesses whose ability to
pay has been affected by economic impacts related to COVID-19 or the civil unrest; and
WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised
Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30,
2020, or any later date expressly stated within the text of an individual supplement; and
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WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially
equivalent to the May 29 Safer at Home Order with the exception that it permitted outdoor
activity to resume at piers and the following business and activities to reopen no earlier than June
12, 2020 subject to conditions and protocols as stated in the Safer at Home Order: music film
and television production; day camps; fitness facilities; museums; professional sports without
audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and
splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared
rental units and similar facilities for tourism travel; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing
temporary eviction moratorium and extended the period for which unpaid rent will be subject to
that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified
the temporary eviction moratorium, defining three different categories of commercial tenants,
each of which receives varying protections, and encouraging landlords and commercial tenants
to negotiate modifications to rental agreements and payment plans to accommodate changed
economic circumstances of commercial landlords and tenants arising from the financial
impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general
public under specified circumstances when outside the home including when inside of, or in line
to enter, any indoor space and while outdoors in public spaces when maintaining a physical
distance of 6 feet from persons who are not members of the same household or residence is not
feasible; and
WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community for Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially
equivalent to the June 11 Safer at Home Order with the exception that it clarified the
requirements that individuals leaving their residences must wear face coverings when they are or
can be in contact with or walking past others outside of their household and permitted the
reopening of the following business and activities no earlier than June 19, 2020 subject to
conditions and protocols as stated in the Safer at Home Order: cardrooms, satellite wagering
facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries
and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive
Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of
Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in-
store redemption of beverage containers and temporarily suspending the requirement for
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recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth
paragraph of Executive Order N-54-20, which had suspended Public Resources Code section
42283’s prohibitions relating to retail establishments providing bags to customers at point of
sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be
operative and remain in effect through June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and
Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles
County Eviction Moratorium During the COVID-19 Pandemic that, in accordance with orders
issued by the Los Angeles County Board of Supervisors, recognized the extension of the
County’s eviction moratorium through July 31, 2020, but, effective June 1, 2020, excluded from
application of the moratorium commercial tenancies where the tenant has more than 100
employees and commercial tenancies where the tenant is a multinational company or a publicly
traded company; and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth
Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the
Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24,
2020; extend the suspension of outdoor dining license payments for City licensees through
August 2020; extend the deadline for applications for extensions of the delinquency date for
business license renewals to August 31, 2020; extend the authorization for temporary dining to
adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent
buildings with the consent of either the owner or tenant; extend the authorization for temporary
dining to areas of the Pier to be specified by the Director of the Community Development
Department subject to specified conditions and any additional regulations; extend the
authorization for temporary dining to portions of the sidewalk or roadway in the Third Street
Promenade to be specified by the Director of the Community Development Department subject
to specified conditions and any additional regulations; authorize the temporary use by businesses
of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the
Director of the Community Development Department for business activities other than
temporary dining, subject to specified conditions and any additional regulations; authorize
restaurants and other businesses to establish temporary Main Street satellite spaces for business
activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or
business, subject to specified conditions, specified design and safety specifications, and any
additional regulations; and specify that for compliance with certain specified mandatory seismic
retrofitting requirements, the two-year extension for planning, review, and permit-related actions
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applies only if an application was pending as of March 13, 2020 or submitted between March 13,
2020 and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some
counties and the need to reduce non-essential gatherings where mixing and disease spread occur,
the California Department of Public Health ordered the closure in certain counties, including Los
Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that
had reopened after June 12 in accordance with prior state and local guidance and reemphasized
that alcohol can only be sold in such establishments in the same transaction as a meal; and
WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving
the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that
superseded all prior Safer at Home Orders and was essentially equivalent to the June 18 Safer at
Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms,
craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and
required restaurants with a moderate risk or high risk permit issued by the County Department of
Public Health and other food facilities that provide in-person dining to follow a revised protocol
for on-site dining; and
WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community for Control of COVID-19 order
requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access
points between July 3 and July 6; prohibiting all firework shows and events until further notice;
noting that the County has recently observed a sharp increase in new COVID-19 cases and
hospitalizations demonstrating the reality of increased community transmission of COVID-19;
and reemphasizing that State public health directives and the current County Health Officer
Order prohibit professional, social, and community mass gatherings, with gatherings defined as
meetings or other events that bring together persons from multiple households at the same time
for a shared or group experience in a single room, space, or place; and
WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that, with certain specified exceptions, extended the effective
dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second
Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the
text of an individual supplement; specified exceptions permitted impositions of late payment
penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking
Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code
relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of
Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to
customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire
Department annual permits of operation to expire as of July 1, 2020; and issuance of parking
citations associated with street sweeping to resume as of July 1, 2020; and
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WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71-
20, which, among other things, found that minimizing evictions during this period is critical to
reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable
to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the
transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28-
20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a
local government’s exercise of its police powers to impose substantive limitations on residential
and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of
the State of California noted the recent increase in COVID-19 cases, including a concerning
increase in hospitalizations; reminded Cities and Counties of their power, conferred by the
California Constitution, to take action to protect their residents; called on elected officials to
remain vigilant in efforts to protect the health and safety of their communities; and emphasized
the dire consequences of failing to ensure compliance with public health orders, including a
surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that
may divert resources from other health needs, further delaying reopening efforts; and
WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the June
28 Safer at Home Order with the exceptions that it noted the serious recent regression of
COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial
increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate;
returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities,
racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and
aquariums to the list of high-risk businesses required to close for at least 21 days and until
further notice; and ordered the closure of indoor mall or shopping center food court dining and
seating areas for at least 21 days and until further notice; and
WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth
Supplements to, in accordance with the County Safer at Home Orders and the California
Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics
regarding the requirement that all individuals wear face coverings whenever they leave their
place of residence and are or may be in in contact with non-household members in both public
and private spaces; set out exemptions from the face covering requirement; specify that business
operators may refuse admission or service to any person who fails to wear a face covering as
required or to comply with social distancing requirements imposed by the County Safer at Home
Orders; and authorizes administrative citations with specified administrative fines for both
individuals and businesses failing to comply with the face covering requirements; and
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WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second
Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First
Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020,
to, with respect to the November 3, 2020 general municipal election, reduce the number of
nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010
would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination
papers after the first two sets; and
WHEREAS, on July 13, 2020, in light of current data reflecting that community spread
of COVID-19 infection is of increasing concern across the state, the California Department of
Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs,
brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified
exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting
rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums,
and cardrooms; and the closure in certain counties that currently appear on the Department’s
County Monitoring List and have been on the list for three consecutive days, which included Los
Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests,
offices for non-critical infrastructure sectors, personal care services (including nail salons,
massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and
WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 1
Safer at Home Order with the exceptions that it ordered the closure of indoor operations of hair
salons and barbershops, fitness facilities, and personal care establishments; permitted in-person
faith-based services and protests so long as they are held outdoors; ordered the closure of indoor
portions and operations of indoor malls and shopping centers; required that all indoor portions
and operations of any non-essential office-based business cease, subject to the exception for
minimum basic operations; and required that essential businesses, healthcare operations, or
essential infrastructure whose operations require employees to operate from an office worksite
require employees to telework to the extent feasible; and
WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and
Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to
continue and exist until its termination is proclaimed by the City Council; and resolved that the
supplements being ratified above shall be operative and remain in effect through July 31, 2020,
or any later date expressly stated within the text of an individual supplement; and
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WHEREAS, on July 15, 2020, the Director of Emergency Services issued the First
Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced the Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency to further clarify the requirement that all persons must wear
face coverings whenever they leave their place of residence and are or can be in contact with or
walking near or past others who are non-household members in both public and private spaces,
including, but not limited to, walking through common areas such as hallways, stairways,
elevators, and parking facilities; clarify that having a face covering visible and immediately
ready to put on whenever within 30 feet of another non-household member is intended to satisfy
the face covering requirement when walking, running, biking, or otherwise exercising or moving
in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited
inquiries to those asserting exemptions from the face covering because of medical condition,
mental health condition, or disability to prevent fraudulent assertions of such exemptions; and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty-
Second Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the eviction moratorium for residential tenants
implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the
eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement
to August 31, 2020; and
WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July
14 Safer at Home Order with the exceptions that it stated its intent to continue to ensure that
County residents remain in their residences as much as practicable to limit close contact with
others outside their household in both indoor and outdoor spaces; reemphasized that all persons
who can telework or work from home should continue to do so as much as possible; restated that
all gatherings of people who are not part of a single household or living unit are prohibited
except for the limited purposes expressly permitted by the order; recognized that the State Public
Health Officer requires all public and private schools within the County of Los Angeles to
remain closed to in-person learning until certain criteria are satisfied and issued reopening
protocols for schools permitted to reopen to in-person learning; directed that individuals
instructed by their medical provider not to wear a face covering should wear a face shield with a
drape on the bottom edge as long as their condition permits it; and included revised reopening
protocols for various types of businesses; and
WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty-
Third Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the
Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth,
Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth,
Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised
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Twenty-First, and Twenty-Second Supplements to August 31, 2020, or any later date expressly
stated within the text of an individual supplement; and,
WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements thereto; resolved
that the local emergency shall be deemed to continue and exist until its termination is proclaimed
by the City Council; and resolved that the supplements being ratified above shall be operative
and remain in effect through August 31, 2020, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July
18 Safer at Home Order with the exception that it provided clarification regarding when
elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated
requirements for childcare facilities to specify childcare must be carried out in stable groups of
12 or fewer children in the same group each day, instead of 10; and aligned with new guidance
for institutes of higher education; and
WHEREAS, on August 18, 2020, the Director of Emergency Services issued a Third
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced the prior versions
of the Eighteenth Supplement to authorize the specified uses of public and private outdoor spaces
through the duration of the County Safer at Home Order, plus an additional 30 days, so long as
businesses either enter into an encroachment agreement with or obtain a permit from the City;
allow the City to assess a monthly fee for the use of space in the public right-of-way after
November 1, 2020, with 30 days’ notice provided to businesses; authorize the use of canopies
and propane heaters in private and public outdoor spaces in compliance with specified
guidelines; permit tables and chairs to be left secured outside the business overnight and so long
as there is at least five (5) feet of unobstructed access on the sidewalk; set standards for decks in
both Main Street satellite spaces and private property used for outdoor business; require that any
structures put in place in any Main Street satellite space be brought into compliance with the
deck standards in the Third Revised Eighteenth Supplement and that any structures for outdoor
business activity on private property be brought into compliance with the deck standards or other
applicable building standards; set fines for violations of conditions for operating in the public
right-of-way and in private outdoor spaces through administrative citations to be issued by Code
Enforcement; and authorize the Director of the Community Development Department to enter
into temporary license agreements to permit the temporary use of portions of certain public
parking facilities or the Santa Monica Pier, as designated by the Director, for temporary use by
gyms and fitness establishments; and
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WHEREAS, on August 24, 2020, the Director of Emergency Services issued a Twenty-
Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which made it a strict liability offense punishable as a
misdemeanor or by administrative citation for any responsible person to conduct a gathering of
20 or more natural persons who are not part of a single household or living unit at a residence or
other private property; extended the eviction moratorium for commercial tenant 1s, as defined in
the Fifth Revised First Supplement, through September 30, 2020; subject to the exceptions
specified in the Nineteenth and Twenty-Third Supplements, extended the effective dates of the
Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth,
First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third
Supplements to September 30, 2020, or any later date expressly stated within the text of an
individual supplement; and extended the suspensions of the discontinuation or shut off of water
service for non-payment of water or sewer bills and of late payment penalties for unpaid or
delinquent water and/or sewer bills and refuse and recycling collections bills, as originally
implemented by Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December
31, 2020; and
WHEREAS, on August 28, 2020, the California Department of Public Health issued a
statewide order that, recognizing that community spread of infection remains a significant
concern across the state, and based on the current state of the pandemic in California and current
scientific understanding of transmission, further refined the State’s approach to gradually reopen
businesses and activities while reducing the risk of increased community spread by adopting a
targeted system for sector reopenings that relies on a set of tiers corresponding to specific
epidemiological profiles based on indicators of disease burden including case rates per capita and
percent of positive COVID-19 tests and proportion of testing and other COVID-19 response
efforts addressing the most impacted populations within a county; under this revised framework,
local health jurisdictions may reopen, or must close, specified sectors according to their county’s
tier; and
WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill 3088,
under which, among other things, no tenant can be evicted before February 1, 2021 as a result of
rent owed due to a COVID-19 related hardship accrued between March 4 and August 31, 2020,
if the tenant provides a declaration of COVID-19-related financial distress according to specified
timelines; no tenant can be evicted for rent that accrues but is unpaid due to a COVID-19
hardship between September 1, 2020 and January 31, 2021 if the tenant submits declarations of
COVID-19-related financial distress according to specified timelines and pays 25% of the unpaid
rent due by January 31, 2020; and landlords are required to provide tenants a notice detailing
their rights under the legislation; and
WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the Los
Angeles County Department of Public Health issued a revised Reopening Safer at Work and in
the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of
California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders
and was essentially equivalent to the August 12 Safer at Home Order with the exception that it
recognized that the daily number of new cases is still high, and COVID-19 remains widespread
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in Los Angeles County; cited the State’s August 28, 2020 issuance of its Blue Print for a Safer
Economy, which describes the tiered approach to relaxing and tightening restrictions on
activities based on specified criteria; allowed barbershops and hair salons to reopen indoor
operations at 25% of maximum occupancy and with required modifications, while encouraging
operators to provide as many services as possible outside; and, beginning September 14, 2020,
allowed K-12 schools to offer in-school services for a small, stable cohort of students with
Individualized Education Programs or English Learners needing assessments and/or specialized
in-school services, with priority given to students with disabilities; and
WHEREAS, on September 4, 2020, the United States Center for Disease Control and
Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like quarantine,
isolation, and social distancing – can be an effective public health measure utilized to prevent the
spread of communicable disease,” that eviction moratoria “facilitate self-isolation by people who
become ill or who are at risk for severe illness from COVID-19 due to an underlying medical
condition” and “allow State and local authorities to more easily implement stay-at-home and
social distancing directives to mitigate the community spread of COVID-19,” and that “housing
stability helps protect public health because homelessness increases the likelihood of individuals
moving into congregate settings, such as homeless shelters, which then puts individuals at higher
risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order,
applicable in any State or local area without a moratorium on residential evictions that provides
the same or greater level of public-health protections as the requirements in the order, requiring
that, through December 31, 2020, subject to further extension, modification, or rescission, a
landlord, owner of a residential property, or other person with a legal right to pursue eviction or
possessory action shall not evict any covered person (as defined in the order) from any
residential property in any State in which there are documented cases of COVID-19; and
WHEREAS, on September 8, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, and Twenty-Fourth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the supplements being
ratified above shall, except for those portions of earlier supplements that were not extended by
the Nineteenth Supplement, be operative and remain in effect through September 30, 2020, or
any later date expressly stated within the text of an individual supplement; and
WHEREAS, on September 10, 2020, the Director of Emergency Services issued a
Twenty-Fifth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which permitted the Housing Commission and
Architectural Review Board to conduct certain meetings for identified purposes;
WHEREAS, on September 18, 2020, the Director of Emergency Services issued a
Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced Section 1 of the
Ninth Supplement to permit some events, activities, programs, and gatherings scheduled in City
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facilities by permit or license if they are permitted by and will be conducted in accordance with
all requirements of the County Safer at Home Order; authorized the Director of the Community
Services Director to implement guidelines and regulations to permit the use of City sites for
drive-in movie theaters, vehicle-based parades, concerts, and other events to the extent permitted
by and conducted in accordance with all requirements of the County Safer at Home Order;
extended the City’s moratorium on evictions of residential tenants for reasons other than
nonpayment of rent through December 31, 2020; extended the eviction moratorium for
nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised First Supplement)
through December 31, 2020, subject to the requirement that for rent due after September 30,
2020, except for rent due for periods in which the commercial tenant 1’s business remains closed
because the County Safer at Home Order requires it to remain closed, the commercial tenant 1
must pay at least 50% of the rent due in accordance with the terms for payment set out in the
tenant’s lease; authorized the Director of the Community Services Department to promulgate
regulations and issue permits for gym and fitness establishments to engage in commercial fitness
activities at City parks, City park parking lots, and City beaches; superseded and replaced
Section 5 of the Revised Fifth Supplement so that penalties related to business licenses for fiscal
year 2020-2021 will begin to accrue as of September 1, 2020 unless an extension application was
timely filed pursuant to the Third Revised Eighteenth Supplement and penalties related to
business improvement district assessments for fiscal year 2020-2021 are not suspended and will
begin to accrue if the assessments are not timely paid; with the same exceptions specified in the
Nineteenth, Twenty-Third, and Twenty-Fourth Supplements (the latter of which extended the
expiration of the supplements to September 30, 2020), extends the expiration of prior
supplements that remain in place to December 31, 2020 unless a later expiration date is provided
in an individual supplement; and
WHEREAS, on September 23, 2020, the Governor of California issued Executive Order
N-80-20, which, among other things, noted that numerous local jurisdictions have determined
that promoting stability among commercial tenancies is necessary to mitigate the economic
impacts of COVID-19 and conducive to public health, such as by allowing commercial
establishments to decide whether and how to remain open based on public health concerns rather
than economic pressures, and extended through March 31, 2021, with respect to commercial
evictions only, Executive Order N-28-20’s suspension of any and all provisions of state law that
would preempt or otherwise restrict a local government’s exercise of its police powers to impose
substantive limitations on commercial evictions with respect to COVID19-related rent payment
issues; and
WHEREAS, on October 2, 2020, as revised October 6, 2020, the Los Angeles County
Department of Public Health issued a revised Reopening Safer at Work and in the Community
For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s
Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders, recognized
that existing community transmission of COVID-19 in Los Angeles County remains widespread,
noted that there remains a strong likelihood that increased interactions among members of the
public will result in a significant and increasing number of cases of community transmission,
noted that the daily number of new cases while not currently substantially increasing is still high,
and was essentially equivalent to the September 4 Safer at Home Order with the exception that it
added nail salons to the list of Lower-Risk Businesses allowed to reopen for indoor operations at
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25% of maximum occupancy and with required modifications, permitted outdoor dining at non-
restaurant breweries and wineries in compliance with specified conditions, and permitted
children’s playgrounds to open subject to access or use restrictions imposed by the Health
Officer and local government entities to reduce crowding and the risk of COVID-19; and
WHEREAS, on October 7, 2020, the Director of Emergency Services issued a Twenty-
Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, to ensure compliance with County social distancing
requirements and the County’s prohibition on live audiences for street performers, suspended the
issuance of permits for street performers at the Pier, Third Street Promenade, and Transit Mall,
with the result that street performers will not be allowed in those spaces during their most
crowded times, after noon Monday through Friday and on weekends and holidays; prohibited
street performers in those spaces at all other times from encouraging any person from gathering
to observe the performance while requiring performers to comply with all County social
distancing requirements, including the wearing of face coverings; authorized the Director of the
Community Development Department to issue regulations authorizing businesses to post
curbside pickup signs on parking meters adjacent to or near the business and designating spaces
in public parking lots where the City may post curbside pickup signs; temporarily suspended
certain Municipal Code requirements regarding procedures relating to HUD Community
Development Block Grants that are inconsistent with HUD procedures adopted in light of the
COVID-19 pandemic; and authorized the Director of the Community Development Department
to issue regulations regarding and issue temporary use permits for certain uses allowed by the
County Safer at Home Order, including temporary outdoor sales and special events, for a period
longer than 45 days but less than 180 days; and
WHEREAS, on October 9, 2020, the California Department of Public Health, noting that
COVID-19 continues to pose a severe risk to communities and requires all people in California
to follow necessary precautions and to adapt the way they live and function in light of this
ongoing risk, noting that the safest way to gather is to spend time with people in the same
household or to gather virtually, and noting that limiting attendance at gatherings is a way to
reduce the risk of spread and increase the effectiveness of contact tracing if a positive case is
discovered, issued mandatory guidance for private gatherings that, among other things, limited
them to no more than 3 households, required them to occur in space sufficient for everyone to
maintain at least 6 feet of physical distance from any others not in their own household, and
required the wearing of face coverings; and
WHEREAS, on October 14, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders,
recognized that existing community transmission of COVID-19 in Los Angeles County remains
widespread and continues to present a substantial and significant risk of harm to residents’
health, noted that there remains a strong likelihood that increased interactions among members of
the public will result in a significant and increasing number of cases of community transmission,
noted that the daily number of new cases while not currently substantially increasing is still high,
and was essentially equivalent to the October 6 Safer at Home Order with the exception that, to
align with the California Department of Public Health October 9, 2020 guidance on private
gatherings, it defined the term “household” to exclude institutional and commercial group living
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situations and authorized certain private gatherings of persons from no more than three
households, but only in compliance with strict requirements including that they must occur
outdoors in a space large enough for everyone to maintain at least 6 feet of physical distance
from any others not in their own household, be limited to two hours or less, and be conducted in
accordance with social distancing requirements including the wearing of face coverings; and
WHEREAS, on October 23, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders and
was essentially equivalent to the October 14 Safer at Home Order with the exception that it
permitted personal care establishments to offer services indoors with modifications; permitted
batting cages, miniature golf, and go cart racing to operate outdoors; clarified that food court
dining rooms in an indoor mall or shopping center must remain closed; increased the percentage
of students with individual education programs and English learners and other high-need
students to return to a K-12 campus; and permitted schools to reopen from TK to second grade
for class instruction with a waiver application approved by the Los Angeles County Department
of Public Health; and
WHEREAS, on October 27, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, and Twenty-Seventh Supplements thereto; resolved that the local
emergency shall be deemed to continue and exist until its termination is proclaimed by the City
Council; and resolved that the supplements being ratified above shall, except for those portions
of earlier supplements that were not extended by the Nineteenth Supplement, be operative and
remain in effect through December 31, 2020, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on November 13, 2020, noting that the incidence of COVID-19 is
increasing in many states and countries and that travel itself can be a risk for exposure to
COVID-19, the California Department of Health issued a travel advisory, encouraging
Californians to stay home or in their region and avoid non-essential travel to other states or
countries; and WHEREAS, on November 16, 2020, the California Department of Public Health
issued Guidance for the Use of Face Coverings, superseding the face covering guidance it issued
on June 18, 2020, that requires persons to wear face coverings when they are outside of their
home, unless an enumerated exemption applies;
WHEREAS, on November 19, 2020, the California Department of Public Health, citing
the recent, unprecedented rate of rise in increase in COVID-19 cases across California, issued a
Limited Stay at Home Order effective from November 21, 2020 at 10 pm PST to 5 am PST on
December 21, 2020 in counties under Tier One (Purpose) of California’s Blueprint for a Safer
Economy requiring that all gatherings with members of other households and all activities
conducted outside the residence, lodging, or temporary accommodation with members of other
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households cease between 10:00 pm PST and 5:00 am PST, except for those activities associated
with the operation, maintenance, or usage of critical infrastructure or required by law;
WHEREAS, on November 19, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior
Safer at Home Orders and became effective on November 20, 2020 and was essentially
equivalent to the October 23 Safer at Home Order with the exception that it limited the number
of persons at private outdoor gatherings to 15 persons and made other clarifications on
permissible private outdoor gatherings; limited the number of customers at outdoor restaurants,
breweries, and wineries to 50% of the establishment’s outdoor capacity and prohibited in-person
outdoor dining between the hours of 10:00 pm and 6:00 am; limited the number of customers at
outdoor cardrooms, miniature golf, batting cages, and go cart racing to 50% of the
establishment’s outdoor capacity; limited the number of persons at indoor operations for retail,
office, and personal care to 25% capacity; clarified that an essential business must comply with
the social (physical) distancing protocol and all other applicable protocols; and specified the type
of retail food market that must comply with the new protocol for grocery stores and retail food
markets; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a
Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which authorized, and provided rules and
authorized the Director of the Community Development Department to issue regulations
regarding, the temporary extension by certain eligible businesses of their operations into unused
portions of the parking lane on Main Street where the City has placed K-rails; waived the permit
fee for tents larger than 400 square feet for any special event permit filed with the Santa Monica
Fire Department in connection with a temporary use authorized by Sections 1 to 10 of the
Twenty-Eighth Supplement or Sections 19 to 78 of the Third Revised Eighteenth Supplement;
expanded temporary curbside pickup zones by allowing the designation and use of on-street
parking spaces where no metered spaces are adjacent to the business; clarified that the two-year
extension of deadlines for planning, review, and permit actions implemented by the Third
Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles
VIII and IX of the Santa Monica Municipal Code; authorized voluntary temporary disconnection
of City water service for commercial property accounts, excluding fire service accounts, upon
payment of a temporary disconnection fee of $208.00; clarified that landlords’ service of
required Notices of Terminations of Tenancy in accordance with instructions from the Rent
Control Board upon its acceptance of a notice of intent to Ellis a building will not violate the
eviction moratorium, while specifying that no unlawful detainer action based on removal of a
unit from the rental market pursuant to the Ellis Act may be filed until sixty days after the
expiration of the Twenty-Eighth Supplement; and extended the suspensions of water service shut
off and imposition of late payment penalties for unpaid or delinquent water, sewer, and/or refuse
and recycling collection bills through March 31, 2021; and
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WHEREAS, on November 25, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior
Safer at Home Orders; recognized the recent steep surge of COVID-19 cases and large increases
in hospitalizations and testing positivity rates in the County; noted that existing community
transmission of COVID-19 in Los Angeles County remains widespread and continues to present
a substantial and significant risk of harm to residents’ health; noted that there remains a strong
likelihood that increased interactions among members of the public will result in a significant
and increasing number of cases of community transmission; noted that because even people
without symptoms can transmit the virus and because evidence shows the infection is easily
spread, preventing, limiting, and placing conditions on various types of gatherings and other
direct and indirect interpersonal interactions have been proven to reduces the risk of transmitting
the virus; and was essentially equivalent to the November 19 Safer at Home Order with the
exceptions that it: aligned the County Safer at Home Order with California’s November 19, 2020
Limited Stay at Home Order (effective November 21 at 10:00 pm PST) by requiring that all
gatherings with members of other households and all activities conducted outside the residence,
lodging, or temporary accommodation with members of other households cease between 10:00
pm PST and 5:00 am PST, except for those activities permitted by the Safer at Home Order or
required by law; required restaurants, breweries, and wineries to only offer food and beverage
via take-out, prohibiting both indoor and outdoor on-site food and beverage service, for the
period November 25 through at least December 17, 2020; and
WHEREAS, on November 28, 2020, the Los Angeles County Department of Public
Health issued a Temporary Targeted Safer at Home Health Officer Order for Control of COVID-
19: Tier 1 Substantial Surge Response, effective from 12:01 am PST on November 30, 2020 to
11:59 pm PST on December 20, 2020, that, for this time period, temporarily replaces the
November 25, 2020 Safer at Home Order; recognized the recent substantial rise in COVID-19
cases, hospitalizations, and deaths in Los Angeles County; stated the Health Officer’s
expectation that both the number of new cases and hospitalizations will continue to rapidly
increase over the next 21 days; and, among other things: directs all persons to stay home, except
to travel to and from Essential Businesses, to work at or provide service to a Healthcare
Operation or Essential Infrastructure, to work at, perform or obtain services from an Essential
Governmental Function, or to participate in permitted individual or household activities while
practicing social distancing; prohibits all public and private gatherings and events with people
from more than one household except for outdoor faith-based services and outdoor protests, and
as permitted in paragraph 9 of the order; requires all persons leaving their residences to strictly
comply with Social (Physical) distancing requirements, including wearing a face covering or
mask over both the nose and mouth whenever they are or can be in contact with or waking near
or past others who are non-household members in both public and private places, whether
indoors or outdoors; maintains the requirement that all permitted activities with individuals of
other households and all activities conducted outside the residence, lodging, or temporary
accommodation with members of other households must cease between 10:00 pm and 5:00 am
(PST) except for those activities associated with the operation, maintenance, or usage of an
Essential Business, Healthcare Operation, Essential Infrastructure, Essential Government
Function, or required by law; maintains the closure of onsite indoor and outdoor dining at all
restaurants, allowing them to open only for takeout and delivery; requires the closure of
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playgrounds, except for playgrounds located within childcare centers or schools; and imposes
stricter capacity and other limitations on many Lower-Risk Businesses and permitted activities;
and
WHEREAS, on November 30, 2020, the Director of Emergency Services issued a
Twenty-Ninth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which extended to January 31, 2021, the
moratorium on evictions of residential tenants for reasons other than nonpayment of rent;
extended to January 31, 2021, the moratorium on evictions of commercial tenant 1s (as defined
in the Fifth Revised First Supplement) for nonpayment of rent, subject to the limitation the
moratorium would apply to certain commercial tenant 1s only if they paid 50% of rent due for
certain periods after September 30, 2020; extended to January 31, 2021, the authorization for
expanded temporary curbside pickup zones; authorized the Housing Commission to meet to
review and make recommendations regarding the update to the City’s Housing Element; and
suspended through March 31, 2021 late payment penalties for unpaid or delinquent Transient
Occupancy Taxes collected by hotels for periods beginning on or after November 1, 2020 (an
earlier suspension of such penalties expired as of June 30, 2020); and
WHEREAS, on December 3, 2020, as subsequently modified by a Supplement issued
December 6, 2020, the California Department of Health, citing the unprecedented surge in the
level of community spread of COVID-19, noting current projections showing that without
additional intervention to slow the spread of COVID-19 the number of available adult Intensive
Care Unit (“ICU”) beds in California will be at capacity in mid-December, and finding that
because the rate of increases in new cases continues to escalate and threatens to overwhelm the
state’s hospital system further aggressive action is necessary, imposed, effective December 5,
2020 at 12:59 pm PST, a regional stay at home order that, when adult ICU bed capacity for any
region is less than 15% (a threshold currently reached by the Southern California region that
includes Los Angeles County), among other things: prohibits all gatherings with members of
other household except as expressly permitted by the order; requires all individuals to stay home
or at their place of residence except as necessary to conduct activities associated with the
operation, maintenance, or usage of critical infrastructure, as required by law, or as specifically
permitted by the order; permits worship and political expression outdoors, consistent with
existing guidance for those activities; and requires all retailers allowed to operate indoors to do
so at no more than 20% capacity in accordance with guidance for retailers; and
WHEREAS, on December 6, 2020, the Los Angeles County Department of Public Health
issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 12:01 am PST on
December 6, 2020 until at least 11:59 pm PST on December 27, 2020, that, for this time period,
temporarily replaces the November 25, 2020 Safer at Home Order and supersedes the November
30, 2020 Safer at Home Order and, among other things: requires lower-risk retail businesses to
conduct entrance metering of customers and prohibit eating or drinking inside such businesses;
requires indoor and outdoor malls and shopping centers to conduct entrance metering of
customers and encourages special hours to be instituted for seniors and those with chronic
conditions or compromised immune systems; prohibits recreational overnight stays at
campgrounds; prohibits hotels, motels, and shared rental units from accepting or honoring out-
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of-state reservations for non-essential travel that are for a period of less than 14 days; and
modifies the maximum indoor capacity for essential retail businesses to 20%; and
WHEREAS, on December 8, 2020, the Director of Emergency Services issued a Thirtieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, to assist with the City’s Buy Local initiative that
encourages shopping at local businesses, authorized suspension of hourly parking fees for daily
short-term visitors in City parking structures 1 through 6 for the period from December 11
through 26, 2020; and superseded and replaced Sections 1 through 3 of the Seventh Supplement
with amended rules regarding off-site and retail alcohol sales that, in particular, add the
requirement that authorized sales of to-go alcoholic beverages may be delivered to customers
only at the same time as the required accompanying meals; and
WHEREAS, on December 15, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, and Twenty-Ninth Supplements
thereto; resolved that the local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council; and resolved that the supplements being ratified
above shall, except for those portions of earlier supplements that were not extended by the
Nineteenth Supplement, be operative and remain in effect through December 31, 2020, or any
later date expressly stated within the text of an individual supplement; and
WHEREAS, on December 19, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 12:01 am PST on
December 19, 2020 until at least 11:59 pm PST on December 27, 2020, that, for this time period,
temporarily replaces and supersedes the earlier Safer at Home and Temporary Targeted Safer at
Home Orders and is substantially equivalent to the December 6, 2020 Temporary Targeted Safer
at Home Order with the exceptions, among others, that it specifies that the required closure of
personal care establishments does not extend to medical massage that is done based on a referral
by a physician or chiropractor; specifies that all employees of any non-retail Lower-Risk
Business that is a manufacturing and logistics sector business that supplies Lower-Risk Retail
Businesses must wear a face covering over the nose and mouth at all times while present at
work; specifies that outdoor seating at indoor and outdoor malls, shopping centers, swap meets,
and restaurants is closed to the public; specifies that overnight stays at campgrounds are
permissible if used for COVID-19 mitigation and containment measures, providing
accommodation for essential workers or those displaced as a result of fire or other emergency, or
providing housing solutions to protect homeless populations; and, to align with recent Supreme
Court rulings for places of worship, permits attendance at in-person faith-based services or
practices, both indoors and outdoors, subject to compliance with physical distancing and
infection control requirements; and
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WHEREAS, on December 22, 2020, the California Department of Public Health issued a
Supplement to its November 19, 2020 Limited Stay at Home Order, extending that order such
that it will remain in place until and expire only after the December 3, 2020 Regional Stay at
Home Order has terminated in all regions in the State of California; and
WHEREAS, on December 22, 2020, the Director of Emergency Services issued a Thirty-
First Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the moratorium on evictions of residential
tenants for reasons other than non-payment of rent through March 31, 2021; required landlords
to report efforts to evict residential tenants by emailing the City Attorney’s Office at
EMReports@smgov.net unredacted copies of any notices provided in an effort to evict, including
any termination notice (for example, the 15-day notice required by the COVID-19 Tenant Relief
Act of 2020) or a Summons and Complaint for Unlawful Detainer, within two days of serving
any such notice on a tenant; provided that the Annual Taxicab Vehicle Permit Fee for the period
beginning February 1, 2020, and ending January 31, 2021, will be based on the actual number of
taxicab vehicles in operation rather than the number of taxicab vehicles permitted to operate;
with prior specified exceptions, extended the expiration of prior supplements that remained in
place to January 31, 2021 -- two new exceptions to the extension were: (a) the suspension of
preferential parking enforcement in all zones other than zone 3 was extended only through
January 3, 2021, with the result that enforcement of preferential parking would resume in all
blocks in all zones in the City as of 12:01 am January 4, 2021; and (b) the limitations on and
suspensions of conducting meetings of City Boards, Commissions, and other appointed bodies
were lifted as of December 31, 2020, with the result that beginning January 1, 2021, meetings
could be conducted in accordance with the direction provided by the City Council at its
December 15, 2020 meeting; and
WHEREAS, on December 27, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, extended its December 19, 2020 Revised Temporary Targeted Safer at Home Health
Officer Order for Control of COVID-19: Tier 1 Substantial Surge Updated Response, effective
from 11:59 pm PST on December 27, 2020 to remain in effect for as long as the State Public
Health Officer’s Regional Stay at Home Order remains in effect in the Southern California
Region; and
WHEREAS, on December 29, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 11:59 pm PST on
December 29, 2020, to remain in effect for as long as the State Public Health Officer’s Regional
Stay at Home Order remains in effect in the Southern California Region, that was substantially
equivalent to the December 19, 2020 Temporary Targeted Safer at Home Order, as extended
December 27, 2020, with the exception that it added a requirement that persons arriving in the
County of Los Angeles from other states or countries on non-essential travel, including returning
Count of Los Angeles or California residents, must practice self-quarantine for 10 days after
arrival, limiting their interactions to those within their immediate household; and
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WHEREAS, on December 30, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 11:59 pm PST on
December 30, 2020, to remain in effect for as long as the State Public Health Officer’s Regional
Stay at Home Order remains in effect in the Southern California Region, that was substantially
equivalent to the December 29, 2020 Temporary Targeted Safer at Home Order, with the
exception that it added an Appendix W: Mandatory Directive on Travel to establish rules for
mandatory quarantine after non-essential travel, and modified the requirements for return from
travel to provide that, except as provided in Appendix W, persons arriving in the County of Los
Angeles from anywhere outside of the Southern California Region on or from non-essential
travel, including returning County of Los Angeles residents, must self-quarantine for 10 days
after arrival, staying at home or another place of temporary shelter and away from contact with
others, including those in one’s household (unless they are also under quarantine) for a period of
at least 10 days if no COVID-19 symptoms develop; and
WHEREAS, on January 5, 2021, the County of Los Angeles, citing the continued,
unprecedented public health and economic crisis due to the COVID-19 pandemic, noting the
expiration on January 31, 2021 of both the AB 3088 eviction protections to residential tenants
who are unable to pay rent during the COVID-19 emergency and the AB 3088 preemption of
actions by local governments to protect residential tenants from eviction for nonpayment of rent
due to financial distress related to COVID-19, and noting the critical importance as winter
months and colder temperatures arrive of continuing protections that can keep residents in their
homes and off the streets, adopted a resolution extending the County’s eviction moratorium
through February 28, 2021, with further extensions to be reevaluated every thirty days, and
applying the moratorium to nonpayment of rent incurred between February 1, 2021 and February
28, 2021 by both commercial and residential tenants so long as the reason for nonpayment is
financial impacts related to COVID-19 and the tenants have provided notice to their landlords of
their inability to pay within seven days after the date that rent was due; and
WHEREAS, on January 11, 2021, the Los Angeles County Department of Public Health,
in response to continuing increases in COVID-19 cases, hospitalizations, and deaths, issued an
urgent plea for everybody to be extremely cautious and very careful; to avoid, as much as
possible, contact with others that are not in their households; and when they must go out, to work
or for essential services, to always wear a mask, keep their distance form others, wash their hand
frequently, and bring sanitizing wipes with them to wipe down cell phones, car keys,
workstations, door handles, and anything else they touch and other people are touching; and
WHEREAS, on January 19, 2021, the Director of Emergency Services issued a Thirty-
Second Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the City’s moratorium on evictions of
residential tenants for non-payment of rent due to the financial impacts of COVID-19 to apply to
rent due and unpaid during the period February 1, 2021 through March 31, 2021; extended the
moratorium on eviction for nonpayment of rent by a commercial tenant 1 to apply to rent due
and unpaid due to the financial impacts of COVID-19 through March 31, 2021, and extended the
date by which a commercial tenant 1 may repay unpaid rent from June 30, 2021 to September
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30, 2021; subject to exceptions specified in the Nineteenth and Thirty-First Supplements,
extended the expiration of prior supplements that remained in place to March 31, 2021; and
authorized BBB to modify its existing agreement with the entity that markets advertising on
BBB buses; and
WHEREAS, on January 20, 2021, President Biden signed an executive order mandating
that the United States Center for Disease Control extend its current eviction moratorium until at
least March 31, 2021, and the Director of the CDC, noting that the COVID-19 pandemic has
presented a historic threat to our nation’s health and also triggered a housing affordability crisis
that disproportionately affects some communities, announced that it was extending its order
temporarily halting residential evictions until at least March 31, 2021; and
WHEREAS, on January 25, 2021, noting that while there are positive signs that COVID-
19 is spreading at a slower rate across the state the COVID-19 pandemic is far from over; that it
is still critical that Californians continue to wear masks when they leave their homes, maintain
physical distance of at least 6 feet, wash their hands frequently, avoid gatherings and mixing
with other households, and follow all state and local health department guidance and get the
vaccine when it is their turn; and that the majority of counties remain in the strictest, or purple,
tier that indicates which activities and businesses may open based on local case rates and test
positivity, the California Department of Health ended the state’s Regional Stay at Home Order,
allowing all counties statewide to return to the rules and framework of the Blueprint for a Safer
Economy; and
WHEREAS, on January 25, 2021, the Los Angeles County Department Public Health, in
light of the California Department of Public Health’s lifting of the State’s Regional Stay at Home
Order, reinstated the November 25, 2020 County Safer at Home Order with additional updates,
including modified guidance for attending faith-based services; and
WHEREAS, on January 26, 2021, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-
First, and Thirty-Second Supplements thereto; resolved that the local emergency shall be deemed
to continue and exist until its termination is proclaimed by the City Council; and resolved that
the supplements being ratified above shall, except for those portions of earlier supplements that
were not extended by the Nineteenth and Thirty-First Supplements, be operative and remain in
effect through March 31, 2021, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, on January 28, 2021, the Director of Emergency Services issued a Thirty-
Third Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which permitted satellite outdoor dining in portions of the
roadway in the Third Street Promenade pursuant to limitations set out in the supplement and
regulations to be issued by the Director of the Community Development Department; given the
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pending expiration of AB 3088’s eviction protections for residential tenants for nonpayment of
rent due to COVID-19 financial distress, extended the City’s moratorium on evictions of
residential tenants for non-payment of rent due to the financial impacts of COVID-19 to apply to
rents due and unpaid during the period February 1, 2021 through June 30, 2021; and extended
the City’s moratorium on evictions of tenants for reasons other than nonpayment of rent through
June 30, 2021;
WHEREAS, on January 29, 2021, California enacted SB 91, which extended the
expiration of the state moratorium on evictions for nonpayment of rent due to COVID-19
financial distress from February 1, 2021 to July 1, 2021, and included provisions preempting
local eviction moratoriums; and
WHEREAS, on January 29, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders; noted the recent decline of COVID-19 cases, hospitalizations, and testing
positivity rates in the County, while also noting that the County remained in the most restrictive
tier of the State’s Blueprint for a Safer Economy and the community transmission of COVID-19
even as daily case counts were decreasing remained high and widespread within the County; and
revised the January 25, 2021 Safer at Home Order to reopen some additional businesses with
updated protocols and remove the closure of Lower-Risk Retail Business between the hours of
10:00 pm – 5:00 am; and
WHEREAS, on February 10, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders and modified the January 29, 2021 Safer at Home Order in light of a recent U.S.
Supreme Court decision and subsequent change made by the State related to restrictions on ;aces
of worship, permitted places of worship to open for indoor services limited to 25% of indoor
capacity and continued compliance with specified conditions; and
WHEREAS, on February 18, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders and modified the February 10, 2021 Safer at Home Order to note that per the State
consolidated framework and guidance, when the Los Angeles County adjusted daily case rate has
been less than 25 per 100,000 population for five consecutive days and the school has met all
state and county requirements for reopening, schools may open for in person instruction for
students in grades TK-6; and
WHEREAS, on March 5, 2021, the California Department of Public Health updated the
activity and business tiers under its Blueprint for a Safer Economy to provide for modified
criteria for the tiers depending on levels of vaccination; and
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WHEREAS, on March 12, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders; noted that Los Angeles County would be entering the Red Tier of the State’s
Blueprint for a Safer Economy effective March 13, 2021; lifted some local activity-specific
restrictions effective 12:01 am, Monday, March 15, 2021; but noted that Los Angeles County
continues to experience rates of COVID-19 transmission, the danger COVID-19 poses has not
subsided, most people in our community are still not vaccinated, and new variants of the virus
that may spread more easily or cause more severe illness are present in Los Angeles County,
though their impact on the local pandemic is largely unknown; and cautioned that businesses,
entities, and residents should continue exercising caution even as certain restrictions are lifted;
and
WHEREAS, on March 19, 2021, the Director of Emergency Services issued a Thirty-
Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which modified the authorization for temporary curbside
pickup zones so that as of April 1, 2021, they will be allowed only for restaurants and not for
other businesses; and with specified exceptions, extended the expiration of prior supplements
that remain in place to April 30, 2021, with later expiration dates stated in specific supplements
remaining unchanged -- provisions not being extended will result in: (a) impositions of late
payment penalties for unpaid or delinquent transient occupancy taxes resuming as of April 1,
2021; and (b) the eviction moratorium for commercial tenant 1s not being extended, with the
result that it will not apply to rent that becomes due after March 31, 2021; and
WHEREAS, on March 24, 2021, the Director of Emergency Services issued a Corrected
Thirty-Fourth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which corrected a typographic error in Section
10 of the Thirty-Fourth Supplement regarding the time periods of rent to which the eviction
moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, would
apply; and
WHEREAS, on April 2, 2021, the United States Center for Disease Control and
Prevention issued an updated advisory regarding domestic travel during COVID-19, which
recommended delaying travel until fully vaccinated; continued to require the wearing of masks
on planes, buses, trains, and other forms of public transportation traveling into, within, or out of
the United States and U.S. transportation hubs such as airports and stations; and continued to
require staying at least 6 feet from anyone not a traveling companion; and
WHEREAS, on April 2, 2021, the Los Angeles County Department Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Orange Tier Risk Reduction Measures order that, effective April 5, 2021,
superseded all prior Safer at Home Orders; made revisions reflecting the County’s move into the
Orange Tier of the State’s Blueprint for a Safer Economy; added new protocols for Outdoor
Seated Live Events and Performances, Amusement Parks and Theme Parks, and Bars with a low-
risk public health food facility permit; and increased capacity limits while maintaining Social
(Physical) Distancing and masking requirements for the following sectors – Restaurants,
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Breweries, and Wineries, Cardrooms, Places of Worship, Family Entertainment Centers,
Shopping Malls, Retail, Fitness Centers, Personal Care Establishments, Limited Services, Movie
Theaters, Museums, and Institutes of Higher Education, but noted that as the County moves into
the Orange tier, even as daily case counts, hospitalizations, and deaths are decreasing,
community transmission of COVID-19 remains at a moderate level and continues to present a
substantial and significant risk of harm to residents’ health; vaccinations are occurring as quickly
as supplies allow but most people in our community are still not vaccinated; new variants of the
virus that may spread more easily or cause more severe illness are present in our county, but their
impact on our local epidemic is largely unknown; and reopening requires that all individuals and
businesses use particular care and do their part to make activities as safe as possible by strictly
and consistently wearing masks and following physical distancing requirements and all other
business- or activity-specific safety protocols; and
WHEREAS, on April 6, 2021, the California Department of Public Health announced
that, as California reached 20 million vaccines administered and COVID-19 case rates and
hospitalizations have stabilized, effective June 15, 2021, California will move beyond the
Blueprint for a Safer Economy to fully reopen the economy, with all industries across the state
returning to usual operations, with the continuation of common-sense, limited public health
restrictions such as masking, testing, testing or vaccination verification requirements for large-
scale higher-risk events, and workplace policies that reduce risk, including remote work when
possible without impacting business operations, if two criteria are met: (1) vaccine supply is
sufficient for Californians 16 years or older who wish to be inoculated to obtain an appointment
to receive the inoculation within two weeks; and (2) hospitalizations are stable and low, and
specifically, hospitalizations among fully vaccinated individuals are low; and
WHEREAS, on April 11, 2021, the Los Angeles County Department of Public Health
issued an updated Travel Advisory and Guidance, consistent with the Centers for Disease
Control and Prevention guidance, advising that fully vaccinated persons may travel but should
continue to take precautions and, if asymptomatic, on return from domestic travel, no quarantine
or testing is required; but continuing to advise that until they are fully vaccinated, Los Angeles
County residents should continue to avoid all non-essential travel outside of California, and
requiring that all non-essential travelers who are not fully vaccinated must quarantine on arriving
in or returning to Los Angeles County from other states or countries; and
WHEREAS, on April 14, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Orange Tier Risk Reduction Measures order that, effective
April 15, 2021, superseded all prior Safer at Home Orders; added new reopening protocols for
Indoor Seated Live Events and Performances and Private Events (meetings, receptions, and
conferences); added Guidance for Informal Social Gatherings, which replaced the prior guidance
for private gatherings; and added Fairs to the protocol for Amusement and Theme Parks, but
noted that as the County continues in the Orange tier, daily case counts, hospitalizations, and
deaths remain at moderate levels; community transmission of COVID-19 remains at a moderate
level and continues to present a substantial and significant risk of harm to residents’ health;
vaccinations are occurring as quickly as supplies allow but most people in our community are
still not vaccinated; new variants of the virus that may spread more easily or cause more severe
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illness are present in our county, but their impact on our local epidemic is largely unknown; to
keep our community safe, it remains important that all residents continue to follow core
principles and practices, including consistent and correct use of masks, physical distancing from
those who do not live with you, avoiding crowds, and getting vaccinated when possible; and
people at risk for severe illness with COVID-19, such as unvaccinated older adults and
unvaccinated individuals with health risks, and members of their household should defer
participating at this time in activities with other people outside their household where taking
protective measures of wearing face masks and social distancing may be difficult, especially
indoors or in crowded spaces; and
WHEREAS, on April 27, 2021, the Director of Emergency Services issued a
Thirty-Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring
the Existence of a Local Emergency, which with specified exceptions, extends the expiration of
prior supplements that remain in place until June 15, 2021; except, however, if a later date is
stated in a specified supplement, for imposition of late payment penalties for unpaid or
delinquent Certified Unified Program Agency (CUPA) and Fire Prevention Inspection charges,
which may resume as of May 1, 2021, or for the issuance of performance permits for street
performers on the pier, Third Street Promenade, and Transit Mall, which will resume May 1,
2021, subject to the requirement that all performers comply with all social distancing and
infection control protocols imposed by applicable State and County public health orders; in light
of the prior suspension of 2020 performance permits, those permits will remain valid for the
period May 1, 2021 through December 31, 2021; and
WHEREAS, on May 5, 2021, the Los Angeles County Department Public Health issued a
revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Yellow Tier Risk Reduction Measures order that, effective May 6, 2021,
superseded all prior Safer at Home Orders; made revisions reflecting the County’s move into the
Yellow Tier of the State’s Blueprint for a Safer Economy, including, but not limited to,
modifications to protocols authorizing certain businesses to reopen with specified capacity
restrictions, but noted that as the County moves into the Yellow tier, even as daily case counts,
hospitalizations, and deaths are decreasing, most people in our community are still not fully
vaccinated and remain susceptible to infection and the revision of reopening protocols does not
mean that the activities are safe and without risk;
Whereas, on May 14, 2021, the Los Angeles County Department Public Health issued a
revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Yellow Tier Risk Reduction Measures order that, effective that same day,
superseded all prior Safer at Home Orders, and was largely the same as the May 5, 2021 Safer at
Home Order, with the exception that it clarified that professional services businesses, including
residential and commercial real estate, should operate in compliance with Appendix A: Social
Distancing; and
WHEREAS, as of May 17, 2021, the Los Angeles County Department of Public Health
has confirmed 1,237,561 cases of COVID-19 in Los Angeles County and has continued to advise
that public health measures remain required to prevent the further spread of COVID-19; and
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WHEREAS, the risk for COVID-19 exposure and infection will continue to remain until our
community reaches herd immunity through vaccinations; WHEREAS, evidence suggests that
use of face coverings by the public may help reduce disease transmission by reducing the release
of infectious particles into the air when someone speaks, coughs, or sneezes, especially in cases
of asymptomatic and pre-symptomatic people or those with mild symptoms who do not realize
that they are infections and contagious, and reinforces physical distancing by signaling the need
to remain apart; and
WHEREAS, in low-risk settings, such as when a person who is fully vaccinated and is
outdoors with members from their household or a small group of others who are fully vaccinated
or not at higher risk of severe illness or death from COVID-19, fully vaccinated persons do not
need to wear face coverings; however, in higher-risk settings, such as when indoors or in
crowded spaces, fully vaccinated persons must continue to wear face coverings to protect
themselves and others from transmission of COVID-19, including its more infectious variants;
and
WHEREAS, there are reports that within the City and across the nation people have
falsely claimed to be exempt from wearing a face covering due to a purported medical or mental
health condition or disability and, on June 26, 2020, the Los Angeles County Department of
Health issued a tweet warning that “Face Mask Exempt” cards are “NOT from a government
agency and are not endorsed by the Department of Justice or any Los Angeles County
department;” and
WHEREAS, on June 30, 2020, the United States Department of Justice issued a press
release warning that “[i]naccurate flyers or other postings have been circulating on the web and
via social media channels regarding the use of face masks and the Americans with Disabilities
Act (ADA) due to the COVID-19 pandemic” and explained the “ADA does not provide a
blanket exemption to people with disabilities from complying with legitimate safety
requirements necessary for safe operations”; and
WHEREAS, City officers or employees authorized to enforce this Order and businesses
within the City attempting to comply with this Order and ensure the safety of their customers and
employees have a legitimate interest in ferreting out false representations that a person is exempt
from wearing a face covering due to a purported medical or mental health condition or disability,
especially given the increased risk of disease transmission when persons do not wear a face
covering whenever they leave their residence and are or can be in contact with others who are
non-household members; and
WHEREAS, persons with a medical or mental health condition or disability that prevents
them from wearing a face covering have a right to privacy; and
WHEREAS, permitting City officers or employees authorized to enforce this Order and
businesses within the City attempting to comply with this Order and ensure the safety of their
customers and employees to ask persons claiming to be exempt from wearing a face covering
due to a medical or mental health condition or disability for a credible assurance of the
applicability of such exemption, in accordance with the provisions of this Order below, strikes a
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balance between an individual’s privacy, fraud protection, and public health, safety and welfare,
and is consistent with 28 C.F.R. § 35.137 and 28 C.F.R. § 36.311, which permit public entities
and public accommodations to request such a credible assurance from those who use certain
power-driven mobility devices; and
WHEREAS, California Government Code 8634 empowers the City to promulgate orders
and regulations necessary to provide for the protection of life and property during a local
emergency, and
WHEREAS, in the interest of public health and safety, as affected by the emergency
caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section
2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of
life and property.
NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of
Santa Monica, do hereby issue the following order to become effective immediately, subject to
ratification as soon as practicable by the City Council.
IT IS HEREBY ORDERED THAT:
A. Face Coverings
1. Sections 1 through 18 of this Order supersedes and replaces the First Revised
Twentieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency issued July 15, 2020 (the “Revised
Twentieth Supplement”).
2. The definitions in the County Department of Health’s Safer at Home Order apply to
the words and phrases used in this Order unless context dictates otherwise. In
addition, as used in this Order, the following terms have the following meanings:
a. “Business” means a lower-risk business, essential business, healthcare operation,
essential infrastructure, or other sector or business authorized to operate, reopen,
or conduct minimum basic operations by the County Department of Health’s
Safer at Home Order. For the purpose of this Order, business does not include the
City of Santa Monica or other location or facility engaged in essential government
functions.
b. “Crowded space” means a space outside of one’s residence where a person cannot
maintain at least 6 feet of distance from non-household members and it is
unknown whether all persons present are fully vaccinated. A crowded space
includes, but is not limited to, live performances, parades, sporting events, and the
Santa Monica Pier, Ocean Front Walk, and the Third Street Promenade on
weekends, national holidays, and after 12 p.m. on Fridays.
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c. “Face covering” means a scarf (tightly-woven or dense fabric, without holes),
bandana, neck gaiter, medical-grade mask or respirator, or other mask or covering
made of cloth or other fabric that covers a person’s nose and mouth. Face
covering does not mean any mask that incorporates a one-way valve (typically a
raised plastic cylinder about the size of a quarter on the front or side of the mask)
that is designed to facilitate easy exhaling, because such a mask allows droplets to
be released from the mask and puts others nearby at risk.
d. “Operator” means an owner or operator of a business.
3. All directives included in the California Department of Public Health’s Guidance for
the Use of Face Coverings (the “State’s Face Covering Guidance”), including any
later amendments and successors thereto, are hereby adopted as rules and regulations
of the City of Santa Monica pursuant to Section 2.16.060(f)(1) of the Santa Monica
Municipal Code. For purposes of clarity, all directives in the County Department of
Health’s Safer at Home Order, including any later amendments and successors
thereto, were adopted as rules and regulations of the City of Santa Monica pursuant to
Section 2.16.060(f)(1) of the Santa Monica Municipal Code in the Eighth Supplement
to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency issued March 22, 2020
4. Unless an exemption in Section 5 applies, all persons must wear face coverings
whenever they leave their place of residence and one of the following situations
applies:
a. When they are or can be in contact with or walking near or past others who are
non-household members in both public and private spaces, including, but not
limited to, walking through common areas such as hallways, stairways, elevators,
and parking facilities;
b. When patronizing a business, including while standing in line to enter any
business;
c. When obtaining services from healthcare operations, unless otherwise directed by
the healthcare provider;
d. When obtaining services from and while inside or at any location or facility
engaging in essential government functions;
e. While riding on public transportation or paratransit or while in a taxi, private car
service, or ride-sharing vehicle;
f. When driving or operating any public transportation or paratransit vehicle, taxi, or
private car service or ride-sharing vehicle when passengers are present;
g. When required by any directive of the County of Los Angeles Department of
Public Health, including the Safer at Home Order, reopening protocols, or other
guidance;
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h. When engaged in work, either at a business or off-site (other than at one’s own
residence) and when (i) interacting in-person with any member of the public;
(ii) working in any space visited by members of the public, regardless of whether
anyone from the public is present at the time; (iii) working in any space where
food is prepared or packaged for sale or distribution to others; (iv) working in or
walking through common areas, such as hallways, stairways, elevators, and
parking facilities; or (v) in any room or enclosed area where people who are non-
household members are present and unable to maintain a minimum six-foot
separation from one another.
5. The following persons are exempt from wearing a face covering:
a. Persons younger than two years old;
b. Persons with a medical condition, mental health condition, or disability that
prevents wearing a face covering;
c. Persons who are hearing impaired, or communicating with a person who is
hearing impaired, where the ability to see the mouth is essential for
communication;
d. Persons for whom wearing a face covering would create a risk to the person
related to their work, as determined by local, state, or federal regulators or
workplace safety guidelines;
e. Persons who are obtaining a service involving the nose or face for which
temporary removal of the face covering is necessary to perform the service;
f. Persons who are actively engaged in a water-based activity, including, but not
limited to, swimming and surfing;
g. Persons who are compliant with any directive of the County of Los Angeles
Department of Public Health, including the Safer at Home Order, reopening
protocols, or other guidance, which authorizes persons to remove their face
coverings;
h. Persons wearing personal protective equipment (“PPE”)that is more protective
than a face covering;
i. Persons who are fully vaccinated and (i) outdoors alone or with household
members; (ii) outdoors with a small group of non-household members who are
fully vaccinated; (iii) outdoors with a small group of people who are not fully
vaccinated and are not at higher risk of severe illness or death from COVID-19; or
(iv) compliant with any directive of the County of Los Angeles Department of
Public Health, including the Safer at Home Order, reopening protocols, or other
guidance, which authorizes fully-vaccinated persons to not wear or remove their
face coverings.
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j. Persons compliant with any regulation promulgated pursuant to Section 14.
6. Persons who are exempt under Section 5(b) who are employed at a business involving
regular contact with other non-household members must wear a non-restrictive
alternative, such as a face shield with a drape on the bottom edge, as long as their
medical condition permits it.
7. Persons who are exempt under 5(i) are required to wear face coverings (a) in crowded
spaces; (b) in public or private settings when face coverings are required for fully-
vaccinated persons by any directive of the County of Los Angeles Department of
Public Health, including the Safer at Home Order, reopening protocols, or other
guidance; (c) at worksites or businesses, unless specified otherwise by any directive
of the County of Los Angeles Department of Public Health, including the Safer at
Home Order, reopening protocols, or other guidance; and (d) any setting where face
coverings are required by the Operator.
8. An operator or any City peace officer or other officer or employee authorized to
enforce this Order pursuant to Section 17 or an Operator seeking to comply with
Sections 10 and 11 of this Order (collectively “Inquirers”) may ask a person claiming
to be exempt under Section 5(b) to provide a credible assurance that he or she is not
wearing a face covering because of his or her medical condition, mental health
condition, or disability. An Inquirer shall accept the presentation of written
documentation from a medical professional that the person’s medical condition,
mental health condition, or disability exempts that person from wearing a face
covering as a credible assurance that the person is exempt under Section 5(b). In lieu
of such documentation, an Inquirer shall accept as a credible assurance a verbal
representation, not contradicted by observable fact, that the person is not wearing a
face covering because of his or her medical condition, mental health condition, or
disability. Notwithstanding the foregoing, an Inquirer may not ask a person claiming
to be exempt under Section 5(b) to provide a credible assurance if such a person has
an obvious or readily apparent medical condition, mental health condition, or
disability that prevents the wearing of a face covering or if the medical condition,
mental health condition, or disability is otherwise known to the Inquirer. Nothing in
this Order permits an Inquirer to ask a person questions about the nature and extent of
that person’s medical condition, mental health condition, or disability.
9. Operators who employ or contract with persons who are required by Section 4(h) to
wear a face covering (“workers”) must permit those workers to wash their hands at
least every 30 minutes. All such operators must provide, at their expense, face
coverings for their workers. All such operators must ensure that their workers have
access to: (a) clean, sanitary restrooms, stocked with all necessary cleansing products,
provided at the operator’s expense; or (b) sanitizing agents required to observe hand
sanitation protocols recommended by the Los Angeles County Department of Public
Health, provided at the operator’s expense.
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10. Operators may refuse admission or service to any person who fails (a) to wear a face
covering as required by this Order or (b) to adhere to the social (physical) distancing
requirements stated in the County Department of Health’s Safer at Home Order or
specified in guidance or protocols established by the County of Los Angeles
Department of Public Health.
11. Operators shall take all reasonable steps to ensure that persons who are standing in
line to enter the business or who have entered the business (a) wear a face covering,
unless an exemption under Section 5 applies, and (b) adhere to the social (physical)
distancing requirements stated in the County Department of Health’s Safer at Home
Order or specified in guidance or protocols established by the County of Los Angeles
Department of Public Health.
12. Any Operator may sell face coverings and emergency supplies.
13. All sellers of face coverings and emergency supplies shall abide by all federal, state,
and local price gouging laws.
14. The Director of Emergency Services or designee may promulgate regulations to
implement the provisions of this Order. No person shall fail to comply with any such
regulation.
15. Should the directives of the State’s Face Covering Guidance, the County Department
of Health’s Safer at Home Order, this Order, or any regulations promulgated
thereunder conflict, the stricter regulation shall apply.
16. This Order does not displace and should not be construed as displacing any face
covering requirements for workplaces subject to Cal/OSHA COVID-19 Emergency
Temporary Standards (“ETS”).
17. Sections 2 through 13 and any regulations promulgated under Section 14 of this
Order shall be enforceable by the Santa Monica Police Department and any City
officer or employee granted authority to issue written notices to appear pursuant to
Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to
Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100,
or through the issuance of administrative citations in accordance with Chapter 1.09 of
the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica
Municipal Code, the amount of the fine for a violation of any provision of, or any
regulations issued under, this Order shall be as follows: (a) for violations by
individuals: $100 for the first violation; $250 for a second violation committed within
one year for the first violation; and $500 for a third violation or subsequent violations
committed within one year of the first violation; and (b) for violations by businesses:
$500 for the first violation; $750 for a second violation committed within one year for
the first violation; and $1000 for a third violation or subsequent violations committed
within one year of the first violation. Each day or portion of a day that any person
violates or continues to violate any provision of, or any regulations issued under, this
Order constitutes a separate violation and may be charged and punished separately.
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18. Pursuant to Santa Monica Municipal Code 1.09.040(c), a late payment charge of 10%
of the applicable fine shall be imposed for the payment of an administrative fine
imposed pursuant to Section 17 of this Order after its due date.
B. Parking-Related Citations and Enforcement
19. Section 19 and 20 of this Order supersedes and replaces Section 3(b) (regarding
suspension of late payment penalties for unpaid or delinquent parking citations),
Section 4 (regarding the suspension of parking restrictions and limitations for green
parking zones), and Section 5 (as it relates to the suspension of towing for delinquent
parking citations and expired registration) of Revised Fifth Supplement to the
Executive Order of the Director of Emergency Services Declaring the Existence of a
Local Emergency issued March 18, 2020 (the “Revised Fifth Supplement”).
20. By operation of this Order:
a. The imposition of late payment penalties for unpaid or delinquent parking
citations shall resume;
b. Enforcement of parking restrictions and limitations in Santa Monica Municipal
Code Section 3.12.730, Green Parking Zones may resume; and
c. Towing may resume for violations of the California Vehicle Code related to
delinquent parking citations (California Vehicle Code Section 22651i) and
expired registration (California Vehicle Code Section CVC 22651o).
C. General Provisions
21. This Order shall take effect at 12:01 a.m. on May 18, 2021. Unless extended or
expressly superseded by a duly enacted Ordinance of the City Council or by a further
Order by the Director of Emergency Services, this Order shall remain in effect
through June 15, 2021. For purposes of clarity, the Revised Twentieth Supplement
and Section 3(b) (regarding suspension of late payment penalties for unpaid or
delinquent parking citations), Section 4 (regarding the suspension of parking
restrictions and limitations for green parking zones), and Section 5 (as it relates to the
suspension of towing for delinquent parking citations and expired registration) of the
Revised Fifth Supplement, as modified above, shall no longer be in effect as of 12:01
a.m. on May 18, 2021.
///
///
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22. If any section, subsection, sentence, clause, or phrase of this Order is for any reason
held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this Order. The Interim City Manager hereby declares that she would have issued this
Order, the Executive Order, and any Supplement or Revised or Corrected Supplement
to the Executive Order, and each and every section, subsection, sentence, clause, or
phrase of this Order, the Executive Order, and any Supplement or Revised or
Corrected Supplement to the Executive Order not declared invalid or
unconstitutional, without regard to whether any portion of this Order, the Executive
Order, or any Supplement or Revised or Corrected Supplement to the Executive
Order would be subsequently declared invalid or unconstitutional.
ADOPTED this 18th day of May 2021.
By: LANE DILG
Interim City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
DENISE ANDERSON-WARREN
City Clerk
GEORGE S. CARDONA
Interim City Attorney
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1685 Main Street, Suite 209, Santa Monica, CA 90401 • lane.dilg@santamonica.gov
santamonica.gov • @cityofsantamonica • @santamonicacity
Office of the City Manager
THIRTY-SEVENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE
DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY
WHEREAS international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
“SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,”
abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and
Department of Public Health declared a local emergency and local public health emergency to
aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the State prepare for broader
spread of COVID-19; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, the City of Santa Monica (“the City”)
cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that
were scheduled to occur through permit or license between March 12, 2020, and March 31,
2020, absent a persuasive showing by the permittee or licensee that the gathering could take
place in accordance with the guidance and directives of public health authorities; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, and to protect the health and safety of the
City workforce, the City announced that Santa Monica City Hall would be closed to the public
and open only to City employees from March 16, 2020, to March 31, 2020; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make emergency funding
available to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local
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emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the
availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised
declaration of local emergency to ensure compliance with all digital signature requirements; and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first
supplemental emergency order placing a temporary moratorium on evictions for non-payment of
rent and temporarily suspending (a) the discontinuation or shut off of water service for residents
and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late
payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late
payment penalties or fees for parking violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second
supplemental emergency order temporarily closing the Santa Monica Pier to the general public;
and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health
issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events
of 50 or more people, requiring certain social distancing measures, and ordering the closure of
certain businesses; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third
supplemental emergency order that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and
fitness centers, and non-medical physical health and beauty businesses; and temporarily
prohibited restaurants, bars, and retail food facilities from serving food on-premises; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive
Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise
restrict a local government’s exercise of its police powers to impose substantive limitations on
residential and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised
Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics,
and emergency shelters in all zoning districts and allow the Director of the Department of
Planning and Community Development or designee to waive development standards, design
review, parking and access requirements, and sign standards related to such uses; to permit
limited service and take-out restaurant uses in any zoning district that allows full-service
restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets,
general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and
automatic approvals; to extend interim zoning ordinances now in effect; to direct that street
sweeping not be conducted unless essential for public health and safety and suspend parking
citations related thereto; to suspend preferential parking rules; to suspend certain regulations
relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and
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WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive
Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N-
25-20 to suspend and waive certain provisions of state and local law, including but not limited to
those provisions in the Bagley-Keene Act and the Brown Act related to the notice and
accessibility requirements for the conduct of public meetings where the physical presence of
public attendees or members of the public body seeking to meet are impliedly or expressly
required; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
First Supplement to the Executive Order of the Director of Emergency Services implementing
eviction protections for residential and commercial tenants and suspending removals of rental
property from the market under the Ellis Act; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus
(BBB) customers, with the exception of Americans with Disabilities Act customers traveling in
mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or
shut-off of water services for residents and businesses based on non-payment of water or sewer
bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c)
refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e)
Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and
(h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking
lots, parking zones, and parking spaces; and suspending penalty assessments related to business
licenses and business improvement district assessments; and
WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the
proclamation and the aforementioned Supplements shall be operative and in effect through April
30, 2020; and
WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive
Order N-33-20 directing all residents of the State of California to heed directives issued by the
State Health Officer on the same date instructing all Californians to stay home except as needed
to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and
limiting gatherings to 9 people or less; and
WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that
the City may assess the financial impacts of COVID-19 prior to engaging in collective
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bargaining, and suspending various human resources processes in order to decrease in-person
meetings and enable effective emergency response, including suspending requirements
associated with the administration of competitive examinations and the appointment of
individuals from eligibility lists; suspending certain requirements and minimum qualifications
associated with the appointment of temporary, limited-term, and as-needed employees; and
modifying the Municipal Code to state that certain additional appointments will be subject to a
probationary period; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California
Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting
restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site
consumption via delivery and take-out; and
WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all
nonessential businesses and prohibiting gatherings of non-household members; and
WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica
the Executive Order N-33-20, issued by the Governor of the State of California on March 19,
2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of
COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020
(the “County Safer at Home Order” or “Safer at Home Order”), including any later amendments
or successors thereto, the stricter of which shall apply if there is any conflict between the
Governor’s Stay at Home Order and the County Safer at Home Order; and authorizing the City
to issue administrative citations to enforce this and the previously issued supplements to its
emergency declaration; and
WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive
Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to
respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to
reasons related to COVID-19; and
WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health
issued an Addendum to the County Safer at Home Order closing all public trails and trailheads,
as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that
sanded portion of the beach, and beach access points; and
WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency closing certain City facilities, waiving late payment fees for
City leases and licenses during the effective period of the order, suspending rent payments for
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City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses
and outdoor dining license payments for City licensees for the month of April, granting the
Director of the Department of Housing and Community Development discretion to suspend
additional rent or license payments for the month of April for City tenants and licensees whose
operations have been closed pursuant to emergency orders issued by the City, the County of Los
Angeles Department of Public Health, or the Governor of California, authorizing the City to
delay responses and productions of records in response to public record requests under specified
circumstances, and extending by one month Santa Monica Fire Department annual permits of
operation set to expire on May 1, 2020; and
WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the County Safer at Home Order clarifying that all government
employees are essential workers during the pandemic; and
WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency imposing requirements specific to construction sites and
projects to ensure their compliance with the social distancing and hygiene directives imposed by
the County Safer at Home Order; and
WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an
emergency court rule that effectively delays all evictions, other than those necessary to protect
public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to
all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or
another reason; among other things, the rule temporarily prohibits a court from issuing a
summons after a landlord files an eviction case, unless necessary to protect public health and
safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to
serve on the tenant until 90 days after the emergency passes; and
WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements
thereto, and resolved that the proclamation and the aforementioned Supplements shall be
operative and in effect through April 30, 2020; and
WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency enhancing eviction protections to require
landlords to provide notice of local eviction protections to tenants, prohibiting no-fault
residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry
into a residential unit, prohibiting certain evictions of residential tenants based on the presence of
unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under
the Supplement if the landlord has already obtained compensation for the delayed rent through
governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment
Ordinance to $15,000; and
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WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency requiring workers and customers at covered businesses
(including but not limited to grocery stores, farmers markets, restaurants, hardware stores,
transportation providers, and plumbing and similar businesses) to wear face coverings; and
WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and
continued to prohibit all indoor and outdoor public and private gatherings and events; require all
businesses to cease in-person operations and remain closed to the public, unless defined as an
Essential Business by the order; require the closure of all indoor malls and shopping centers, all
swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public
beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person
operations of all non-essential businesses; and
WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Second Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and
Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be
operative and remain in effect through May 31, 2020, and that the other aforementioned
Supplements shall be operative and in effect through May 15, 2020; and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency tolling deadlines for reviewing and acting on planning
applications, exercising rights under planning entitlements, and expiration of building permits;
permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning
rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees
from accepting gifts of any sort to allow City first responders and disaster workers to take
advantage of City-approved public or private discount, specials, and subsidies programs; and
WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and
modifying it by limiting the commercial tenants subject to the protections of the order to exclude
multinational companies, public companies, and companies with more than 500 employees;
making clear that notice and documentation that indicates any loss of income or increase in
expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of
rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a
single communication may constitute both notice and documentation; and extending the
protection against eviction based on rent unpaid due to financial impacts related to COVID-19
from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the
Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and
5.45.030 to the extent they prohibit retail establishments from providing without charge reusable
grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of
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sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production
Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior
to March 1, 2020, but lost employment due to COVID-19 related reasons; and
WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order
that stated that COVID-19 continues to present a significant risk to the health of individuals
throughout California, but, consistent with Californians’ mitigation efforts and other factors
determined that the statewide data supported the gradual movement of the entire state form Stage
1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health
jurisdictions to implement or continue more restrictive public health measures if warranted; and
WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the April 10 revised County Safer at Home Order amending that
order to permit, subject to specific conditions, the reopening of certain specified types of lower-
risk retail business for sales and service transactions made via curbside pick-up or delivery only,
and the reopening of all previously closed public trails and trailheads, public and private golf
courses, and new and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying
it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than
non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of
their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child,
marriage, family, mental health, or substance abuse counseling services; specify that, for non-
retail commercial tenants, the protection against eviction will extend only for 30 days after the
expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts
related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent
for a period of 12 months following the expiration of the Order, may not charge commercial
tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90
days following the expiration of the Order, and may not charge non-retail commercial tenants
interest on that unpaid rent during the duration of the Order; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency incorporating the provisions of the Third Revised First
Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were working in Santa
Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons;
incorporating the provisions of the Third Revised First Supplement that, in accordance with the
Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and
5.45.030 to the extent they prohibit retail establishments from providing without charge reusable
grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of
sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of
operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct
of certain loud construction activities, including cement cutting or grinding, sandblasting, and the
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use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public
works construction; and
WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Third and Fourth
Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency
shall be deemed to continue and exist until its termination is proclaimed by the City Council; and
resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be
operative and remain in effect through May 15, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders
and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles
County continues to present a substantial and significant risk of harm to residents’ health; but
took a limited and measured step to partially move the County into Stage 2 of its phased
approach to reopening while keeping a low incidence of person-to-person contact and ensuring
continued social distancing and adherence to other infection control procedures – accordingly,
the order continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its
safer at home order including requirements that all individuals engaging in outdoor activities,
except for water activities, and all individuals engaging in essential activities whenever there is
or can be contact with other who are non-household members in both public and private places,
must wear a cloth face covering; and
WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency extending the effective dates of the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and requiring all persons leaving their residences for the
limited purposes allowed by the County Safer at Home Order to strictly comply with the social
(physical) distancing requirements stated in that Order or County Department of Public Health
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guidance or protocols, including in particular the requirement that cloth face masks must be worn
whenever there is or may be contact with others who are non-household members, including
while engaging in permitted outdoor activities other than water activities; and
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume
in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking prohibitions for street
sweeping during the days and times indicated, but only during the first full week of each month,
which is when the street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Safer at Home Orders
and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles
County continues to present a substantial and significant risk of harm to residents’ health; but
took a limited and measured step to partially move the County into Stage 2 of its phased
approach to reopening while keeping a low incidence of person-to-person contact and ensuring
continued social distancing and adherence to other infection control procedures – accordingly,
the order continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
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WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that superseded all prior County
Safer at Home Orders; while recognizing that existing community transmission of COVID-19 in
the County continues to present a substantial and significant risk of harm to residents’ health, in
light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the
County with State Executive Orders and State Health Officer Orders that support phased
reopening in accordance with the California Pandemic Resilience Roadmap’s four stage
framework, while maintaining the goals of limiting close contacts with others outside of
residents’ households in both indoor and outdoor spaces and ensuring continued social distancing
and adherence to other infection control procedures – accordingly, the order continued to
prohibit indoor and outdoor public and private gatherings and events except for the limited
purposes expressly permitted by the Order; continued to require compliance with social
(physical) distancing requirements including wearing a cloth face covering whenever there is or
can be contact with others who are non-household members in both public and private spaces;
continued to require the closure of higher-risk businesses, recreational sites, commercial
properties, and activities, where more frequent and prolonged person-to-person contacts are
likely to occur; continued to allow Essential Businesses to operate subject to social distancing
requirements; allowed the conditional reopening of four categories of Lower-Risk businesses –
lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept
under 50%, manufacturing and logistics sector businesses that supply lower-risk retail
businesses, non-essential office-based businesses (while continuing to strongly encourage
telework), and indoor malls and shopping centers; continued to permit the reopening of beaches,
beach parking lots, and beach bike paths, while maintaining the closure of public piers;
continued to authorize local public entities to temporarily close certain streets or areas to
automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; continued to authorize participation
in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-
person attendance at faith-based services, provided that the gathering of congregants is limited to
the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted
participating in in-person protests subject to the same attendance limits and maintenance of
physical distancing; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of
Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home order that superseded all prior County Safer at Home Orders and
was essentially equivalent to the May 26 Safer at Home Order with the exceptions that it: added
hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen
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subject to specified conditions; and permitted restaurants and other food facilities that provide
sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60%
occupancy; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency superseding and replacing the Third Supplement to specify that
closures and re-openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the event of conflict,
and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores
from limitations on delivery hours; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent
sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant,
for restaurants that open for in-house dining pursuant to the safety protocols required by the
County Safer at Home Order; superseding and replacing Section 5 of the Revised Fourth
Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the
deadlines for planning, review, and permit-related actions; and superseding and replacing
Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent
payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent deferment
program for City commercial tenants whose operations have been closed or significantly
restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor
dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the
consent of the owner and to sidewalks in front of adjacent buildings with the consent of the
owner and authorizing the Finance Director to extend the delinquency date for business license
renewal fees by two months (from September 1 to November 1) for businesses whose ability to
pay has been affected by economic impacts related to COVID-19 or the civil unrest; and
WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised
Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30,
2020, or any later date expressly stated within the text of an individual supplement; and
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WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially
equivalent to the May 29 Safer at Home Order with the exception that it permitted outdoor
activity to resume at piers and the following business and activities to reopen no earlier than June
12, 2020 subject to conditions and protocols as stated in the Safer at Home Order: music film
and television production; day camps; fitness facilities; museums; professional sports without
audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and
splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared
rental units and similar facilities for tourism travel; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing
temporary eviction moratorium and extended the period for which unpaid rent will be subject to
that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified
the temporary eviction moratorium, defining three different categories of commercial tenants,
each of which receives varying protections, and encouraging landlords and commercial tenants
to negotiate modifications to rental agreements and payment plans to accommodate changed
economic circumstances of commercial landlords and tenants arising from the financial
impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general
public under specified circumstances when outside the home including when inside of, or in line
to enter, any indoor space and while outdoors in public spaces when maintaining a physical
distance of 6 feet from persons who are not members of the same household or residence is not
feasible; and
WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community for Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially
equivalent to the June 11 Safer at Home Order with the exception that it clarified the
requirements that individuals leaving their residences must wear face coverings when they are or
can be in contact with or walking past others outside of their household and permitted the
reopening of the following business and activities no earlier than June 19, 2020 subject to
conditions and protocols as stated in the Safer at Home Order: cardrooms, satellite wagering
facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries
and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive
Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of
Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in-
store redemption of beverage containers and temporarily suspending the requirement for
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recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth
paragraph of Executive Order N-54-20, which had suspended Public Resources Code section
42283’s prohibitions relating to retail establishments providing bags to customers at point of
sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be
operative and remain in effect through June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and
Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles
County Eviction Moratorium During the COVID-19 Pandemic that, in accordance with orders
issued by the Los Angeles County Board of Supervisors, recognized the extension of the
County’s eviction moratorium through July 31, 2020, but, effective June 1, 2020, excluded from
application of the moratorium commercial tenancies where the tenant has more than 100
employees and commercial tenancies where the tenant is a multinational company or a publicly
traded company; and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth
Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the
Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24,
2020; extend the suspension of outdoor dining license payments for City licensees through
August 2020; extend the deadline for applications for extensions of the delinquency date for
business license renewals to August 31, 2020; extend the authorization for temporary dining to
adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent
buildings with the consent of either the owner or tenant; extend the authorization for temporary
dining to areas of the Pier to be specified by the Director of the Community Development
Department subject to specified conditions and any additional regulations; extend the
authorization for temporary dining to portions of the sidewalk or roadway in the Third Street
Promenade to be specified by the Director of the Community Development Department subject
to specified conditions and any additional regulations; authorize the temporary use by businesses
of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the
Director of the Community Development Department for business activities other than
temporary dining, subject to specified conditions and any additional regulations; authorize
restaurants and other businesses to establish temporary Main Street satellite spaces for business
activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or
business, subject to specified conditions, specified design and safety specifications, and any
additional regulations; and specify that for compliance with certain specified mandatory seismic
retrofitting requirements, the two-year extension for planning, review, and permit-related actions
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applies only if an application was pending as of March 13, 2020 or submitted between March 13,
2020 and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some
counties and the need to reduce non-essential gatherings where mixing and disease spread occur,
the California Department of Public Health ordered the closure in certain counties, including Los
Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that
had reopened after June 12 in accordance with prior state and local guidance and reemphasized
that alcohol can only be sold in such establishments in the same transaction as a meal; and
WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving
the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that
superseded all prior Safer at Home Orders and was essentially equivalent to the June 18 Safer at
Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms,
craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and
required restaurants with a moderate risk or high risk permit issued by the County Department of
Public Health and other food facilities that provide in-person dining to follow a revised protocol
for on-site dining; and
WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community for Control of COVID-19 order
requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access
points between July 3 and July 6; prohibiting all firework shows and events until further notice;
noting that the County has recently observed a sharp increase in new COVID-19 cases and
hospitalizations demonstrating the reality of increased community transmission of COVID-19;
and reemphasizing that State public health directives and the current County Health Officer
Order prohibit professional, social, and community mass gatherings, with gatherings defined as
meetings or other events that bring together persons from multiple households at the same time
for a shared or group experience in a single room, space, or place; and
WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that, with certain specified exceptions, extended the effective
dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second
Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the
text of an individual supplement; specified exceptions permitted impositions of late payment
penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking
Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code
relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of
Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to
customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire
Department annual permits of operation to expire as of July 1, 2020; and issuance of parking
citations associated with street sweeping to resume as of July 1, 2020; and
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WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71-
20, which, among other things, found that minimizing evictions during this period is critical to
reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable
to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the
transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28-
20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a
local government’s exercise of its police powers to impose substantive limitations on residential
and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of
the State of California noted the recent increase in COVID-19 cases, including a concerning
increase in hospitalizations; reminded Cities and Counties of their power, conferred by the
California Constitution, to take action to protect their residents; called on elected officials to
remain vigilant in efforts to protect the health and safety of their communities; and emphasized
the dire consequences of failing to ensure compliance with public health orders, including a
surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that
may divert resources from other health needs, further delaying reopening efforts; and
WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the June
28 Safer at Home Order with the exceptions that it noted the serious recent regression of
COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial
increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate;
returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities,
racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and
aquariums to the list of high-risk businesses required to close for at least 21 days and until
further notice; and ordered the closure of indoor mall or shopping center food court dining and
seating areas for at least 21 days and until further notice; and
WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth
Supplements to, in accordance with the County Safer at Home Orders and the California
Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics
regarding the requirement that all individuals wear face coverings whenever they leave their
place of residence and are or may be in in contact with non-household members in both public
and private spaces; set out exemptions from the face covering requirement; specify that business
operators may refuse admission or service to any person who fails to wear a face covering as
required or to comply with social distancing requirements imposed by the County Safer at Home
Orders; and authorizes administrative citations with specified administrative fines for both
individuals and businesses failing to comply with the face covering requirements; and
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WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second
Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First
Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020,
to, with respect to the November 3, 2020 general municipal election, reduce the number of
nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010
would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination
papers after the first two sets; and
WHEREAS, on July 13, 2020, in light of current data reflecting that community spread
of COVID-19 infection is of increasing concern across the state, the California Department of
Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs,
brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified
exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting
rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums,
and cardrooms; and the closure in certain counties that currently appear on the Department’s
County Monitoring List and have been on the list for three consecutive days, which included Los
Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests,
offices for non-critical infrastructure sectors, personal care services (including nail salons,
massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and
WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 1
Safer at Home Order with the exceptions that it ordered the closure of indoor operations of hair
salons and barbershops, fitness facilities, and personal care establishments; permitted in-person
faith-based services and protests so long as they are held outdoors; ordered the closure of indoor
portions and operations of indoor malls and shopping centers; required that all indoor portions
and operations of any non-essential office-based business cease, subject to the exception for
minimum basic operations; and required that essential businesses, healthcare operations, or
essential infrastructure whose operations require employees to operate from an office worksite
require employees to telework to the extent feasible; and
WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and
Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to
continue and exist until its termination is proclaimed by the City Council; and resolved that the
supplements being ratified above shall be operative and remain in effect through July 31, 2020,
or any later date expressly stated within the text of an individual supplement; and
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WHEREAS, on July 15, 2020, the Director of Emergency Services issued the First
Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced the Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency to further clarify the requirement that all persons must wear
face coverings whenever they leave their place of residence and are or can be in contact with or
walking near or past others who are non-household members in both public and private spaces,
including, but not limited to, walking through common areas such as hallways, stairways,
elevators, and parking facilities; clarify that having a face covering visible and immediately
ready to put on whenever within 30 feet of another non-household member is intended to satisfy
the face covering requirement when walking, running, biking, or otherwise exercising or moving
in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited
inquiries to those asserting exemptions from the face covering because of medical condition,
mental health condition, or disability to prevent fraudulent assertions of such exemptions; and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty-
Second Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the eviction moratorium for residential tenants
implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the
eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement
to August 31, 2020; and
WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July
14 Safer at Home Order with the exceptions that it stated its intent to continue to ensure that
County residents remain in their residences as much as practicable to limit close contact with
others outside their household in both indoor and outdoor spaces; reemphasized that all persons
who can telework or work from home should continue to do so as much as possible; restated that
all gatherings of people who are not part of a single household or living unit are prohibited
except for the limited purposes expressly permitted by the order; recognized that the State Public
Health Officer requires all public and private schools within the County of Los Angeles to
remain closed to in-person learning until certain criteria are satisfied and issued reopening
protocols for schools permitted to reopen to in-person learning; directed that individuals
instructed by their medical provider not to wear a face covering should wear a face shield with a
drape on the bottom edge as long as their condition permits it; and included revised reopening
protocols for various types of businesses; and
WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty-
Third Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the
Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth,
Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth,
Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised
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Twenty-First, and Twenty-Second Supplements to August 31, 2020, or any later date expressly
stated within the text of an individual supplement; and,
WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements thereto; resolved
that the local emergency shall be deemed to continue and exist until its termination is proclaimed
by the City Council; and resolved that the supplements being ratified above shall be operative
and remain in effect through August 31, 2020, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July
18 Safer at Home Order with the exception that it provided clarification regarding when
elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated
requirements for childcare facilities to specify childcare must be carried out in stable groups of
12 or fewer children in the same group each day, instead of 10; and aligned with new guidance
for institutes of higher education; and
WHEREAS, on August 18, 2020, the Director of Emergency Services issued a Third
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced the prior versions
of the Eighteenth Supplement to authorize the specified uses of public and private outdoor spaces
through the duration of the County Safer at Home Order, plus an additional 30 days, so long as
businesses either enter into an encroachment agreement with or obtain a permit from the City;
allow the City to assess a monthly fee for the use of space in the public right-of-way after
November 1, 2020, with 30 days’ notice provided to businesses; authorize the use of canopies
and propane heaters in private and public outdoor spaces in compliance with specified
guidelines; permit tables and chairs to be left secured outside the business overnight and so long
as there is at least five (5) feet of unobstructed access on the sidewalk; set standards for decks in
both Main Street satellite spaces and private property used for outdoor business; require that any
structures put in place in any Main Street satellite space be brought into compliance with the
deck standards in the Third Revised Eighteenth Supplement and that any structures for outdoor
business activity on private property be brought into compliance with the deck standards or other
applicable building standards; set fines for violations of conditions for operating in the public
right-of-way and in private outdoor spaces through administrative citations to be issued by Code
Enforcement; and authorize the Director of the Community Development Department to enter
into temporary license agreements to permit the temporary use of portions of certain public
parking facilities or the Santa Monica Pier, as designated by the Director, for temporary use by
gyms and fitness establishments; and
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WHEREAS, on August 24, 2020, the Director of Emergency Services issued a Twenty-
Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which made it a strict liability offense punishable as a
misdemeanor or by administrative citation for any responsible person to conduct a gathering of
20 or more natural persons who are not part of a single household or living unit at a residence or
other private property; extended the eviction moratorium for commercial tenant 1s, as defined in
the Fifth Revised First Supplement, through September 30, 2020; subject to the exceptions
specified in the Nineteenth and Twenty-Third Supplements, extended the effective dates of the
Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth,
First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third
Supplements to September 30, 2020, or any later date expressly stated within the text of an
individual supplement; and extended the suspensions of the discontinuation or shut off of water
service for non-payment of water or sewer bills and of late payment penalties for unpaid or
delinquent water and/or sewer bills and refuse and recycling collections bills, as originally
implemented by Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December
31, 2020; and
WHEREAS, on August 28, 2020, the California Department of Public Health issued a
statewide order that, recognizing that community spread of infection remains a significant
concern across the state, and based on the current state of the pandemic in California and current
scientific understanding of transmission, further refined the State’s approach to gradually reopen
businesses and activities while reducing the risk of increased community spread by adopting a
targeted system for sector reopenings that relies on a set of tiers corresponding to specific
epidemiological profiles based on indicators of disease burden including case rates per capita and
percent of positive COVID-19 tests and proportion of testing and other COVID-19 response
efforts addressing the most impacted populations within a county; under this revised framework,
local health jurisdictions may reopen, or must close, specified sectors according to their county’s
tier; and
WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill 3088,
under which, among other things, no tenant can be evicted before February 1, 2021 as a result of
rent owed due to a COVID-19 related hardship accrued between March 4 and August 31, 2020,
if the tenant provides a declaration of COVID-19-related financial distress according to specified
timelines; no tenant can be evicted for rent that accrues but is unpaid due to a COVID-19
hardship between September 1, 2020 and January 31, 2021 if the tenant submits declarations of
COVID-19-related financial distress according to specified timelines and pays 25% of the unpaid
rent due by January 31, 2020; and landlords are required to provide tenants a notice detailing
their rights under the legislation; and
WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the Los
Angeles County Department of Public Health issued a revised Reopening Safer at Work and in
the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of
California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders
and was essentially equivalent to the August 12 Safer at Home Order with the exception that it
recognized that the daily number of new cases is still high, and COVID-19 remains widespread
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in Los Angeles County; cited the State’s August 28, 2020 issuance of its Blue Print for a Safer
Economy, which describes the tiered approach to relaxing and tightening restrictions on
activities based on specified criteria; allowed barbershops and hair salons to reopen indoor
operations at 25% of maximum occupancy and with required modifications, while encouraging
operators to provide as many services as possible outside; and, beginning September 14, 2020,
allowed K-12 schools to offer in-school services for a small, stable cohort of students with
Individualized Education Programs or English Learners needing assessments and/or specialized
in-school services, with priority given to students with disabilities; and
WHEREAS, on September 4, 2020, the United States Center for Disease Control and
Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like quarantine,
isolation, and social distancing – can be an effective public health measure utilized to prevent the
spread of communicable disease,” that eviction moratoria “facilitate self-isolation by people who
become ill or who are at risk for severe illness from COVID-19 due to an underlying medical
condition” and “allow State and local authorities to more easily implement stay-at-home and
social distancing directives to mitigate the community spread of COVID-19,” and that “housing
stability helps protect public health because homelessness increases the likelihood of individuals
moving into congregate settings, such as homeless shelters, which then puts individuals at higher
risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order,
applicable in any State or local area without a moratorium on residential evictions that provides
the same or greater level of public-health protections as the requirements in the order, requiring
that, through December 31, 2020, subject to further extension, modification, or rescission, a
landlord, owner of a residential property, or other person with a legal right to pursue eviction or
possessory action shall not evict any covered person (as defined in the order) from any
residential property in any State in which there are documented cases of COVID-19; and
WHEREAS, on September 8, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, and Twenty-Fourth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the supplements being
ratified above shall, except for those portions of earlier supplements that were not extended by
the Nineteenth Supplement, be operative and remain in effect through September 30, 2020, or
any later date expressly stated within the text of an individual supplement; and
WHEREAS, on September 10, 2020, the Director of Emergency Services issued a
Twenty-Fifth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which permitted the Housing Commission and
Architectural Review Board to conduct certain meetings for identified purposes;
WHEREAS, on September 18, 2020, the Director of Emergency Services issued a
Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced Section 1 of the
Ninth Supplement to permit some events, activities, programs, and gatherings scheduled in City
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facilities by permit or license if they are permitted by and will be conducted in accordance with
all requirements of the County Safer at Home Order; authorized the Director of the Community
Services Director to implement guidelines and regulations to permit the use of City sites for
drive-in movie theaters, vehicle-based parades, concerts, and other events to the extent permitted
by and conducted in accordance with all requirements of the County Safer at Home Order;
extended the City’s moratorium on evictions of residential tenants for reasons other than
nonpayment of rent through December 31, 2020; extended the eviction moratorium for
nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised First Supplement)
through December 31, 2020, subject to the requirement that for rent due after September 30,
2020, except for rent due for periods in which the commercial tenant 1’s business remains closed
because the County Safer at Home Order requires it to remain closed, the commercial tenant 1
must pay at least 50% of the rent due in accordance with the terms for payment set out in the
tenant’s lease; authorized the Director of the Community Services Department to promulgate
regulations and issue permits for gym and fitness establishments to engage in commercial fitness
activities at City parks, City park parking lots, and City beaches; superseded and replaced
Section 5 of the Revised Fifth Supplement so that penalties related to business licenses for fiscal
year 2020-2021 will begin to accrue as of September 1, 2020 unless an extension application was
timely filed pursuant to the Third Revised Eighteenth Supplement and penalties related to
business improvement district assessments for fiscal year 2020-2021 are not suspended and will
begin to accrue if the assessments are not timely paid; with the same exceptions specified in the
Nineteenth, Twenty-Third, and Twenty-Fourth Supplements (the latter of which extended the
expiration of the supplements to September 30, 2020), extends the expiration of prior
supplements that remain in place to December 31, 2020 unless a later expiration date is provided
in an individual supplement; and
WHEREAS, on September 23, 2020, the Governor of California issued Executive Order
N-80-20, which, among other things, noted that numerous local jurisdictions have determined
that promoting stability among commercial tenancies is necessary to mitigate the economic
impacts of COVID-19 and conducive to public health, such as by allowing commercial
establishments to decide whether and how to remain open based on public health concerns rather
than economic pressures, and extended through March 31, 2021, with respect to commercial
evictions only, Executive Order N-28-20’s suspension of any and all provisions of state law that
would preempt or otherwise restrict a local government’s exercise of its police powers to impose
substantive limitations on commercial evictions with respect to COVID19-related rent payment
issues; and
WHEREAS, on October 2, 2020, as revised October 6, 2020, the Los Angeles County
Department of Public Health issued a revised Reopening Safer at Work and in the Community
For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s
Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders, recognized
that existing community transmission of COVID-19 in Los Angeles County remains widespread,
noted that there remains a strong likelihood that increased interactions among members of the
public will result in a significant and increasing number of cases of community transmission,
noted that the daily number of new cases while not currently substantially increasing is still high,
and was essentially equivalent to the September 4 Safer at Home Order with the exception that it
added nail salons to the list of Lower-Risk Businesses allowed to reopen for indoor operations at
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25% of maximum occupancy and with required modifications, permitted outdoor dining at non-
restaurant breweries and wineries in compliance with specified conditions, and permitted
children’s playgrounds to open subject to access or use restrictions imposed by the Health
Officer and local government entities to reduce crowding and the risk of COVID-19; and
WHEREAS, on October 7, 2020, the Director of Emergency Services issued a Twenty-
Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, to ensure compliance with County social distancing
requirements and the County’s prohibition on live audiences for street performers, suspended the
issuance of permits for street performers at the Pier, Third Street Promenade, and Transit Mall,
with the result that street performers will not be allowed in those spaces during their most
crowded times, after noon Monday through Friday and on weekends and holidays; prohibited
street performers in those spaces at all other times from encouraging any person from gathering
to observe the performance while requiring performers to comply with all County social
distancing requirements, including the wearing of face coverings; authorized the Director of the
Community Development Department to issue regulations authorizing businesses to post
curbside pickup signs on parking meters adjacent to or near the business and designating spaces
in public parking lots where the City may post curbside pickup signs; temporarily suspended
certain Municipal Code requirements regarding procedures relating to HUD Community
Development Block Grants that are inconsistent with HUD procedures adopted in light of the
COVID-19 pandemic; and authorized the Director of the Community Development Department
to issue regulations regarding and issue temporary use permits for certain uses allowed by the
County Safer at Home Order, including temporary outdoor sales and special events, for a period
longer than 45 days but less than 180 days; and
WHEREAS, on October 9, 2020, the California Department of Public Health, noting that
COVID-19 continues to pose a severe risk to communities and requires all people in California
to follow necessary precautions and to adapt the way they live and function in light of this
ongoing risk, noting that the safest way to gather is to spend time with people in the same
household or to gather virtually, and noting that limiting attendance at gatherings is a way to
reduce the risk of spread and increase the effectiveness of contact tracing if a positive case is
discovered, issued mandatory guidance for private gatherings that, among other things, limited
them to no more than 3 households, required them to occur in space sufficient for everyone to
maintain at least 6 feet of physical distance from any others not in their own household, and
required the wearing of face coverings; and
WHEREAS, on October 14, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders,
recognized that existing community transmission of COVID-19 in Los Angeles County remains
widespread and continues to present a substantial and significant risk of harm to residents’
health, noted that there remains a strong likelihood that increased interactions among members of
the public will result in a significant and increasing number of cases of community transmission,
noted that the daily number of new cases while not currently substantially increasing is still high,
and was essentially equivalent to the October 6 Safer at Home Order with the exception that, to
align with the California Department of Public Health October 9, 2020 guidance on private
gatherings, it defined the term “household” to exclude institutional and commercial group living
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situations and authorized certain private gatherings of persons from no more than three
households, but only in compliance with strict requirements including that they must occur
outdoors in a space large enough for everyone to maintain at least 6 feet of physical distance
from any others not in their own household, be limited to two hours or less, and be conducted in
accordance with social distancing requirements including the wearing of face coverings; and
WHEREAS, on October 23, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders and
was essentially equivalent to the October 14 Safer at Home Order with the exception that it
permitted personal care establishments to offer services indoors with modifications; permitted
batting cages, miniature golf, and go cart racing to operate outdoors; clarified that food court
dining rooms in an indoor mall or shopping center must remain closed; increased the percentage
of students with individual education programs and English learners and other high-need
students to return to a K-12 campus; and permitted schools to reopen from TK to second grade
for class instruction with a waiver application approved by the Los Angeles County Department
of Public Health; and
WHEREAS, on October 27, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, and Twenty-Seventh Supplements thereto; resolved that the local
emergency shall be deemed to continue and exist until its termination is proclaimed by the City
Council; and resolved that the supplements being ratified above shall, except for those portions
of earlier supplements that were not extended by the Nineteenth Supplement, be operative and
remain in effect through December 31, 2020, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on November 13, 2020, noting that the incidence of COVID-19 is
increasing in many states and countries and that travel itself can be a risk for exposure to
COVID-19, the California Department of Health issued a travel advisory, encouraging
Californians to stay home or in their region and avoid non-essential travel to other states or
countries; and
WHEREAS, on November 16, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings, superseding the face covering guidance it issued on
June 18, 2020, that requires persons to wear face coverings when they are outside of their home,
unless an enumerated exemption applies;
WHEREAS, on November 19, 2020, the California Department of Public Health, citing
the recent, unprecedented rate of rise in increase in COVID-19 cases across California, issued a
Limited Stay at Home Order effective from November 21, 2020 at 10 pm PST to 5 am PST on
December 21, 2020 in counties under Tier One (Purpose) of California’s Blueprint for a Safer
Economy requiring that all gatherings with members of other households and all activities
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conducted outside the residence, lodging, or temporary accommodation with members of other
households cease between 10:00 pm PST and 5:00 am PST, except for those activities associated
with the operation, maintenance, or usage of critical infrastructure or required by law;
WHEREAS, on November 19, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior
Safer at Home Orders and became effective on November 20, 2020 and was essentially
equivalent to the October 23 Safer at Home Order with the exception that it limited the number
of persons at private outdoor gatherings to 15 persons and made other clarifications on
permissible private outdoor gatherings; limited the number of customers at outdoor restaurants,
breweries, and wineries to 50% of the establishment’s outdoor capacity and prohibited in-person
outdoor dining between the hours of 10:00 pm and 6:00 am; limited the number of customers at
outdoor cardrooms, miniature golf, batting cages, and go cart racing to 50% of the
establishment’s outdoor capacity; limited the number of persons at indoor operations for retail,
office, and personal care to 25% capacity; clarified that an essential business must comply with
the social (physical) distancing protocol and all other applicable protocols; and specified the type
of retail food market that must comply with the new protocol for grocery stores and retail food
markets; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a
Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which authorized, and provided rules and
authorized the Director of the Community Development Department to issue regulations
regarding, the temporary extension by certain eligible businesses of their operations into unused
portions of the parking lane on Main Street where the City has placed K-rails; waived the permit
fee for tents larger than 400 square feet for any special event permit filed with the Santa Monica
Fire Department in connection with a temporary use authorized by Sections 1 to 10 of the
Twenty-Eighth Supplement or Sections 19 to 78 of the Third Revised Eighteenth Supplement;
expanded temporary curbside pickup zones by allowing the designation and use of on-street
parking spaces where no metered spaces are adjacent to the business; clarified that the two-year
extension of deadlines for planning, review, and permit actions implemented by the Third
Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles
VIII and IX of the Santa Monica Municipal Code; authorized voluntary temporary disconnection
of City water service for commercial property accounts, excluding fire service accounts, upon
payment of a temporary disconnection fee of $208.00; clarified that landlords’ service of
required Notices of Terminations of Tenancy in accordance with instructions from the Rent
Control Board upon its acceptance of a notice of intent to Ellis a building will not violate the
eviction moratorium, while specifying that no unlawful detainer action based on removal of a
unit from the rental market pursuant to the Ellis Act may be filed until sixty days after the
expiration of the Twenty-Eighth Supplement; and extended the suspensions of water service shut
off and imposition of late payment penalties for unpaid or delinquent water, sewer, and/or refuse
and recycling collection bills through March 31, 2021; and
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WHEREAS, on November 25, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior
Safer at Home Orders; recognized the recent steep surge of COVID-19 cases and large increases
in hospitalizations and testing positivity rates in the County; noted that existing community
transmission of COVID-19 in Los Angeles County remains widespread and continues to present
a substantial and significant risk of harm to residents’ health; noted that there remains a strong
likelihood that increased interactions among members of the public will result in a significant
and increasing number of cases of community transmission; noted that because even people
without symptoms can transmit the virus and because evidence shows the infection is easily
spread, preventing, limiting, and placing conditions on various types of gatherings and other
direct and indirect interpersonal interactions have been proven to reduces the risk of transmitting
the virus; and was essentially equivalent to the November 19 Safer at Home Order with the
exceptions that it: aligned the County Safer at Home Order with California’s November 19, 2020
Limited Stay at Home Order (effective November 21 at 10:00 pm PST) by requiring that all
gatherings with members of other households and all activities conducted outside the residence,
lodging, or temporary accommodation with members of other households cease between 10:00
pm PST and 5:00 am PST, except for those activities permitted by the Safer at Home Order or
required by law; required restaurants, breweries, and wineries to only offer food and beverage
via take-out, prohibiting both indoor and outdoor on-site food and beverage service, for the
period November 25 through at least December 17, 2020; and
WHEREAS, on November 28, 2020, the Los Angeles County Department of Public
Health issued a Temporary Targeted Safer at Home Health Officer Order for Control of COVID-
19: Tier 1 Substantial Surge Response, effective from 12:01 am PST on November 30, 2020 to
11:59 pm PST on December 20, 2020, that, for this time period, temporarily replaces the
November 25, 2020 Safer at Home Order; recognized the recent substantial rise in COVID-19
cases, hospitalizations, and deaths in Los Angeles County; stated the Health Officer’s
expectation that both the number of new cases and hospitalizations will continue to rapidly
increase over the next 21 days; and, among other things: directs all persons to stay home, except
to travel to and from Essential Businesses, to work at or provide service to a Healthcare
Operation or Essential Infrastructure, to work at, perform or obtain services from an Essential
Governmental Function, or to participate in permitted individual or household activities while
practicing social distancing; prohibits all public and private gatherings and events with people
from more than one household except for outdoor faith-based services and outdoor protests, and
as permitted in paragraph 9 of the order; requires all persons leaving their residences to strictly
comply with Social (Physical) distancing requirements, including wearing a face covering or
mask over both the nose and mouth whenever they are or can be in contact with or waking near
or past others who are non-household members in both public and private places, whether
indoors or outdoors; maintains the requirement that all permitted activities with individuals of
other households and all activities conducted outside the residence, lodging, or temporary
accommodation with members of other households must cease between 10:00 pm and 5:00 am
(PST) except for those activities associated with the operation, maintenance, or usage of an
Essential Business, Healthcare Operation, Essential Infrastructure, Essential Government
Function, or required by law; maintains the closure of onsite indoor and outdoor dining at all
restaurants, allowing them to open only for takeout and delivery; requires the closure of
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playgrounds, except for playgrounds located within childcare centers or schools; and imposes
stricter capacity and other limitations on many Lower-Risk Businesses and permitted activities;
and
WHEREAS, on November 30, 2020, the Director of Emergency Services issued a
Twenty-Ninth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which extended to January 31, 2021, the
moratorium on evictions of residential tenants for reasons other than nonpayment of rent;
extended to January 31, 2021, the moratorium on evictions of commercial tenant 1s (as defined
in the Fifth Revised First Supplement) for nonpayment of rent, subject to the limitation the
moratorium would apply to certain commercial tenant 1s only if they paid 50% of rent due for
certain periods after September 30, 2020; extended to January 31, 2021, the authorization for
expanded temporary curbside pickup zones; authorized the Housing Commission to meet to
review and make recommendations regarding the update to the City’s Housing Element; and
suspended through March 31, 2021 late payment penalties for unpaid or delinquent Transient
Occupancy Taxes collected by hotels for periods beginning on or after November 1, 2020 (an
earlier suspension of such penalties expired as of June 30, 2020); and
WHEREAS, on December 3, 2020, as subsequently modified by a Supplement issued
December 6, 2020, the California Department of Health, citing the unprecedented surge in the
level of community spread of COVID-19, noting current projections showing that without
additional intervention to slow the spread of COVID-19 the number of available adult Intensive
Care Unit (“ICU”) beds in California will be at capacity in mid-December, and finding that
because the rate of increases in new cases continues to escalate and threatens to overwhelm the
state’s hospital system further aggressive action is necessary, imposed, effective December 5,
2020 at 12:59 pm PST, a regional stay at home order that, when adult ICU bed capacity for any
region is less than 15% (a threshold currently reached by the Southern California region that
includes Los Angeles County), among other things: prohibits all gatherings with members of
other household except as expressly permitted by the order; requires all individuals to stay home
or at their place of residence except as necessary to conduct activities associated with the
operation, maintenance, or usage of critical infrastructure, as required by law, or as specifically
permitted by the order; permits worship and political expression outdoors, consistent with
existing guidance for those activities; and requires all retailers allowed to operate indoors to do
so at no more than 20% capacity in accordance with guidance for retailers; and
WHEREAS, on December 6, 2020, the Los Angeles County Department of Public Health
issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 12:01 am PST on
December 6, 2020 until at least 11:59 pm PST on December 27, 2020, that, for this time period,
temporarily replaces the November 25, 2020 Safer at Home Order and supersedes the November
30, 2020 Safer at Home Order and, among other things: requires lower-risk retail businesses to
conduct entrance metering of customers and prohibit eating or drinking inside such businesses;
requires indoor and outdoor malls and shopping centers to conduct entrance metering of
customers and encourages special hours to be instituted for seniors and those with chronic
conditions or compromised immune systems; prohibits recreational overnight stays at
campgrounds; prohibits hotels, motels, and shared rental units from accepting or honoring out-
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of-state reservations for non-essential travel that are for a period of less than 14 days; and
modifies the maximum indoor capacity for essential retail businesses to 20%; and
WHEREAS, on December 8, 2020, the Director of Emergency Services issued a Thirtieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, to assist with the City’s Buy Local initiative that
encourages shopping at local businesses, authorized suspension of hourly parking fees for daily
short-term visitors in City parking structures 1 through 6 for the period from December 11
through 26, 2020; and superseded and replaced Sections 1 through 3 of the Seventh Supplement
with amended rules regarding off-site and retail alcohol sales that, in particular, add the
requirement that authorized sales of to-go alcoholic beverages may be delivered to customers
only at the same time as the required accompanying meals; and
WHEREAS, on December 15, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, and Twenty-Ninth Supplements
thereto; resolved that the local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council; and resolved that the supplements being ratified
above shall, except for those portions of earlier supplements that were not extended by the
Nineteenth Supplement, be operative and remain in effect through December 31, 2020, or any
later date expressly stated within the text of an individual supplement; and
WHEREAS, on December 19, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 12:01 am PST on
December 19, 2020 until at least 11:59 pm PST on December 27, 2020, that, for this time period,
temporarily replaces and supersedes the earlier Safer at Home and Temporary Targeted Safer at
Home Orders and is substantially equivalent to the December 6, 2020 Temporary Targeted Safer
at Home Order with the exceptions, among others, that it specifies that the required closure of
personal care establishments does not extend to medical massage that is done based on a referral
by a physician or chiropractor; specifies that all employees of any non-retail Lower-Risk
Business that is a manufacturing and logistics sector business that supplies Lower-Risk Retail
Businesses must wear a face covering over the nose and mouth at all times while present at
work; specifies that outdoor seating at indoor and outdoor malls, shopping centers, swap meets,
and restaurants is closed to the public; specifies that overnight stays at campgrounds are
permissible if used for COVID-19 mitigation and containment measures, providing
accommodation for essential workers or those displaced as a result of fire or other emergency, or
providing housing solutions to protect homeless populations; and, to align with recent Supreme
Court rulings for places of worship, permits attendance at in-person faith-based services or
practices, both indoors and outdoors, subject to compliance with physical distancing and
infection control requirements; and
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WHEREAS, on December 22, 2020, the California Department of Public Health issued a
Supplement to its November 19, 2020 Limited Stay at Home Order, extending that order such
that it will remain in place until and expire only after the December 3, 2020 Regional Stay at
Home Order has terminated in all regions in the State of California; and
WHEREAS, on December 22, 2020, the Director of Emergency Services issued a Thirty-
First Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the moratorium on evictions of residential
tenants for reasons other than non-payment of rent through March 31, 2021; required landlords
to report efforts to evict residential tenants by emailing the City Attorney’s Office at
EMReports@smgov.net unredacted copies of any notices provided in an effort to evict, including
any termination notice (for example, the 15-day notice required by the COVID-19 Tenant Relief
Act of 2020) or a Summons and Complaint for Unlawful Detainer, within two days of serving
any such notice on a tenant; provided that the Annual Taxicab Vehicle Permit Fee for the period
beginning February 1, 2020, and ending January 31, 2021, will be based on the actual number of
taxicab vehicles in operation rather than the number of taxicab vehicles permitted to operate;
with prior specified exceptions, extended the expiration of prior supplements that remained in
place to January 31, 2021 -- two new exceptions to the extension were: (a) the suspension of
preferential parking enforcement in all zones other than zone 3 was extended only through
January 3, 2021, with the result that enforcement of preferential parking would resume in all
blocks in all zones in the City as of 12:01 am January 4, 2021; and (b) the limitations on and
suspensions of conducting meetings of City Boards, Commissions, and other appointed bodies
were lifted as of December 31, 2020, with the result that beginning January 1, 2021, meetings
could be conducted in accordance with the direction provided by the City Council at its
December 15, 2020 meeting; and
WHEREAS, on December 27, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, extended its December 19, 2020 Revised Temporary Targeted Safer at Home Health
Officer Order for Control of COVID-19: Tier 1 Substantial Surge Updated Response, effective
from 11:59 pm PST on December 27, 2020 to remain in effect for as long as the State Public
Health Officer’s Regional Stay at Home Order remains in effect in the Southern California
Region; and
WHEREAS, on December 29, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 11:59 pm PST on
December 29, 2020, to remain in effect for as long as the State Public Health Officer’s Regional
Stay at Home Order remains in effect in the Southern California Region, that was substantially
equivalent to the December 19, 2020 Temporary Targeted Safer at Home Order, as extended
December 27, 2020, with the exception that it added a requirement that persons arriving in the
County of Los Angeles from other states or countries on non-essential travel, including returning
Count of Los Angeles or California residents, must practice self-quarantine for 10 days after
arrival, limiting their interactions to those within their immediate household; and
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WHEREAS, on December 30, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 11:59 pm PST on
December 30, 2020, to remain in effect for as long as the State Public Health Officer’s Regional
Stay at Home Order remains in effect in the Southern California Region, that was substantially
equivalent to the December 29, 2020 Temporary Targeted Safer at Home Order, with the
exception that it added an Appendix W: Mandatory Directive on Travel to establish rules for
mandatory quarantine after non-essential travel, and modified the requirements for return from
travel to provide that, except as provided in Appendix W, persons arriving in the County of Los
Angeles from anywhere outside of the Southern California Region on or from non-essential
travel, including returning County of Los Angeles residents, must self-quarantine for 10 days
after arrival, staying at home or another place of temporary shelter and away from contact with
others, including those in one’s household (unless they are also under quarantine) for a period of
at least 10 days if no COVID-19 symptoms develop; and
WHEREAS, on January 5, 2021, the County of Los Angeles, citing the continued,
unprecedented public health and economic crisis due to the COVID-19 pandemic, noting the
expiration on January 31, 2021 of both the AB 3088 eviction protections to residential tenants
who are unable to pay rent during the COVID-19 emergency and the AB 3088 preemption of
actions by local governments to protect residential tenants from eviction for nonpayment of rent
due to financial distress related to COVID-19, and noting the critical importance as winter
months and colder temperatures arrive of continuing protections that can keep residents in their
homes and off the streets, adopted a resolution extending the County’s eviction moratorium
through February 28, 2021, with further extensions to be reevaluated every thirty days, and
applying the moratorium to nonpayment of rent incurred between February 1, 2021 and February
28, 2021 by both commercial and residential tenants so long as the reason for nonpayment is
financial impacts related to COVID-19 and the tenants have provided notice to their landlords of
their inability to pay within seven days after the date that rent was due; and
WHEREAS, on January 11, 2021, the Los Angeles County Department of Public Health,
in response to continuing increases in COVID-19 cases, hospitalizations, and deaths, issued an
urgent plea for everybody to be extremely cautious and very careful; to avoid, as much as
possible, contact with others that are not in their households; and when they must go out, to work
or for essential services, to always wear a mask, keep their distance form others, wash their hand
frequently, and bring sanitizing wipes with them to wipe down cell phones, car keys,
workstations, door handles, and anything else they touch and other people are touching; and
WHEREAS, on January 19, 2021, the Director of Emergency Services issued a Thirty-
Second Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the City’s moratorium on evictions of
residential tenants for non-payment of rent due to the financial impacts of COVID-19 to apply to
rent due and unpaid during the period February 1, 2021 through March 31, 2021; extended the
moratorium on eviction for nonpayment of rent by a commercial tenant 1 to apply to rent due
and unpaid due to the financial impacts of COVID-19 through March 31, 2021, and extended the
date by which a commercial tenant 1 may repay unpaid rent from June 30, 2021 to September
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30, 2021; subject to exceptions specified in the Nineteenth and Thirty-First Supplements,
extended the expiration of prior supplements that remained in place to March 31, 2021; and
authorized BBB to modify its existing agreement with the entity that markets advertising on
BBB buses; and
WHEREAS, on January 20, 2021, President Biden signed an executive order mandating
that the United States Center for Disease Control extend its current eviction moratorium until at
least March 31, 2021, and the Director of the CDC, noting that the COVID-19 pandemic has
presented a historic threat to our nation’s health and also triggered a housing affordability crisis
that disproportionately affects some communities, announced that it was extending its order
temporarily halting residential evictions until at least March 31, 2021; and
WHEREAS, on January 25, 2021, noting that while there are positive signs that COVID-
19 is spreading at a slower rate across the state the COVID-19 pandemic is far from over; that it
is still critical that Californians continue to wear masks when they leave their homes, maintain
physical distance of at least 6 feet, wash their hands frequently, avoid gatherings and mixing
with other households, and follow all state and local health department guidance and get the
vaccine when it is their turn; and that the majority of counties remain in the strictest, or purple,
tier that indicates which activities and businesses may open based on local case rates and test
positivity, the California Department of Health ended the state’s Regional Stay at Home Order,
allowing all counties statewide to return to the rules and framework of the Blueprint for a Safer
Economy; and
WHEREAS, on January 25, 2021, the Los Angeles County Department Public Health, in
light of the California Department of Public Health’s lifting of the State’s Regional Stay at Home
Order, reinstated the November 25, 2020 County Safer at Home Order with additional updates,
including modified guidance for attending faith-based services; and
WHEREAS, on January 26, 2021, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-
First, and Thirty-Second Supplements thereto; resolved that the local emergency shall be deemed
to continue and exist until its termination is proclaimed by the City Council; and resolved that
the supplements being ratified above shall, except for those portions of earlier supplements that
were not extended by the Nineteenth and Thirty-First Supplements, be operative and remain in
effect through March 31, 2021, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, on January 28, 2021, the Director of Emergency Services issued a Thirty-
Third Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which permitted satellite outdoor dining in portions of the
roadway in the Third Street Promenade pursuant to limitations set out in the supplement and
regulations to be issued by the Director of the Community Development Department; given the
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pending expiration of AB 3088’s eviction protections for residential tenants for nonpayment of
rent due to COVID-19 financial distress, extended the City’s moratorium on evictions of
residential tenants for non-payment of rent due to the financial impacts of COVID-19 to apply to
rents due and unpaid during the period February 1, 2021 through June 30, 2021; and extended
the City’s moratorium on evictions of tenants for reasons other than nonpayment of rent through
June 30, 2021;
WHEREAS, on January 29, 2021, California enacted SB 91, which extended the
expiration of the state moratorium on evictions for nonpayment of rent due to COVID-19
financial distress from February 1, 2021 to July 1, 2021, and included provisions preempting
local eviction moratoriums; and
WHEREAS, on January 29, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders; noted the recent decline of COVID-19 cases, hospitalizations, and testing
positivity rates in the County, while also noting that the County remained in the most restrictive
tier of the State’s Blueprint for a Safer Economy and the community transmission of COVID-19
even as daily case counts were decreasing remained high and widespread within the County; and
revised the January 25, 2021 Safer at Home Order to reopen some additional businesses with
updated protocols and remove the closure of Lower-Risk Retail Business between the hours of
10:00 pm – 5:00 am; and
WHEREAS, on February 10, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders and modified the January 29, 2021 Safer at Home Order in light of a recent U.S.
Supreme Court decision and subsequent change made by the State related to restrictions on ;aces
of worship, permitted places of worship to open for indoor services limited to 25% of indoor
capacity and continued compliance with specified conditions; and
WHEREAS, on February 18, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders and modified the February 10, 2021 Safer at Home Order to note that per the State
consolidated framework and guidance, when the Los Angeles County adjusted daily case rate has
been less than 25 per 100,000 population for five consecutive days and the school has met all
state and county requirements for reopening, schools may open for in person instruction for
students in grades TK-6; and
WHEREAS, on March 5, 2021, the California Department of Public Health updated the
activity and business tiers under its Blueprint for a Safer Economy to provide for modified
criteria for the tiers depending on levels of vaccination; and
WHEREAS, on March 12, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
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Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders; noted that Los Angeles County would be entering the Red Tier of the State’s
Blueprint for a Safer Economy effective March 13, 2021; lifted some local activity-specific
restrictions effective 12:01 am, Monday, March 15, 2021; but noted that Los Angeles County
continues to experience rates of COVID-19 transmission, the danger COVID-19 poses has not
subsided, most people in our community are still not vaccinated, and new variants of the virus
that may spread more easily or cause more severe illness are present in Los Angeles County,
though their impact on the local pandemic is largely unknown; and cautioned that businesses,
entities, and residents should continue exercising caution even as certain restrictions are lifted;
and
WHEREAS, on March 19, 2021, the Director of Emergency Services issued a Thirty-
Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which modified the authorization for temporary curbside
pickup zones so that as of April 1, 2021, they will be allowed only for restaurants and not for
other businesses; and with specified exceptions, extended the expiration of prior supplements
that remain in place to April 30, 2021, with later expiration dates stated in specific supplements
remaining unchanged -- provisions not being extended will result in: (a) impositions of late
payment penalties for unpaid or delinquent transient occupancy taxes resuming as of April 1,
2021; and (b) the eviction moratorium for commercial tenant 1s not being extended, with the
result that it will not apply to rent that becomes due after March 31, 2021; and
WHEREAS, on March 23, 2021, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-
First, Thirty-Second, and Thirty-Third Supplements thereto; resolved that the local emergency
shall be deemed to continue and exist until its termination is proclaimed by the City Council; and
resolved that the supplements being ratified above shall, except for those portions of earlier
supplements that were not extended by the Nineteenth and Thirty-First Supplements, be
operative and remain in effect through March 31, 2021, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on March 24, 2021, the Director of Emergency Services issued a Corrected
Thirty-Fourth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which corrected a typographic error in Section
10 of the Thirty-Fourth Supplement regarding the time periods of rent to which the eviction
moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, would
apply; and
WHEREAS, on April 2, 2021, the United States Center for Disease Control and
Prevention issued an updated advisory regarding domestic travel during COVID-19, which
recommended delaying travel until fully vaccinated; continued to require the wearing of masks
on planes, buses, trains, and other forms of public transportation traveling into, within, or out of
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the United States and U.S. transportation hubs such as airports and stations; and continued to
require staying at least 6 feet from anyone not a traveling companion; and
WHEREAS, on April 2, 2021, the Los Angeles County Department Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Orange Tier Risk Reduction Measures order that, effective April 5, 2021,
superseded all prior Safer at Home Orders; made revisions reflecting the County’s move into the
Orange Tier of the State’s Blueprint for a Safer Economy; added new protocols for Outdoor
Seated Live Events and Performances, Amusement Parks and Theme Parks, and Bars with a low-
risk public health food facility permit; and increased capacity limits while maintaining Social
(Physical) Distancing and masking requirements for the following sectors – Restaurants,
Breweries, and Wineries, Cardrooms, Places of Worship, Family Entertainment Centers,
Shopping Malls, Retail, Fitness Centers, Personal Care Establishments, Limited Services, Movie
Theaters, Museums, and Institutes of Higher Education, but noted that as the County moves into
the Orange tier, even as daily case counts, hospitalizations, and deaths are decreasing,
community transmission of COVID-19 remains at a moderate level and continues to present a
substantial and significant risk of harm to residents’ health; vaccinations are occurring as quickly
as supplies allow but most people in our community are still not vaccinated; new variants of the
virus that may spread more easily or cause more severe illness are present in our county, but their
impact on our local epidemic is largely unknown; and reopening requires that all individuals and
businesses use particular care and do their part to make activities as safe as possible by strictly
and consistently wearing masks and following physical distancing requirements and all other
business- or activity-specific safety protocols; and
WHEREAS, on April 6, 2021, the California Department of Public Health announced
that, as California reached 20 million vaccines administered and COVID-19 case rates and
hospitalizations have stabilized, effective June 15, 2021, California will move beyond the
Blueprint for a Safer Economy to fully reopen the economy, with all industries across the state
returning to usual operations, with the continuation of common-sense, limited public health
restrictions such as masking, testing, testing or vaccination verification requirements for large-
scale higher-risk events, and workplace policies that reduce risk, including remote work when
possible without impacting business operations, if two criteria are met: (1) vaccine supply is
sufficient for Californians 16 years or older who wish to be inoculated to obtain an appointment
to receive the inoculation within two weeks; and (2) hospitalizations are stable and low, and
specifically, hospitalizations among fully vaccinated individuals are low; and
WHEREAS, on April 11, 2021, the Los Angeles County Department of Public Health
issued an updated Travel Advisory and Guidance, consistent with the Centers for Disease
Control and Prevention guidance, advising that fully vaccinated persons may travel but should
continue to take precautions and, if asymptomatic, on return from domestic travel, no quarantine
or testing is required; but continuing to advise that until they are fully vaccinated, Los Angeles
County residents should continue to avoid all non-essential travel outside of California, and
requiring that all non-essential travelers who are not fully vaccinated must quarantine on arriving
in or returning to Los Angeles County from other states or countries; and
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WHEREAS, on April 14, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Orange Tier Risk Reduction Measures order that, effective
April 15, 2021, superseded all prior Safer at Home Orders; added new reopening protocols for
Indoor Seated Live Events and Performances and Private Events (meetings, receptions, and
conferences); added Guidance for Informal Social Gatherings, which replaced the prior guidance
for private gatherings; and added Fairs to the protocol for Amusement and Theme Parks, but
noted that as the County continues in the Orange tier, daily case counts, hospitalizations, and
deaths remain at moderate levels; community transmission of COVID-19 remains at a moderate
level and continues to present a substantial and significant risk of harm to residents’ health;
vaccinations are occurring as quickly as supplies allow but most people in our community are
still not vaccinated; new variants of the virus that may spread more easily or cause more severe
illness are present in our county, but their impact on our local epidemic is largely unknown; to
keep our community safe, it remains important that all residents continue to follow core
principles and practices, including consistent and correct use of masks, physical distancing from
those who do not live with you, avoiding crowds, and getting vaccinated when possible; and
people at risk for severe illness with COVID-19, such as unvaccinated older adults and
unvaccinated individuals with health risks, and members of their household should defer
participating at this time in activities with other people outside their household where taking
protective measures of wearing face masks and social distancing may be difficult, especially
indoors or in crowded spaces; and
WHEREAS, on April 27, 2021, the Director of Emergency Services issued a Thirty-Fifth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which with specified exceptions, extends the expiration of prior
supplements that remain in place until June 15, 2021, unless a later date is stated in a specified
supplement; specified exceptions to the extension permitted the resumption of the following:
imposition of late payment penalties for unpaid or delinquent Certified Unified Program Agency
(CUPA) and Fire Prevention Inspection charges, which may resume as of May 1, 2021; and the
issuance of performance permits for street performers on the pier, Third Street Promenade, and
Transit Mall, which will resume May 1, 2021, subject to the requirement that all performers
comply with all social distancing and infection control protocols imposed by applicable State and
County public health orders; in light of the prior suspension of 2020 performance permits, those
permits will remain valid for the period May 1, 2021 through December 31, 2021; and
WHEREAS, on May 5, 2021, the Los Angeles County Department Public Health issued a
revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Yellow Tier Risk Reduction Measures order that, effective May 6, 2021,
superseded all prior Safer at Home Orders; made revisions reflecting the County’s move into the
Yellow Tier of the State’s Blueprint for a Safer Economy, including, but not limited to,
modifications to protocols authorizing certain businesses to reopen with specified capacity
restrictions, but noted that as the County moves into the Yellow tier, even as daily case counts,
hospitalizations, and deaths are decreasing, most people in our community are still not fully
vaccinated and remain susceptible to infection and the revision of reopening protocols does not
mean that the activities are safe and without risk;
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WHEREAS, on May 14, 2021, the Los Angeles County Department Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Yellow Tier Risk Reduction Measures order that, effective that same day,
superseded all prior Safer at Home Orders, and was largely the same as the May 5, 2021 Safer at
Home Order, with the exception that it clarified that professional services businesses, including
residential and commercial real estate, should operate in compliance with Appendix A: Social
Distancing; and
WHEREAS, on May 18, 2021, the Director of Emergency Services issued a Thirty-Sixth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which superseded and replaced the First Revised Twentieth
Supplement issued July 15, 2020, to modify the City’s requirements regarding the wearing of
face coverings to mesh with the State and County’s latest guidance regarding the continued use
of face coverings (including in certain situations even by those who have been fully-vaccinated)
through at least June 15, 2021, and sunset provisions from Sections 3(b), 4, and 5 of the Revised
Fifth Supplement issued March 18, 2020, to permit the resumption of imposition of late payment
penalties for unpaid or delinquent parking citations, enforcement of parking restrictions and
limitations in Green Parking Zones, and towing for violations of the California Vehicle Code
related to delinquent parking citations and expired registration; and
WHEREAS, on May 21, 2021, the California Department of Public Health announced
that, other than for mega events (those with crowds greater than 5,000 for indoor events and
10,000 for outdoor events), beginning on June 15, 2021, the State will not impose on businesses
restrictions on capacity and physical distancing; and
WHEREAS, on May 21, 2021, the Los Angeles County Department of Public Health
announced that the County will align with the State’s June 15, 2021 reopening plans that ease
many capacity limits and distancing requirements for businesses;
WHEREAS, effective May 22, 2021, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-
First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, and Thirty-Fifth Supplements
thereto; resolved that the local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council; and resolved that the supplements being ratified
above shall, except for those portions of earlier supplements that were not extended by the
Nineteenth, Thirty-First, Corrected Thirty-Fourth, and Thirty-Fifth Supplements, be operative
and remain in effect through June 15, 2021, or any later date expressly stated within the text of
an individual supplement; and
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WHEREAS, on June 2, 2021, the Los Angeles County Department Public Health issued a
revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Yellow Tier Risk Reduction Measures order that superseded all prior
Safer at Home Orders; made revisions to permit the operation of Overnight Organized /
Children’s Camps in compliance with requirements of a newly promulgated opening protocol for
these businesses and with prior notice of intended operation to County Environmental Health to
allow sufficient time for an inspection of the premises before reopening, and continued to note
that most people in our community are still not fully vaccinated and remain susceptible to
infection, new variants of the virus that may spread more easily or cause more severe illness are
present in our county though their impact on the local pandemic remains largely unknown,
several other states including Oregon, Nevada, Utah, and Arizona are experiencing a recent
increase in case and hospitalization rates, and all persons should continue to practice physical
distancing and COVID-19 infection control measures at all times when among other persons
when in community, work, social, or school settings; and
WHEREAS, on June 8, 2021, the City Council adopted Emergency Ordinance No. 2673,
which established Santa Monica Municipal Code Chapter 6.40 to implement the Santa Monica
Outdoors program and continue the authorization for eligible businesses temporarily to use
certain public outdoor space for dining and other business activities and Emergency Interim
Zoning Ordinance No. 2674, authorizing temporary use of private outdoor space; temporary
permitted uses for emergency shelters, public safety facilities, and drive-through facilities for
COVID-19 testing and vaccination purposes; and flexibility in issuance of temporary use permits
and alcoholic beverage sales, which ordinances became effective immediately upon their
adoption, as well as two resolutions (Resolutions Nos. 11339 and 11340) extending certain fee
waivers for use of public property through January 1, 2022, and established certain fees for use
of public property effective January 1, 2022; and
WHEREAS, on June 11, 2021, the Governor of California issued Executive Order N-07-
21, which noted that over the last 15 months the effective actions of Californians have
successfully curbed the spread of COVID-19, resulting in dramatically lower disease prevalence
and death in the State; noted that as of June 9, 2021, 54.3% of eligible Californians have received
a full course of COVID-19 vaccination, raising the level of overall immunity in the States; noted
that given the current outlook, it is appropriate to reevaluate existing public health directives to
allow for a full reopening of California while maintaining caution and vigilance as California
continues to increase vaccination rates and monitor COVID-19 variants; rescinded Executive
Order N-33-20, issued on March 19, 2020, setting forth the Stay-at-Home Order; and rescinded
Executive Order N-60-20, issued on May 4, 2020, directing the State Public Health Officer to
issue a risk-based framework for reopening the economy, along with all restrictions on
businesses and activities deriving from that framework, including all aspects of the Blueprint for
a Safer Economy; and
WHEREAS, on June 11, 2021, the Governor of California issued Executive Order N-08-
21, which noted that as a result of the effective actions Californians have taken, as well as the
successful and ongoing distribution of COVID-19 vaccines, California is turning a corner in its
fight against COVID-19; noted that in light of the current state of the COVID-19 pandemic in
California, it was appropriate to roll back certain provisions of prior COVID-19 related
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Executive Orders; noted that certain provisions of prior COVID-19 related Executive Orders
remained necessary to continue to help California respond to, recover from, and mitigate the
impacts of the COVID-19 pandemic; noted that the termination of certain provisions of prior
COVID-19 Executive Orders during this stage of the emergency would compound the effects of
the emergency and impede the State’s recovery by disrupting important governmental and social
functions; and, subject to individual conditions described in the order, extended specific
provisions of identified prior Executive Orders issued by the Governor in response to the
COVID-19 pandemic to have full force and effect through and expire as of June 30, 2021, July
31, 2021, or September 30, 2021; and
WHEREAS, on June 11, 2021, the California Department of Public Health issued a State
Public Health Officer Order, effective June 15, 2021, which superseded the earlier Public Health
Officer Orders issued March 19, 2020, May 7, 2020, July 13, 2020, and August 28, 2020; noted
that California has made significant progress in vaccinating individuals and reducing community
transmission; noted that the COVID-19 vaccines are effective in preventing infection, disease,
and spread; noted that unvaccinated persons are more likely to get infected and spread the virus
which is transmitted through the air an concentrates indoors; noted that we must remain vigilant
against variants of the disease especially given high levels of transmission in other parts of the
world and due to the possibility of vaccine escape; noted that COVID-19 remains a concern to
public health and, in order to prevent its spread, limited and temporary public health
requirements remain necessary at this time; ordered that all individuals must follow the
requirements in the Guidance for the Use of Face Coverings issued by the California Department
of Public Health; ordered that all individuals must follow the requirements for Mega Events in
the Beyond the Blueprint for Industries and Business Sectors issued by the California
Department of Public Health, pending a review to be completed by no later than September 1,
2021; ordered that all individuals must continue to follow the requirements in the current
COVID-19 Public Health Guidance forK-12 Schools in California, the current COVID-19 Public
Health Guidance for Child Care Programs and Providers, and the portions of the current K-12
Schools guidance that have been made explicitly applicable to day camps and other supervised
youth activities; and noted that the California Department of Public Health will continue to offer
additional, non-mandatory public health recommendations and guidance related to COVID-19,
that the public will be encouraged to follow to keep themselves, their families, and their
communities healthy; and
WHEREAS, as of June 12, 2021, the Los Angeles County Department of Public Health
has confirmed 1,246,123 cases of COVID-19 in Los Angeles County and has continued to advise
that public health measures remain required to prevent the further spread of COVID-19; and
WHEREAS, for reasons similar to those set forth by the Governor of California in
support of Executive Orders N-07-21 and N-08-21, as a result of the effective actions Santa
Monicans have taken, as well as the successful and ongoing distribution of COVID-19 vaccines
within Santa Monica, Santa Monica is turning a corner in its fight against COVID-19; in light of
the current state of the COVID-19 pandemic in Santa Monica, it is appropriate to roll back
certain provisions of prior COVID-19 related Emergency Supplements issued by the Director of
Emergency Services; certain provisions of prior COVID-19 related Emergency Supplements
issued by the Director of Emergency Services remain necessary to continue to help Santa Monica
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respond to, recover from, and mitigate the impacts of the COVID-19 pandemic; and the
termination of certain provisions of prior COVID-19 related Emergency Supplements issued by
the Director Emergency Services at this stage of the emergency would compound the effects of
the emergency and impede Santa Monica’s recovery by disrupting important governmental and
social functions; and
WHEREAS, California Government Code 8634 empowers the City to promulgate orders
and regulations necessary to provide for the protection of life and property during a local
emergency, and
WHEREAS, in the interest of public health and safety, as affected by the emergency
caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section
2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of
life and property.
NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of
Santa Monica, do hereby issue the following order to become effective immediately, subject to
ratification as soon as practicable by the City Council.
IT IS HEREBY ORDERED THAT:
A. Extension of Emergency Supplements
1. Subject to the exceptions stated in Sections 2, 3, and 4 of this Order; Section 2 of the
Nineteenth Supplement issued June 29, 2020; Sections 6 and 7 of the Thirty-First
Supplement issued December 22, 2020; Sections 8 through 11 of the Corrected
Thirty-Fourth Supplement issued March 24, 2021; Sections 2 and 3 of the Thirty-
Fifth Supplement issued April 27, 2021; and Sections 19 and 20 of the Thirty-Sixth
Supplement issued May 18, 2021, the Fifth Revised First, Revised Fourth, Revised
Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth,
Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-
Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-
Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-Second, Thirty-Third,
Corrected Thirty-Fourth, Thirty-Fifth, and Thirty-Sixth Supplements to the Executive
Order of the Director of Emergency Services Declaring the Existence of a Local
Emergency shall be extended to be operative and remain in effect until July 15, 2021,
at 11:59 p.m., or any later date expressly stated within the text of an individual
supplement, at which time they shall automatically expire unless earlier extended or
expressly superseded by an action of the City Council or by a further Executive Order
of the Director of Emergency Services or Supplement thereto.
2. Sections 1 and 4 of the Revised Fourth Supplement issued March 17, 2020; Sections
10, 19-29, 30-40, 41-51, 52-67, 68-78, and 84-85 of the Third Revised Eighteenth
Supplement issued August 18, 2020; Sections 8-14 of the Twenty-Sixth Supplement
issued September 18, 2020; Sections 15-19 of the Twenty-Seventh Supplement issued
October 7, 2020; Sections 1-10 of the Twenty-Eighth Supplement issued November
24, 2020; Sections 2-5 of the Thirtieth Supplement issued December 18, 2020; and
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Sections 1-8 of the Thirty-Third Supplement issued January 28, 2021, have been
superseded by the City Council’s June 8, 2021 adoption of Emergency Ordinance No.
2673, Emergency Interim Zoning Ordinance No. 2674, and two resolutions
establishing and waiving certain fees for use of public property (Resolutions Nos.
11339 and 11340), and for this reason these sections of these supplements are not
extended.
3. The following Emergency Supplements, or the following specified sections of the
following Emergency Supplements, are not extended and shall have no force and
effect as of the effective date of this order:
a. Section 2 of the Revised Fourth Supplement issued March 17, 2020, which
authorized Restaurant, Limited Service and Take-Out, as defined by SMMC
Section 9.51.030(B)(8)(c), and Restaurant, and Eating and Drinking Establishment,
with Drive-Through Facility, as defined by Section 9.51.030(B)(8)(d), as permitted
uses in all zoning districts where Restaurant, Limited Service and Take-Out or
Restaurant, Full-Service, as defined by SMMC Section 9.51.030(B)(8)(b), is a
permitted use;
b. Section 9 of the Revised Fourth Supplement, issued March 17, 2020, which
suspended implementation and enforcement of SMMC Section 3.12.680, related to
regulation of operation of vehicles over a certain size;
c. Section 10 of the Revised Fourth Supplement, issued March 17, 2020, which
suspended all user fees related to Breeze bike share;
d. Section 1 of the Revised Fifth Supplement, issued March 18, 2020, which
implemented a rear-door boarding policy for all Big Blue Bus customers with the
exception of ADA customers traveling in mobility devices and, to implement this
policy, suspended customer fare payment on the Big Blue Bus.
e. Sections 3(a) and (c ) of the Revised Fifth Supplement, issued March 18, 2020,
which suspended the imposition of late payment penalties for unpaid or delinquent
water and/or sewer bills and refuse and recycling collection bills;
f. The entirety of the Sixth Supplement, issued March 20, 2020, which implemented
suspensions of a variety of personnel-related rules and procedures;
g. Section 2 of the Ninth Supplement, issued March 27, 2020, which closed to the
public Santa Monica City Hall and all other City public counters that provide non-
essential services to the public;
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h. The entirety of the Tenth Supplement, issued April 1, 2020, which implemented
and authorized enforcement of City-specific requirements for construction projects
and sites to ensure compliance with social distancing and health directives of the
County Safer at Home Order;
i. Section 5 of the Twelfth Supplement, issued April 24, 2020, which authorized stays
of longer than 30 days in lodging establishments lawfully operating as a Hotel and
Motel, as that term is defined in SMMC Section 9.51.030(B)(15)(b);
j. Sections 8-12 of the Sixteenth Supplement, issued May 19, 2020, which
implemented and authorized enforcement of limitations on the delivery fees that
could be charged to restaurants by third-party food delivery services;
k. Section 4 of the Seventeenth Supplement, issued May 29, 2020, which exempted
trucks and other vehicles engaged in the delivery of grocery items to grocery stores,
when such items were to be made available for sale to the public, from having to
comply with any City rules and regulations that limit the hours for such deliveries;
l. Section 8 of the Third-Revised Eighteenth Supplement, issued August 18, 2020,
which waived late payment fees for City leases and licenses;
m. Section 11 of the Third-Revised Eighteenth Supplement, issued August 18, 2020,
which authorized the Director of the Department of the Housing and Economic
Development or designee, or the Director of the Community Development
Department or designee, to suspend additional rent or license payments for the
months of April through October 2020 for City tenants and licensees whose
operations had been closed or significantly restricted pursuant to emergency orders
issued by the City, the County of Los Angeles Department of Public Health, or the
Governor of California;
n. Sections 79-83 of the Third-Revised Eighteenth Supplement, issued August 18,
2020, which authorized the Director of the Community Development Director or
designee to draft and enter into temporary license agreements authorizing the
temporary use of certain public parking facilities or the Santa Monica Pier for
temporary use by gyms and fitness establishments;
o. Sections 1 through 6 of the Twenty-Fourth Supplement, issued August 24, 2020,
which implemented and authorized enforcement of City-specific rules relating to
prohibited gatherings to ensure compliance with social distancing and health
directives of the County Safer at Home Order;
p. Section 11 of the Twenty-Eighth Supplement, issued November 24, 2020, which
waived the permit fee for tents larger than 400 square feet for any special event
permit filed with the Santa Monica Fire Department in connection with a temporary
use authorized by Sections 1 to 10 of the Twenty-Eighth Supplement or Sections 19
to 78 of the Third Revised Eighteenth Supplement;
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q. Section 1 of the Thirtieth Supplement, issued December 8, 2020, which suspended
hourly fees for parking by daily short-term visitors in City parking structures 1
through 6 from December 11, 2020 through December 26, 2020;
r. Sections 1 through 6 of the Corrected Thirty-Fourth Supplement, issued March 24,
2021, which authorized restaurants, in accordance with regulations promulgated by
the Director of the Community Development Department or designee, to post
temporary curbside pickup signs to create temporary curbside pickup zones; and
s. Sections 1 through 18 of the Thirty-Sixth Supplement, issued May 18, 2021, which
implemented and authorized City-specific rules for compliance with social
distancing and health directives of the County Safer at Home Order.
4. Section 10 of the Thirty-Third Supplement, issued January 28, 2021, extended
through June 30, 2021, the eviction moratorium for residential tenants for reasons
other than non-payment of rent, as implemented by Sections 1, 4 through 11, and 20
through 24 of the Fifth Revised First Supplement, issued June 17, 2020, as well as
Section 3 of the Fifth Revised First Supplement, as put in place by Section 26 of the
Twenty-Eighth Supplement, issued November 24, 2020. This eviction moratorium
for residential tenants for reasons other than non-payment of rent shall remain in
place through June 30, 2021, but is not further extended by this Order. Any further
extension of this eviction moratorium for residential tenants for reasons other than
non-payment of rent shall be by a separate order.
B. Compliance with State and County Health Directives
5. All directives included in the California Department of Public Health’s Guidance for
the Use of Face Coverings (the “State’s Face Covering Guidance”), including any
later amendments and successors thereto, are hereby adopted as rules and regulations
of the City of Santa Monica pursuant to Section 2.16.060(f)(1) of the Santa Monica
Municipal Code. For purposes of clarity, all directives in the County Department of
Health’s Safer at Home Order, including any later amendments and successors
thereto, were adopted as rules and regulations of the City of Santa Monica pursuant to
Section 2.16.060(f)(1) of the Santa Monica Municipal Code in the Eighth Supplement
issued March 22, 2020.
C. General Provisions
6. This Order shall take effect at 12:01 a.m. on June 15, 2021. Unless extended or
expressly superseded by a duly enacted Ordinance of the City Council or by a further
Order by the Director of Emergency Services, this Order shall remain in effect
through July 15, 2021.
///
///
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7. If any section, subsection, sentence, clause, or phrase of this Order is for any reason
held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this Order. The Interim City Manager hereby declares that she would have issued this
Order, the Executive Order, and any Supplement or Revised or Corrected Supplement
to the Executive Order, and each and every section, subsection, sentence, clause, or
phrase of this Order, the Executive Order, and any Supplement or Revised or
Corrected Supplement to the Executive Order not declared invalid or
unconstitutional, without regard to whether any portion of this Order, the Executive
Order, or any Supplement or Revised or Corrected Supplement to the Executive
Order would be subsequently declared invalid or unconstitutional.
ADOPTED this 14th day of June 2021.
By: LANE DILG
Interim City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
DENISE ANDERSON-WARREN
City Clerk
GEORGE S. CARDONA
Interim City Attorney
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1685 Main Street, Suite 209, Santa Monica, CA 90401 • lane.dilg@smgov.net
santamonica.gov • @cityofsantamonica • @santamonicacity
Office of the City Manager
THIRTY-EIGHTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE
DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY
WHEREAS international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
“SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,”
abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and
Department of Public Health declared a local emergency and local public health emergency to
aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the State prepare for broader
spread of COVID-19; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, the City of Santa Monica (“the City”)
cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that
were scheduled to occur through permit or license between March 12, 2020, and March 31,
2020, absent a persuasive showing by the permittee or licensee that the gathering could take
place in accordance with the guidance and directives of public health authorities; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, and to protect the health and safety of the
City workforce, the City announced that Santa Monica City Hall would be closed to the public
and open only to City employees from March 16, 2020, to March 31, 2020; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make emergency funding
available to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
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WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local
emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the
availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised
declaration of local emergency to ensure compliance with all digital signature requirements; and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first
supplemental emergency order placing a temporary moratorium on evictions for non-payment of
rent and temporarily suspending (a) the discontinuation or shut off of water service for residents
and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late
payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late
payment penalties or fees for parking violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second
supplemental emergency order temporarily closing the Santa Monica Pier to the general public;
and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health
issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events
of 50 or more people, requiring certain social distancing measures, and ordering the closure of
certain businesses; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third
supplemental emergency order that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and
fitness centers, and non-medical physical health and beauty businesses; and temporarily
prohibited restaurants, bars, and retail food facilities from serving food on-premises; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive
Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise
restrict a local government’s exercise of its police powers to impose substantive limitations on
residential and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised
Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics,
and emergency shelters in all zoning districts and allow the Director of the Department of
Planning and Community Development or designee to waive development standards, design
review, parking and access requirements, and sign standards related to such uses; to permit
limited service and take-out restaurant uses in any zoning district that allows full-service
restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets,
general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and
automatic approvals; to extend interim zoning ordinances now in effect; to direct that street
sweeping not be conducted unless essential for public health and safety and suspend parking
citations related thereto; to suspend preferential parking rules; to suspend certain regulations
relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and
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WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive
Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N-
25-20 to suspend and waive certain provisions of state and local law, including but not limited to
those provisions in the Bagley-Keene Act and the Brown Act related to the notice and
accessibility requirements for the conduct of public meetings where the physical presence of
public attendees or members of the public body seeking to meet are impliedly or expressly
required; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
First Supplement to the Executive Order of the Director of Emergency Services implementing
eviction protections for residential and commercial tenants and suspending removals of rental
property from the market under the Ellis Act; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus
(BBB) customers, with the exception of Americans with Disabilities Act customers traveling in
mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or
shut-off of water services for residents and businesses based on non-payment of water or sewer
bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c)
refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e)
Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and
(h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking
lots, parking zones, and parking spaces; and suspending penalty assessments related to business
licenses and business improvement district assessments; and
WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the
proclamation and the aforementioned Supplements shall be operative and in effect through April
30, 2020; and
WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive
Order N-33-20 directing all residents of the State of California to heed directives issued by the
State Health Officer on the same date instructing all Californians to stay home except as needed
to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and
limiting gatherings to 9 people or less; and
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WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that
the City may assess the financial impacts of COVID-19 prior to engaging in collective
bargaining, and suspending various human resources processes in order to decrease in-person
meetings and enable effective emergency response, including suspending requirements
associated with the administration of competitive examinations and the appointment of
individuals from eligibility lists; suspending certain requirements and minimum qualifications
associated with the appointment of temporary, limited-term, and as-needed employees; and
modifying the Municipal Code to state that certain additional appointments will be subject to a
probationary period; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California
Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting
restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site
consumption via delivery and take-out; and
WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all
nonessential businesses and prohibiting gatherings of non-household members; and
WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica
the Executive Order N-33-20, issued by the Governor of the State of California on March 19,
2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of
COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020
(the “County Safer at Home Order” or “Safer at Home Order”), including any later amendments
or successors thereto, the stricter of which shall apply if there is any conflict between the
Governor’s Stay at Home Order and the County Safer at Home Order; and authorizing the City
to issue administrative citations to enforce this and the previously issued supplements to its
emergency declaration; and
WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive
Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to
respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to
reasons related to COVID-19; and
WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health
issued an Addendum to the County Safer at Home Order closing all public trails and trailheads,
as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that
sanded portion of the beach, and beach access points; and
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WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency closing certain City facilities, waiving late payment fees for
City leases and licenses during the effective period of the order, suspending rent payments for
City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses
and outdoor dining license payments for City licensees for the month of April, granting the
Director of the Department of Housing and Community Development discretion to suspend
additional rent or license payments for the month of April for City tenants and licensees whose
operations have been closed pursuant to emergency orders issued by the City, the County of Los
Angeles Department of Public Health, or the Governor of California, authorizing the City to
delay responses and productions of records in response to public record requests under specified
circumstances, and extending by one month Santa Monica Fire Department annual permits of
operation set to expire on May 1, 2020; and
WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the County Safer at Home Order clarifying that all government
employees are essential workers during the pandemic; and
WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency imposing requirements specific to construction sites and
projects to ensure their compliance with the social distancing and hygiene directives imposed by
the County Safer at Home Order; and
WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an
emergency court rule that effectively delays all evictions, other than those necessary to protect
public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to
all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or
another reason; among other things, the rule temporarily prohibits a court from issuing a
summons after a landlord files an eviction case, unless necessary to protect public health and
safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to
serve on the tenant until 90 days after the emergency passes; and
WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements
thereto, and resolved that the proclamation and the aforementioned Supplements shall be
operative and in effect through April 30, 2020; and
WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency enhancing eviction protections to require
landlords to provide notice of local eviction protections to tenants, prohibiting no-fault
residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry
into a residential unit, prohibiting certain evictions of residential tenants based on the presence of
unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under
the Supplement if the landlord has already obtained compensation for the delayed rent through
governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment
Ordinance to $15,000; and
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WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency requiring workers and customers at covered businesses
(including but not limited to grocery stores, farmers markets, restaurants, hardware stores,
transportation providers, and plumbing and similar businesses) to wear face coverings; and
WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and
continued to prohibit all indoor and outdoor public and private gatherings and events; require all
businesses to cease in-person operations and remain closed to the public, unless defined as an
Essential Business by the order; require the closure of all indoor malls and shopping centers, all
swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public
beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person
operations of all non-essential businesses; and
WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Second Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and
Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be
operative and remain in effect through May 31, 2020, and that the other aforementioned
Supplements shall be operative and in effect through May 15, 2020; and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency tolling deadlines for reviewing and acting on planning
applications, exercising rights under planning entitlements, and expiration of building permits;
permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning
rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees
from accepting gifts of any sort to allow City first responders and disaster workers to take
advantage of City-approved public or private discount, specials, and subsidies programs; and
WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and
modifying it by limiting the commercial tenants subject to the protections of the order to exclude
multinational companies, public companies, and companies with more than 500 employees;
making clear that notice and documentation that indicates any loss of income or increase in
expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of
rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a
single communication may constitute both notice and documentation; and extending the
protection against eviction based on rent unpaid due to financial impacts related to COVID-19
from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the
Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and
5.45.030 to the extent they prohibit retail establishments from providing without charge reusable
grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of
sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production
Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior
to March 1, 2020, but lost employment due to COVID-19 related reasons; and
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WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order
that stated that COVID-19 continues to present a significant risk to the health of individuals
throughout California, but, consistent with Californians’ mitigation efforts and other factors
determined that the statewide data supported the gradual movement of the entire state form Stage
1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health
jurisdictions to implement or continue more restrictive public health measures if warranted; and
WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the April 10 revised County Safer at Home Order amending that
order to permit, subject to specific conditions, the reopening of certain specified types of lower-
risk retail business for sales and service transactions made via curbside pick-up or delivery only,
and the reopening of all previously closed public trails and trailheads, public and private golf
courses, and new and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying
it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than
non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of
their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child,
marriage, family, mental health, or substance abuse counseling services; specify that, for non-
retail commercial tenants, the protection against eviction will extend only for 30 days after the
expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts
related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent
for a period of 12 months following the expiration of the Order, may not charge commercial
tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90
days following the expiration of the Order, and may not charge non-retail commercial tenants
interest on that unpaid rent during the duration of the Order; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency incorporating the provisions of the Third Revised First
Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were working in Santa
Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons;
incorporating the provisions of the Third Revised First Supplement that, in accordance with the
Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and
5.45.030 to the extent they prohibit retail establishments from providing without charge reusable
grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of
sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of
operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct
of certain loud construction activities, including cement cutting or grinding, sandblasting, and the
use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public
works construction; and
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WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Third and Fourth
Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency
shall be deemed to continue and exist until its termination is proclaimed by the City Council; and
resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be
operative and remain in effect through May 15, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders
and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles
County continues to present a substantial and significant risk of harm to residents’ health; but
took a limited and measured step to partially move the County into Stage 2 of its phased
approach to reopening while keeping a low incidence of person-to-person contact and ensuring
continued social distancing and adherence to other infection control procedures – accordingly,
the order continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its
safer at home order including requirements that all individuals engaging in outdoor activities,
except for water activities, and all individuals engaging in essential activities whenever there is
or can be contact with other who are non-household members in both public and private places,
must wear a cloth face covering; and
WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency extending the effective dates of the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and requiring all persons leaving their residences for the
limited purposes allowed by the County Safer at Home Order to strictly comply with the social
(physical) distancing requirements stated in that Order or County Department of Public Health
guidance or protocols, including in particular the requirement that cloth face masks must be worn
whenever there is or may be contact with others who are non-household members, including
while engaging in permitted outdoor activities other than water activities; and
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WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume
in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking prohibitions for street
sweeping during the days and times indicated, but only during the first full week of each month,
which is when the street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Safer at Home Orders
and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles
County continues to present a substantial and significant risk of harm to residents’ health; but
took a limited and measured step to partially move the County into Stage 2 of its phased
approach to reopening while keeping a low incidence of person-to-person contact and ensuring
continued social distancing and adherence to other infection control procedures – accordingly,
the order continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
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WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that superseded all prior County
Safer at Home Orders; while recognizing that existing community transmission of COVID-19 in
the County continues to present a substantial and significant risk of harm to residents’ health, in
light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the
County with State Executive Orders and State Health Officer Orders that support phased
reopening in accordance with the California Pandemic Resilience Roadmap’s four stage
framework, while maintaining the goals of limiting close contacts with others outside of
residents’ households in both indoor and outdoor spaces and ensuring continued social distancing
and adherence to other infection control procedures – accordingly, the order continued to
prohibit indoor and outdoor public and private gatherings and events except for the limited
purposes expressly permitted by the Order; continued to require compliance with social
(physical) distancing requirements including wearing a cloth face covering whenever there is or
can be contact with others who are non-household members in both public and private spaces;
continued to require the closure of higher-risk businesses, recreational sites, commercial
properties, and activities, where more frequent and prolonged person-to-person contacts are
likely to occur; continued to allow Essential Businesses to operate subject to social distancing
requirements; allowed the conditional reopening of four categories of Lower-Risk businesses –
lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept
under 50%, manufacturing and logistics sector businesses that supply lower-risk retail
businesses, non-essential office-based businesses (while continuing to strongly encourage
telework), and indoor malls and shopping centers; continued to permit the reopening of beaches,
beach parking lots, and beach bike paths, while maintaining the closure of public piers;
continued to authorize local public entities to temporarily close certain streets or areas to
automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; continued to authorize participation
in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-
person attendance at faith-based services, provided that the gathering of congregants is limited to
the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted
participating in in-person protests subject to the same attendance limits and maintenance of
physical distancing; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of
Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home order that superseded all prior County Safer at Home Orders and
was essentially equivalent to the May 26 Safer at Home Order with the exceptions that it: added
hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen
subject to specified conditions; and permitted restaurants and other food facilities that provide
sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60%
occupancy; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency superseding and replacing the Third Supplement to specify that
closures and re-openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the event of conflict,
and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores
from limitations on delivery hours; and
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WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent
sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant,
for restaurants that open for in-house dining pursuant to the safety protocols required by the
County Safer at Home Order; superseding and replacing Section 5 of the Revised Fourth
Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the
deadlines for planning, review, and permit-related actions; and superseding and replacing
Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent
payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent deferment
program for City commercial tenants whose operations have been closed or significantly
restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor
dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the
consent of the owner and to sidewalks in front of adjacent buildings with the consent of the
owner and authorizing the Finance Director to extend the delinquency date for business license
renewal fees by two months (from September 1 to November 1) for businesses whose ability to
pay has been affected by economic impacts related to COVID-19 or the civil unrest; and
WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised
Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30,
2020, or any later date expressly stated within the text of an individual supplement; and
WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially
equivalent to the May 29 Safer at Home Order with the exception that it permitted outdoor
activity to resume at piers and the following business and activities to reopen no earlier than June
12, 2020 subject to conditions and protocols as stated in the Safer at Home Order: music film
and television production; day camps; fitness facilities; museums; professional sports without
audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and
splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared
rental units and similar facilities for tourism travel; and
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WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing
temporary eviction moratorium and extended the period for which unpaid rent will be subject to
that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified
the temporary eviction moratorium, defining three different categories of commercial tenants,
each of which receives varying protections, and encouraging landlords and commercial tenants
to negotiate modifications to rental agreements and payment plans to accommodate changed
economic circumstances of commercial landlords and tenants arising from the financial
impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general
public under specified circumstances when outside the home including when inside of, or in line
to enter, any indoor space and while outdoors in public spaces when maintaining a physical
distance of 6 feet from persons who are not members of the same household or residence is not
feasible; and
WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community for Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially
equivalent to the June 11 Safer at Home Order with the exception that it clarified the
requirements that individuals leaving their residences must wear face coverings when they are or
can be in contact with or walking past others outside of their household and permitted the
reopening of the following business and activities no earlier than June 19, 2020 subject to
conditions and protocols as stated in the Safer at Home Order: cardrooms, satellite wagering
facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries
and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive
Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of
Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in-
store redemption of beverage containers and temporarily suspending the requirement for
recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth
paragraph of Executive Order N-54-20, which had suspended Public Resources Code section
42283’s prohibitions relating to retail establishments providing bags to customers at point of
sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be
operative and remain in effect through June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and
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WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and
Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles
County Eviction Moratorium During the COVID-19 Pandemic that, in accordance with orders
issued by the Los Angeles County Board of Supervisors, recognized the extension of the
County’s eviction moratorium through July 31, 2020, but, effective June 1, 2020, excluded from
application of the moratorium commercial tenancies where the tenant has more than 100
employees and commercial tenancies where the tenant is a multinational company or a publicly
traded company; and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth
Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the
Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24,
2020; extend the suspension of outdoor dining license payments for City licensees through
August 2020; extend the deadline for applications for extensions of the delinquency date for
business license renewals to August 31, 2020; extend the authorization for temporary dining to
adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent
buildings with the consent of either the owner or tenant; extend the authorization for temporary
dining to areas of the Pier to be specified by the Director of the Community Development
Department subject to specified conditions and any additional regulations; extend the
authorization for temporary dining to portions of the sidewalk or roadway in the Third Street
Promenade to be specified by the Director of the Community Development Department subject
to specified conditions and any additional regulations; authorize the temporary use by businesses
of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the
Director of the Community Development Department for business activities other than
temporary dining, subject to specified conditions and any additional regulations; authorize
restaurants and other businesses to establish temporary Main Street satellite spaces for business
activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or
business, subject to specified conditions, specified design and safety specifications, and any
additional regulations; and specify that for compliance with certain specified mandatory seismic
retrofitting requirements, the two-year extension for planning, review, and permit-related actions
applies only if an application was pending as of March 13, 2020 or submitted between March 13,
2020 and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some
counties and the need to reduce non-essential gatherings where mixing and disease spread occur,
the California Department of Public Health ordered the closure in certain counties, including Los
Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that
had reopened after June 12 in accordance with prior state and local guidance and reemphasized
that alcohol can only be sold in such establishments in the same transaction as a meal; and
WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving
the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that
superseded all prior Safer at Home Orders and was essentially equivalent to the June 18 Safer at
Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms,
craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and
required restaurants with a moderate risk or high risk permit issued by the County Department of
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Public Health and other food facilities that provide in-person dining to follow a revised protocol
for on-site dining; and
WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community for Control of COVID-19 order
requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access
points between July 3 and July 6; prohibiting all firework shows and events until further notice;
noting that the County has recently observed a sharp increase in new COVID-19 cases and
hospitalizations demonstrating the reality of increased community transmission of COVID-19;
and reemphasizing that State public health directives and the current County Health Officer
Order prohibit professional, social, and community mass gatherings, with gatherings defined as
meetings or other events that bring together persons from multiple households at the same time
for a shared or group experience in a single room, space, or place; and
WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that, with certain specified exceptions, extended the effective
dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second
Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the
text of an individual supplement; specified exceptions permitted impositions of late payment
penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking
Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code
relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of
Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to
customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire
Department annual permits of operation to expire as of July 1, 2020; and issuance of parking
citations associated with street sweeping to resume as of July 1, 2020; and
WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71-
20, which, among other things, found that minimizing evictions during this period is critical to
reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable
to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the
transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28-
20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a
local government’s exercise of its police powers to impose substantive limitations on residential
and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of
the State of California noted the recent increase in COVID-19 cases, including a concerning
increase in hospitalizations; reminded Cities and Counties of their power, conferred by the
California Constitution, to take action to protect their residents; called on elected officials to
remain vigilant in efforts to protect the health and safety of their communities; and emphasized
the dire consequences of failing to ensure compliance with public health orders, including a
surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that
may divert resources from other health needs, further delaying reopening efforts; and
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WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the June
28 Safer at Home Order with the exceptions that it noted the serious recent regression of
COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial
increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate;
returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities,
racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and
aquariums to the list of high-risk businesses required to close for at least 21 days and until
further notice; and ordered the closure of indoor mall or shopping center food court dining and
seating areas for at least 21 days and until further notice; and
WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth
Supplements to, in accordance with the County Safer at Home Orders and the California
Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics
regarding the requirement that all individuals wear face coverings whenever they leave their
place of residence and are or may be in in contact with non-household members in both public
and private spaces; set out exemptions from the face covering requirement; specify that business
operators may refuse admission or service to any person who fails to wear a face covering as
required or to comply with social distancing requirements imposed by the County Safer at Home
Orders; and authorizes administrative citations with specified administrative fines for both
individuals and businesses failing to comply with the face covering requirements; and
WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second
Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First
Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020,
to, with respect to the November 3, 2020 general municipal election, reduce the number of
nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010
would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination
papers after the first two sets; and
WHEREAS, on July 13, 2020, in light of current data reflecting that community spread
of COVID-19 infection is of increasing concern across the state, the California Department of
Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs,
brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified
exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting
rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums,
and cardrooms; and the closure in certain counties that currently appear on the Department’s
County Monitoring List and have been on the list for three consecutive days, which included Los
Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests,
offices for non-critical infrastructure sectors, personal care services (including nail salons,
massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and
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WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 1
Safer at Home Order with the exceptions that it ordered the closure of indoor operations of hair
salons and barbershops, fitness facilities, and personal care establishments; permitted in-person
faith-based services and protests so long as they are held outdoors; ordered the closure of indoor
portions and operations of indoor malls and shopping centers; required that all indoor portions
and operations of any non-essential office-based business cease, subject to the exception for
minimum basic operations; and required that essential businesses, healthcare operations, or
essential infrastructure whose operations require employees to operate from an office worksite
require employees to telework to the extent feasible; and
WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and
Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to
continue and exist until its termination is proclaimed by the City Council; and resolved that the
supplements being ratified above shall be operative and remain in effect through July 31, 2020,
or any later date expressly stated within the text of an individual supplement; and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued the First
Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced the Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency to further clarify the requirement that all persons must wear
face coverings whenever they leave their place of residence and are or can be in contact with or
walking near or past others who are non-household members in both public and private spaces,
including, but not limited to, walking through common areas such as hallways, stairways,
elevators, and parking facilities; clarify that having a face covering visible and immediately
ready to put on whenever within 30 feet of another non-household member is intended to satisfy
the face covering requirement when walking, running, biking, or otherwise exercising or moving
in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited
inquiries to those asserting exemptions from the face covering because of medical condition,
mental health condition, or disability to prevent fraudulent assertions of such exemptions; and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty-
Second Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the eviction moratorium for residential tenants
implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the
eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement
to August 31, 2020; and
WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July
14 Safer at Home Order with the exceptions that it stated its intent to continue to ensure that
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County residents remain in their residences as much as practicable to limit close contact with
others outside their household in both indoor and outdoor spaces; reemphasized that all persons
who can telework or work from home should continue to do so as much as possible; restated that
all gatherings of people who are not part of a single household or living unit are prohibited
except for the limited purposes expressly permitted by the order; recognized that the State Public
Health Officer requires all public and private schools within the County of Los Angeles to
remain closed to in-person learning until certain criteria are satisfied and issued reopening
protocols for schools permitted to reopen to in-person learning; directed that individuals
instructed by their medical provider not to wear a face covering should wear a face shield with a
drape on the bottom edge as long as their condition permits it; and included revised reopening
protocols for various types of businesses; and
WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty-
Third Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the
Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth,
Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth,
Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised
Twenty-First, and Twenty-Second Supplements to August 31, 2020, or any later date expressly
stated within the text of an individual supplement; and,
WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements thereto; resolved
that the local emergency shall be deemed to continue and exist until its termination is proclaimed
by the City Council; and resolved that the supplements being ratified above shall be operative
and remain in effect through August 31, 2020, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July
18 Safer at Home Order with the exception that it provided clarification regarding when
elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated
requirements for childcare facilities to specify childcare must be carried out in stable groups of
12 or fewer children in the same group each day, instead of 10; and aligned with new guidance
for institutes of higher education; and
WHEREAS, on August 18, 2020, the Director of Emergency Services issued a Third
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced the prior versions
of the Eighteenth Supplement to authorize the specified uses of public and private outdoor spaces
through the duration of the County Safer at Home Order, plus an additional 30 days, so long as
businesses either enter into an encroachment agreement with or obtain a permit from the City;
allow the City to assess a monthly fee for the use of space in the public right-of-way after
November 1, 2020, with 30 days’ notice provided to businesses; authorize the use of canopies
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and propane heaters in private and public outdoor spaces in compliance with specified
guidelines; permit tables and chairs to be left secured outside the business overnight and so long
as there is at least five (5) feet of unobstructed access on the sidewalk; set standards for decks in
both Main Street satellite spaces and private property used for outdoor business; require that any
structures put in place in any Main Street satellite space be brought into compliance with the
deck standards in the Third Revised Eighteenth Supplement and that any structures for outdoor
business activity on private property be brought into compliance with the deck standards or other
applicable building standards; set fines for violations of conditions for operating in the public
right-of-way and in private outdoor spaces through administrative citations to be issued by Code
Enforcement; and authorize the Director of the Community Development Department to enter
into temporary license agreements to permit the temporary use of portions of certain public
parking facilities or the Santa Monica Pier, as designated by the Director, for temporary use by
gyms and fitness establishments; and
WHEREAS, on August 24, 2020, the Director of Emergency Services issued a Twenty-
Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which made it a strict liability offense punishable as a
misdemeanor or by administrative citation for any responsible person to conduct a gathering of
20 or more natural persons who are not part of a single household or living unit at a residence or
other private property; extended the eviction moratorium for commercial tenant 1s, as defined in
the Fifth Revised First Supplement, through September 30, 2020; subject to the exceptions
specified in the Nineteenth and Twenty-Third Supplements, extended the effective dates of the
Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth,
First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third
Supplements to September 30, 2020, or any later date expressly stated within the text of an
individual supplement; and extended the suspensions of the discontinuation or shut off of water
service for non-payment of water or sewer bills and of late payment penalties for unpaid or
delinquent water and/or sewer bills and refuse and recycling collections bills, as originally
implemented by Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December
31, 2020; and
WHEREAS, on August 28, 2020, the California Department of Public Health issued a
statewide order that, recognizing that community spread of infection remains a significant
concern across the state, and based on the current state of the pandemic in California and current
scientific understanding of transmission, further refined the State’s approach to gradually reopen
businesses and activities while reducing the risk of increased community spread by adopting a
targeted system for sector reopenings that relies on a set of tiers corresponding to specific
epidemiological profiles based on indicators of disease burden including case rates per capita and
percent of positive COVID-19 tests and proportion of testing and other COVID-19 response
efforts addressing the most impacted populations within a county; under this revised framework,
local health jurisdictions may reopen, or must close, specified sectors according to their county’s
tier; and
WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill 3088,
under which, among other things, no tenant can be evicted before February 1, 2021 as a result of
rent owed due to a COVID-19 related hardship accrued between March 4 and August 31, 2020,
if the tenant provides a declaration of COVID-19-related financial distress according to specified
timelines; no tenant can be evicted for rent that accrues but is unpaid due to a COVID-19
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hardship between September 1, 2020 and January 31, 2021 if the tenant submits declarations of
COVID-19-related financial distress according to specified timelines and pays 25% of the unpaid
rent due by January 31, 2020; and landlords are required to provide tenants a notice detailing
their rights under the legislation; and
WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the Los
Angeles County Department of Public Health issued a revised Reopening Safer at Work and in
the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of
California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders
and was essentially equivalent to the August 12 Safer at Home Order with the exception that it
recognized that the daily number of new cases is still high, and COVID-19 remains widespread
in Los Angeles County; cited the State’s August 28, 2020 issuance of its Blue Print for a Safer
Economy, which describes the tiered approach to relaxing and tightening restrictions on
activities based on specified criteria; allowed barbershops and hair salons to reopen indoor
operations at 25% of maximum occupancy and with required modifications, while encouraging
operators to provide as many services as possible outside; and, beginning September 14, 2020,
allowed K-12 schools to offer in-school services for a small, stable cohort of students with
Individualized Education Programs or English Learners needing assessments and/or specialized
in-school services, with priority given to students with disabilities; and
WHEREAS, on September 4, 2020, the United States Center for Disease Control and
Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like quarantine,
isolation, and social distancing – can be an effective public health measure utilized to prevent the
spread of communicable disease,” that eviction moratoria “facilitate self-isolation by people who
become ill or who are at risk for severe illness from COVID-19 due to an underlying medical
condition” and “allow State and local authorities to more easily implement stay-at-home and
social distancing directives to mitigate the community spread of COVID-19,” and that “housing
stability helps protect public health because homelessness increases the likelihood of individuals
moving into congregate settings, such as homeless shelters, which then puts individuals at higher
risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order,
applicable in any State or local area without a moratorium on residential evictions that provides
the same or greater level of public-health protections as the requirements in the order, requiring
that, through December 31, 2020, subject to further extension, modification, or rescission, a
landlord, owner of a residential property, or other person with a legal right to pursue eviction or
possessory action shall not evict any covered person (as defined in the order) from any
residential property in any State in which there are documented cases of COVID-19; and
WHEREAS, on September 8, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, and Twenty-Fourth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the supplements being
ratified above shall, except for those portions of earlier supplements that were not extended by
the Nineteenth Supplement, be operative and remain in effect through September 30, 2020, or
any later date expressly stated within the text of an individual supplement; and
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WHEREAS, on September 10, 2020, the Director of Emergency Services issued a
Twenty-Fifth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which permitted the Housing Commission and
Architectural Review Board to conduct certain meetings for identified purposes;
WHEREAS, on September 18, 2020, the Director of Emergency Services issued a
Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced Section 1 of the
Ninth Supplement to permit some events, activities, programs, and gatherings scheduled in City
facilities by permit or license if they are permitted by and will be conducted in accordance with
all requirements of the County Safer at Home Order; authorized the Director of the Community
Services Director to implement guidelines and regulations to permit the use of City sites for
drive-in movie theaters, vehicle-based parades, concerts, and other events to the extent permitted
by and conducted in accordance with all requirements of the County Safer at Home Order;
extended the City’s moratorium on evictions of residential tenants for reasons other than
nonpayment of rent through December 31, 2020; extended the eviction moratorium for
nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised First Supplement)
through December 31, 2020, subject to the requirement that for rent due after September 30,
2020, except for rent due for periods in which the commercial tenant 1’s business remains closed
because the County Safer at Home Order requires it to remain closed, the commercial tenant 1
must pay at least 50% of the rent due in accordance with the terms for payment set out in the
tenant’s lease; authorized the Director of the Community Services Department to promulgate
regulations and issue permits for gym and fitness establishments to engage in commercial fitness
activities at City parks, City park parking lots, and City beaches; superseded and replaced
Section 5 of the Revised Fifth Supplement so that penalties related to business licenses for fiscal
year 2020-2021 will begin to accrue as of September 1, 2020 unless an extension application was
timely filed pursuant to the Third Revised Eighteenth Supplement and penalties related to
business improvement district assessments for fiscal year 2020-2021 are not suspended and will
begin to accrue if the assessments are not timely paid; with the same exceptions specified in the
Nineteenth, Twenty-Third, and Twenty-Fourth Supplements (the latter of which extended the
expiration of the supplements to September 30, 2020), extends the expiration of prior
supplements that remain in place to December 31, 2020 unless a later expiration date is provided
in an individual supplement; and
WHEREAS, on September 23, 2020, the Governor of California issued Executive Order
N-80-20, which, among other things, noted that numerous local jurisdictions have determined
that promoting stability among commercial tenancies is necessary to mitigate the economic
impacts of COVID-19 and conducive to public health, such as by allowing commercial
establishments to decide whether and how to remain open based on public health concerns rather
than economic pressures, and extended through March 31, 2021, with respect to commercial
evictions only, Executive Order N-28-20’s suspension of any and all provisions of state law that
would preempt or otherwise restrict a local government’s exercise of its police powers to impose
substantive limitations on commercial evictions with respect to COVID19-related rent payment
issues; and
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WHEREAS, on October 2, 2020, as revised October 6, 2020, the Los Angeles County
Department of Public Health issued a revised Reopening Safer at Work and in the Community
For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s
Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders, recognized
that existing community transmission of COVID-19 in Los Angeles County remains widespread,
noted that there remains a strong likelihood that increased interactions among members of the
public will result in a significant and increasing number of cases of community transmission,
noted that the daily number of new cases while not currently substantially increasing is still high,
and was essentially equivalent to the September 4 Safer at Home Order with the exception that it
added nail salons to the list of Lower-Risk Businesses allowed to reopen for indoor operations at
25% of maximum occupancy and with required modifications, permitted outdoor dining at non-
restaurant breweries and wineries in compliance with specified conditions, and permitted
children’s playgrounds to open subject to access or use restrictions imposed by the Health
Officer and local government entities to reduce crowding and the risk of COVID-19; and
WHEREAS, on October 7, 2020, the Director of Emergency Services issued a Twenty-
Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, to ensure compliance with County social distancing
requirements and the County’s prohibition on live audiences for street performers, suspended the
issuance of permits for street performers at the Pier, Third Street Promenade, and Transit Mall,
with the result that street performers will not be allowed in those spaces during their most
crowded times, after noon Monday through Friday and on weekends and holidays; prohibited
street performers in those spaces at all other times from encouraging any person from gathering
to observe the performance while requiring performers to comply with all County social
distancing requirements, including the wearing of face coverings; authorized the Director of the
Community Development Department to issue regulations authorizing businesses to post
curbside pickup signs on parking meters adjacent to or near the business and designating spaces
in public parking lots where the City may post curbside pickup signs; temporarily suspended
certain Municipal Code requirements regarding procedures relating to HUD Community
Development Block Grants that are inconsistent with HUD procedures adopted in light of the
COVID-19 pandemic; and authorized the Director of the Community Development Department
to issue regulations regarding and issue temporary use permits for certain uses allowed by the
County Safer at Home Order, including temporary outdoor sales and special events, for a period
longer than 45 days but less than 180 days; and
WHEREAS, on October 9, 2020, the California Department of Public Health, noting that
COVID-19 continues to pose a severe risk to communities and requires all people in California
to follow necessary precautions and to adapt the way they live and function in light of this
ongoing risk, noting that the safest way to gather is to spend time with people in the same
household or to gather virtually, and noting that limiting attendance at gatherings is a way to
reduce the risk of spread and increase the effectiveness of contact tracing if a positive case is
discovered, issued mandatory guidance for private gatherings that, among other things, limited
them to no more than 3 households, required them to occur in space sufficient for everyone to
maintain at least 6 feet of physical distance from any others not in their own household, and
required the wearing of face coverings; and
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WHEREAS, on October 14, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders,
recognized that existing community transmission of COVID-19 in Los Angeles County remains
widespread and continues to present a substantial and significant risk of harm to residents’
health, noted that there remains a strong likelihood that increased interactions among members of
the public will result in a significant and increasing number of cases of community transmission,
noted that the daily number of new cases while not currently substantially increasing is still high,
and was essentially equivalent to the October 6 Safer at Home Order with the exception that, to
align with the California Department of Public Health October 9, 2020 guidance on private
gatherings, it defined the term “household” to exclude institutional and commercial group living
situations and authorized certain private gatherings of persons from no more than three
households, but only in compliance with strict requirements including that they must occur
outdoors in a space large enough for everyone to maintain at least 6 feet of physical distance
from any others not in their own household, be limited to two hours or less, and be conducted in
accordance with social distancing requirements including the wearing of face coverings; and
WHEREAS, on October 23, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders and
was essentially equivalent to the October 14 Safer at Home Order with the exception that it
permitted personal care establishments to offer services indoors with modifications; permitted
batting cages, miniature golf, and go cart racing to operate outdoors; clarified that food court
dining rooms in an indoor mall or shopping center must remain closed; increased the percentage
of students with individual education programs and English learners and other high-need
students to return to a K-12 campus; and permitted schools to reopen from TK to second grade
for class instruction with a waiver application approved by the Los Angeles County Department
of Public Health; and
WHEREAS, on October 27, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, and Twenty-Seventh Supplements thereto; resolved that the local
emergency shall be deemed to continue and exist until its termination is proclaimed by the City
Council; and resolved that the supplements being ratified above shall, except for those portions
of earlier supplements that were not extended by the Nineteenth Supplement, be operative and
remain in effect through December 31, 2020, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on November 13, 2020, noting that the incidence of COVID-19 is
increasing in many states and countries and that travel itself can be a risk for exposure to
COVID-19, the California Department of Health issued a travel advisory, encouraging
Californians to stay home or in their region and avoid non-essential travel to other states or
countries; and
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WHEREAS, on November 16, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings, superseding the face covering guidance it issued on
June 18, 2020, that requires persons to wear face coverings when they are outside of their home,
unless an enumerated exemption applies;
WHEREAS, on November 19, 2020, the California Department of Public Health, citing
the recent, unprecedented rate of rise in increase in COVID-19 cases across California, issued a
Limited Stay at Home Order effective from November 21, 2020 at 10 pm PST to 5 am PST on
December 21, 2020 in counties under Tier One (Purpose) of California’s Blueprint for a Safer
Economy requiring that all gatherings with members of other households and all activities
conducted outside the residence, lodging, or temporary accommodation with members of other
households cease between 10:00 pm PST and 5:00 am PST, except for those activities associated
with the operation, maintenance, or usage of critical infrastructure or required by law;
WHEREAS, on November 19, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior
Safer at Home Orders and became effective on November 20, 2020 and was essentially
equivalent to the October 23 Safer at Home Order with the exception that it limited the number
of persons at private outdoor gatherings to 15 persons and made other clarifications on
permissible private outdoor gatherings; limited the number of customers at outdoor restaurants,
breweries, and wineries to 50% of the establishment’s outdoor capacity and prohibited in-person
outdoor dining between the hours of 10:00 pm and 6:00 am; limited the number of customers at
outdoor cardrooms, miniature golf, batting cages, and go cart racing to 50% of the
establishment’s outdoor capacity; limited the number of persons at indoor operations for retail,
office, and personal care to 25% capacity; clarified that an essential business must comply with
the social (physical) distancing protocol and all other applicable protocols; and specified the type
of retail food market that must comply with the new protocol for grocery stores and retail food
markets; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued a
Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which authorized, and provided rules and
authorized the Director of the Community Development Department to issue regulations
regarding, the temporary extension by certain eligible businesses of their operations into unused
portions of the parking lane on Main Street where the City has placed K-rails; waived the permit
fee for tents larger than 400 square feet for any special event permit filed with the Santa Monica
Fire Department in connection with a temporary use authorized by Sections 1 to 10 of the
Twenty-Eighth Supplement or Sections 19 to 78 of the Third Revised Eighteenth Supplement;
expanded temporary curbside pickup zones by allowing the designation and use of on-street
parking spaces where no metered spaces are adjacent to the business; clarified that the two-year
extension of deadlines for planning, review, and permit actions implemented by the Third
Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles
VIII and IX of the Santa Monica Municipal Code; authorized voluntary temporary disconnection
of City water service for commercial property accounts, excluding fire service accounts, upon
payment of a temporary disconnection fee of $208.00; clarified that landlords’ service of
required Notices of Terminations of Tenancy in accordance with instructions from the Rent
Control Board upon its acceptance of a notice of intent to Ellis a building will not violate the
eviction moratorium, while specifying that no unlawful detainer action based on removal of a
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unit from the rental market pursuant to the Ellis Act may be filed until sixty days after the
expiration of the Twenty-Eighth Supplement; and extended the suspensions of water service shut
off and imposition of late payment penalties for unpaid or delinquent water, sewer, and/or refuse
and recycling collection bills through March 31, 2021; and
WHEREAS, on November 25, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior
Safer at Home Orders; recognized the recent steep surge of COVID-19 cases and large increases
in hospitalizations and testing positivity rates in the County; noted that existing community
transmission of COVID-19 in Los Angeles County remains widespread and continues to present
a substantial and significant risk of harm to residents’ health; noted that there remains a strong
likelihood that increased interactions among members of the public will result in a significant
and increasing number of cases of community transmission; noted that because even people
without symptoms can transmit the virus and because evidence shows the infection is easily
spread, preventing, limiting, and placing conditions on various types of gatherings and other
direct and indirect interpersonal interactions have been proven to reduces the risk of transmitting
the virus; and was essentially equivalent to the November 19 Safer at Home Order with the
exceptions that it: aligned the County Safer at Home Order with California’s November 19, 2020
Limited Stay at Home Order (effective November 21 at 10:00 pm PST) by requiring that all
gatherings with members of other households and all activities conducted outside the residence,
lodging, or temporary accommodation with members of other households cease between 10:00
pm PST and 5:00 am PST, except for those activities permitted by the Safer at Home Order or
required by law; required restaurants, breweries, and wineries to only offer food and beverage
via take-out, prohibiting both indoor and outdoor on-site food and beverage service, for the
period November 25 through at least December 17, 2020; and
WHEREAS, on November 28, 2020, the Los Angeles County Department of Public
Health issued a Temporary Targeted Safer at Home Health Officer Order for Control of COVID-
19: Tier 1 Substantial Surge Response, effective from 12:01 am PST on November 30, 2020 to
11:59 pm PST on December 20, 2020, that, for this time period, temporarily replaces the
November 25, 2020 Safer at Home Order; recognized the recent substantial rise in COVID-19
cases, hospitalizations, and deaths in Los Angeles County; stated the Health Officer’s
expectation that both the number of new cases and hospitalizations will continue to rapidly
increase over the next 21 days; and, among other things: directs all persons to stay home, except
to travel to and from Essential Businesses, to work at or provide service to a Healthcare
Operation or Essential Infrastructure, to work at, perform or obtain services from an Essential
Governmental Function, or to participate in permitted individual or household activities while
practicing social distancing; prohibits all public and private gatherings and events with people
from more than one household except for outdoor faith-based services and outdoor protests, and
as permitted in paragraph 9 of the order; requires all persons leaving their residences to strictly
comply with Social (Physical) distancing requirements, including wearing a face covering or
mask over both the nose and mouth whenever they are or can be in contact with or waking near
or past others who are non-household members in both public and private places, whether
indoors or outdoors; maintains the requirement that all permitted activities with individuals of
other households and all activities conducted outside the residence, lodging, or temporary
accommodation with members of other households must cease between 10:00 pm and 5:00 am
(PST) except for those activities associated with the operation, maintenance, or usage of an
Essential Business, Healthcare Operation, Essential Infrastructure, Essential Government
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Function, or required by law; maintains the closure of onsite indoor and outdoor dining at all
restaurants, allowing them to open only for takeout and delivery; requires the closure of
playgrounds, except for playgrounds located within childcare centers or schools; and imposes
stricter capacity and other limitations on many Lower-Risk Businesses and permitted activities;
and
WHEREAS, on November 30, 2020, the Director of Emergency Services issued a
Twenty-Ninth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which extended to January 31, 2021, the
moratorium on evictions of residential tenants for reasons other than nonpayment of rent;
extended to January 31, 2021, the moratorium on evictions of commercial tenant 1s (as defined
in the Fifth Revised First Supplement) for nonpayment of rent, subject to the limitation the
moratorium would apply to certain commercial tenant 1s only if they paid 50% of rent due for
certain periods after September 30, 2020; extended to January 31, 2021, the authorization for
expanded temporary curbside pickup zones; authorized the Housing Commission to meet to
review and make recommendations regarding the update to the City’s Housing Element; and
suspended through March 31, 2021 late payment penalties for unpaid or delinquent Transient
Occupancy Taxes collected by hotels for periods beginning on or after November 1, 2020 (an
earlier suspension of such penalties expired as of June 30, 2020); and
WHEREAS, on December 3, 2020, as subsequently modified by a Supplement issued
December 6, 2020, the California Department of Health, citing the unprecedented surge in the
level of community spread of COVID-19, noting current projections showing that without
additional intervention to slow the spread of COVID-19 the number of available adult Intensive
Care Unit (“ICU”) beds in California will be at capacity in mid-December, and finding that
because the rate of increases in new cases continues to escalate and threatens to overwhelm the
state’s hospital system further aggressive action is necessary, imposed, effective December 5,
2020 at 12:59 pm PST, a regional stay at home order that, when adult ICU bed capacity for any
region is less than 15% (a threshold currently reached by the Southern California region that
includes Los Angeles County), among other things: prohibits all gatherings with members of
other household except as expressly permitted by the order; requires all individuals to stay home
or at their place of residence except as necessary to conduct activities associated with the
operation, maintenance, or usage of critical infrastructure, as required by law, or as specifically
permitted by the order; permits worship and political expression outdoors, consistent with
existing guidance for those activities; and requires all retailers allowed to operate indoors to do
so at no more than 20% capacity in accordance with guidance for retailers; and
WHEREAS, on December 6, 2020, the Los Angeles County Department of Public Health
issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 12:01 am PST on
December 6, 2020 until at least 11:59 pm PST on December 27, 2020, that, for this time period,
temporarily replaces the November 25, 2020 Safer at Home Order and supersedes the November
30, 2020 Safer at Home Order and, among other things: requires lower-risk retail businesses to
conduct entrance metering of customers and prohibit eating or drinking inside such businesses;
requires indoor and outdoor malls and shopping centers to conduct entrance metering of
customers and encourages special hours to be instituted for seniors and those with chronic
conditions or compromised immune systems; prohibits recreational overnight stays at
campgrounds; prohibits hotels, motels, and shared rental units from accepting or honoring out-
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of-state reservations for non-essential travel that are for a period of less than 14 days; and
modifies the maximum indoor capacity for essential retail businesses to 20%; and
WHEREAS, on December 8, 2020, the Director of Emergency Services issued a Thirtieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, to assist with the City’s Buy Local initiative that
encourages shopping at local businesses, authorized suspension of hourly parking fees for daily
short-term visitors in City parking structures 1 through 6 for the period from December 11
through 26, 2020; and superseded and replaced Sections 1 through 3 of the Seventh Supplement
with amended rules regarding off-site and retail alcohol sales that, in particular, add the
requirement that authorized sales of to-go alcoholic beverages may be delivered to customers
only at the same time as the required accompanying meals; and
WHEREAS, on December 15, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, and Twenty-Ninth Supplements
thereto; resolved that the local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council; and resolved that the supplements being ratified
above shall, except for those portions of earlier supplements that were not extended by the
Nineteenth Supplement, be operative and remain in effect through December 31, 2020, or any
later date expressly stated within the text of an individual supplement; and
WHEREAS, on December 19, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 12:01 am PST on
December 19, 2020 until at least 11:59 pm PST on December 27, 2020, that, for this time period,
temporarily replaces and supersedes the earlier Safer at Home and Temporary Targeted Safer at
Home Orders and is substantially equivalent to the December 6, 2020 Temporary Targeted Safer
at Home Order with the exceptions, among others, that it specifies that the required closure of
personal care establishments does not extend to medical massage that is done based on a referral
by a physician or chiropractor; specifies that all employees of any non-retail Lower-Risk
Business that is a manufacturing and logistics sector business that supplies Lower-Risk Retail
Businesses must wear a face covering over the nose and mouth at all times while present at
work; specifies that outdoor seating at indoor and outdoor malls, shopping centers, swap meets,
and restaurants is closed to the public; specifies that overnight stays at campgrounds are
permissible if used for COVID-19 mitigation and containment measures, providing
accommodation for essential workers or those displaced as a result of fire or other emergency, or
providing housing solutions to protect homeless populations; and, to align with recent Supreme
Court rulings for places of worship, permits attendance at in-person faith-based services or
practices, both indoors and outdoors, subject to compliance with physical distancing and
infection control requirements; and
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WHEREAS, on December 22, 2020, the California Department of Public Health issued a
Supplement to its November 19, 2020 Limited Stay at Home Order, extending that order such
that it will remain in place until and expire only after the December 3, 2020 Regional Stay at
Home Order has terminated in all regions in the State of California; and
WHEREAS, on December 22, 2020, the Director of Emergency Services issued a Thirty-
First Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the moratorium on evictions of residential
tenants for reasons other than non-payment of rent through March 31, 2021; required landlords
to report efforts to evict residential tenants by emailing the City Attorney’s Office at
EMReports@smgov.net unredacted copies of any notices provided in an effort to evict, including
any termination notice (for example, the 15-day notice required by the COVID-19 Tenant Relief
Act of 2020) or a Summons and Complaint for Unlawful Detainer, within two days of serving
any such notice on a tenant; provided that the Annual Taxicab Vehicle Permit Fee for the period
beginning February 1, 2020, and ending January 31, 2021, will be based on the actual number of
taxicab vehicles in operation rather than the number of taxicab vehicles permitted to operate;
with prior specified exceptions, extended the expiration of prior supplements that remained in
place to January 31, 2021 -- two new exceptions to the extension were: (a) the suspension of
preferential parking enforcement in all zones other than zone 3 was extended only through
January 3, 2021, with the result that enforcement of preferential parking would resume in all
blocks in all zones in the City as of 12:01 am January 4, 2021; and (b) the limitations on and
suspensions of conducting meetings of City Boards, Commissions, and other appointed bodies
were lifted as of December 31, 2020, with the result that beginning January 1, 2021, meetings
could be conducted in accordance with the direction provided by the City Council at its
December 15, 2020 meeting; and
WHEREAS, on December 27, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, extended its December 19, 2020 Revised Temporary Targeted Safer at Home Health
Officer Order for Control of COVID-19: Tier 1 Substantial Surge Updated Response, effective
from 11:59 pm PST on December 27, 2020 to remain in effect for as long as the State Public
Health Officer’s Regional Stay at Home Order remains in effect in the Southern California
Region; and
WHEREAS, on December 29, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 11:59 pm PST on
December 29, 2020, to remain in effect for as long as the State Public Health Officer’s Regional
Stay at Home Order remains in effect in the Southern California Region, that was substantially
equivalent to the December 19, 2020 Temporary Targeted Safer at Home Order, as extended
December 27, 2020, with the exception that it added a requirement that persons arriving in the
County of Los Angeles from other states or countries on non-essential travel, including returning
Count of Los Angeles or California residents, must practice self-quarantine for 10 days after
arrival, limiting their interactions to those within their immediate household; and
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WHEREAS, on December 30, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 11:59 pm PST on
December 30, 2020, to remain in effect for as long as the State Public Health Officer’s Regional
Stay at Home Order remains in effect in the Southern California Region, that was substantially
equivalent to the December 29, 2020 Temporary Targeted Safer at Home Order, with the
exception that it added an Appendix W: Mandatory Directive on Travel to establish rules for
mandatory quarantine after non-essential travel, and modified the requirements for return from
travel to provide that, except as provided in Appendix W, persons arriving in the County of Los
Angeles from anywhere outside of the Southern California Region on or from non-essential
travel, including returning County of Los Angeles residents, must self-quarantine for 10 days
after arrival, staying at home or another place of temporary shelter and away from contact with
others, including those in one’s household (unless they are also under quarantine) for a period of
at least 10 days if no COVID-19 symptoms develop; and
WHEREAS, on January 5, 2021, the County of Los Angeles, citing the continued,
unprecedented public health and economic crisis due to the COVID-19 pandemic, noting the
expiration on January 31, 2021 of both the AB 3088 eviction protections to residential tenants
who are unable to pay rent during the COVID-19 emergency and the AB 3088 preemption of
actions by local governments to protect residential tenants from eviction for nonpayment of rent
due to financial distress related to COVID-19, and noting the critical importance as winter
months and colder temperatures arrive of continuing protections that can keep residents in their
homes and off the streets, adopted a resolution extending the County’s eviction moratorium
through February 28, 2021, with further extensions to be reevaluated every thirty days, and
applying the moratorium to nonpayment of rent incurred between February 1, 2021 and February
28, 2021 by both commercial and residential tenants so long as the reason for nonpayment is
financial impacts related to COVID-19 and the tenants have provided notice to their landlords of
their inability to pay within seven days after the date that rent was due; and
WHEREAS, on January 11, 2021, the Los Angeles County Department of Public Health,
in response to continuing increases in COVID-19 cases, hospitalizations, and deaths, issued an
urgent plea for everybody to be extremely cautious and very careful; to avoid, as much as
possible, contact with others that are not in their households; and when they must go out, to work
or for essential services, to always wear a mask, keep their distance form others, wash their hand
frequently, and bring sanitizing wipes with them to wipe down cell phones, car keys,
workstations, door handles, and anything else they touch and other people are touching; and
WHEREAS, on January 19, 2021, the Director of Emergency Services issued a Thirty-
Second Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the City’s moratorium on evictions of
residential tenants for non-payment of rent due to the financial impacts of COVID-19 to apply to
rent due and unpaid during the period February 1, 2021 through March 31, 2021; extended the
moratorium on eviction for nonpayment of rent by a commercial tenant 1 to apply to rent due
and unpaid due to the financial impacts of COVID-19 through March 31, 2021, and extended the
date by which a commercial tenant 1 may repay unpaid rent from June 30, 2021 to September
30, 2021; subject to exceptions specified in the Nineteenth and Thirty-First Supplements,
extended the expiration of prior supplements that remained in place to March 31, 2021; and
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authorized BBB to modify its existing agreement with the entity that markets advertising on
BBB buses; and
WHEREAS, on January 20, 2021, President Biden signed an executive order mandating
that the United States Center for Disease Control extend its current eviction moratorium until at
least March 31, 2021, and the Director of the CDC, noting that the COVID-19 pandemic has
presented a historic threat to our nation’s health and also triggered a housing affordability crisis
that disproportionately affects some communities, announced that it was extending its order
temporarily halting residential evictions until at least March 31, 2021; and
WHEREAS, on January 25, 2021, noting that while there are positive signs that COVID-
19 is spreading at a slower rate across the state the COVID-19 pandemic is far from over; that it
is still critical that Californians continue to wear masks when they leave their homes, maintain
physical distance of at least 6 feet, wash their hands frequently, avoid gatherings and mixing
with other households, and follow all state and local health department guidance and get the
vaccine when it is their turn; and that the majority of counties remain in the strictest, or purple,
tier that indicates which activities and businesses may open based on local case rates and test
positivity, the California Department of Health ended the state’s Regional Stay at Home Order,
allowing all counties statewide to return to the rules and framework of the Blueprint for a Safer
Economy; and
WHEREAS, on January 25, 2021, the Los Angeles County Department Public Health, in
light of the California Department of Public Health’s lifting of the State’s Regional Stay at Home
Order, reinstated the November 25, 2020 County Safer at Home Order with additional updates,
including modified guidance for attending faith-based services; and
WHEREAS, on January 26, 2021, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-
First, and Thirty-Second Supplements thereto; resolved that the local emergency shall be deemed
to continue and exist until its termination is proclaimed by the City Council; and resolved that
the supplements being ratified above shall, except for those portions of earlier supplements that
were not extended by the Nineteenth and Thirty-First Supplements, be operative and remain in
effect through March 31, 2021, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, on January 28, 2021, the Director of Emergency Services issued a Thirty-
Third Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which permitted satellite outdoor dining in portions of the
roadway in the Third Street Promenade pursuant to limitations set out in the supplement and
regulations to be issued by the Director of the Community Development Department; given the
pending expiration of AB 3088’s eviction protections for residential tenants for nonpayment of
rent due to COVID-19 financial distress, extended the City’s moratorium on evictions of
residential tenants for non-payment of rent due to the financial impacts of COVID-19 to apply to
rents due and unpaid during the period February 1, 2021 through June 30, 2021; and extended
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the City’s moratorium on evictions of tenants for reasons other than nonpayment of rent through
June 30, 2021;
WHEREAS, on January 29, 2021, California enacted SB 91, which extended the
expiration of the state moratorium on evictions for nonpayment of rent due to COVID-19
financial distress from February 1, 2021 to July 1, 2021, and included provisions preempting
local eviction moratoriums; and
WHEREAS, on January 29, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders; noted the recent decline of COVID-19 cases, hospitalizations, and testing
positivity rates in the County, while also noting that the County remained in the most restrictive
tier of the State’s Blueprint for a Safer Economy and the community transmission of COVID-19
even as daily case counts were decreasing remained high and widespread within the County; and
revised the January 25, 2021 Safer at Home Order to reopen some additional businesses with
updated protocols and remove the closure of Lower-Risk Retail Business between the hours of
10:00 pm – 5:00 am; and
WHEREAS, on February 10, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders and modified the January 29, 2021 Safer at Home Order in light of a recent U.S.
Supreme Court decision and subsequent change made by the State related to restrictions on ;aces
of worship, permitted places of worship to open for indoor services limited to 25% of indoor
capacity and continued compliance with specified conditions; and
WHEREAS, on February 18, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders and modified the February 10, 2021 Safer at Home Order to note that per the State
consolidated framework and guidance, when the Los Angeles County adjusted daily case rate has
been less than 25 per 100,000 population for five consecutive days and the school has met all
state and county requirements for reopening, schools may open for in person instruction for
students in grades TK-6; and
WHEREAS, on March 5, 2021, the California Department of Public Health updated the
activity and business tiers under its Blueprint for a Safer Economy to provide for modified
criteria for the tiers depending on levels of vaccination; and
WHEREAS, on March 12, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at
Home Orders; noted that Los Angeles County would be entering the Red Tier of the State’s
Blueprint for a Safer Economy effective March 13, 2021; lifted some local activity-specific
restrictions effective 12:01 am, Monday, March 15, 2021; but noted that Los Angeles County
continues to experience rates of COVID-19 transmission, the danger COVID-19 poses has not
subsided, most people in our community are still not vaccinated, and new variants of the virus
that may spread more easily or cause more severe illness are present in Los Angeles County,
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though their impact on the local pandemic is largely unknown; and cautioned that businesses,
entities, and residents should continue exercising caution even as certain restrictions are lifted;
and
WHEREAS, on March 19, 2021, the Director of Emergency Services issued a Thirty-
Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which modified the authorization for temporary curbside
pickup zones so that as of April 1, 2021, they will be allowed only for restaurants and not for
other businesses; and with specified exceptions, extended the expiration of prior supplements
that remain in place to April 30, 2021, with later expiration dates stated in specific supplements
remaining unchanged -- provisions not being extended will result in: (a) impositions of late
payment penalties for unpaid or delinquent transient occupancy taxes resuming as of April 1,
2021; and (b) the eviction moratorium for commercial tenant 1s not being extended, with the
result that it will not apply to rent that becomes due after March 31, 2021; and
WHEREAS, on March 23, 2021, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-
First, Thirty-Second, and Thirty-Third Supplements thereto; resolved that the local emergency
shall be deemed to continue and exist until its termination is proclaimed by the City Council; and
resolved that the supplements being ratified above shall, except for those portions of earlier
supplements that were not extended by the Nineteenth and Thirty-First Supplements, be
operative and remain in effect through March 31, 2021, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on March 24, 2021, the Director of Emergency Services issued a Corrected
Thirty-Fourth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which corrected a typographic error in Section
10 of the Thirty-Fourth Supplement regarding the time periods of rent to which the eviction
moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, would
apply; and
WHEREAS, on April 2, 2021, the United States Center for Disease Control and
Prevention issued an updated advisory regarding domestic travel during COVID-19, which
recommended delaying travel until fully vaccinated; continued to require the wearing of masks
on planes, buses, trains, and other forms of public transportation traveling into, within, or out of
the United States and U.S. transportation hubs such as airports and stations; and continued to
require staying at least 6 feet from anyone not a traveling companion; and
WHEREAS, on April 2, 2021, the Los Angeles County Department Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Orange Tier Risk Reduction Measures order that, effective April 5, 2021,
superseded all prior Safer at Home Orders; made revisions reflecting the County’s move into the
Orange Tier of the State’s Blueprint for a Safer Economy; added new protocols for Outdoor
Seated Live Events and Performances, Amusement Parks and Theme Parks, and Bars with a low-
risk public health food facility permit; and increased capacity limits while maintaining Social
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(Physical) Distancing and masking requirements for the following sectors – Restaurants,
Breweries, and Wineries, Cardrooms, Places of Worship, Family Entertainment Centers,
Shopping Malls, Retail, Fitness Centers, Personal Care Establishments, Limited Services, Movie
Theaters, Museums, and Institutes of Higher Education, but noted that as the County moves into
the Orange tier, even as daily case counts, hospitalizations, and deaths are decreasing,
community transmission of COVID-19 remains at a moderate level and continues to present a
substantial and significant risk of harm to residents’ health; vaccinations are occurring as quickly
as supplies allow but most people in our community are still not vaccinated; new variants of the
virus that may spread more easily or cause more severe illness are present in our county, but their
impact on our local epidemic is largely unknown; and reopening requires that all individuals and
businesses use particular care and do their part to make activities as safe as possible by strictly
and consistently wearing masks and following physical distancing requirements and all other
business- or activity-specific safety protocols; and
WHEREAS, on April 6, 2021, the California Department of Public Health announced
that, as California reached 20 million vaccines administered and COVID-19 case rates and
hospitalizations have stabilized, effective June 15, 2021, California will move beyond the
Blueprint for a Safer Economy to fully reopen the economy, with all industries across the state
returning to usual operations, with the continuation of common-sense, limited public health
restrictions such as masking, testing, testing or vaccination verification requirements for large-
scale higher-risk events, and workplace policies that reduce risk, including remote work when
possible without impacting business operations, if two criteria are met: (1) vaccine supply is
sufficient for Californians 16 years or older who wish to be inoculated to obtain an appointment
to receive the inoculation within two weeks; and (2) hospitalizations are stable and low, and
specifically, hospitalizations among fully vaccinated individuals are low; and
WHEREAS, on April 11, 2021, the Los Angeles County Department of Public Health
issued an updated Travel Advisory and Guidance, consistent with the Centers for Disease
Control and Prevention guidance, advising that fully vaccinated persons may travel but should
continue to take precautions and, if asymptomatic, on return from domestic travel, no quarantine
or testing is required; but continuing to advise that until they are fully vaccinated, Los Angeles
County residents should continue to avoid all non-essential travel outside of California, and
requiring that all non-essential travelers who are not fully vaccinated must quarantine on arriving
in or returning to Los Angeles County from other states or countries; and
WHEREAS, on April 14, 2021, the Los Angeles County Department Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy – Orange Tier Risk Reduction Measures order that, effective
April 15, 2021, superseded all prior Safer at Home Orders; added new reopening protocols for
Indoor Seated Live Events and Performances and Private Events (meetings, receptions, and
conferences); added Guidance for Informal Social Gatherings, which replaced the prior guidance
for private gatherings; and added Fairs to the protocol for Amusement and Theme Parks, but
noted that as the County continues in the Orange tier, daily case counts, hospitalizations, and
deaths remain at moderate levels; community transmission of COVID-19 remains at a moderate
level and continues to present a substantial and significant risk of harm to residents’ health;
vaccinations are occurring as quickly as supplies allow but most people in our community are
still not vaccinated; new variants of the virus that may spread more easily or cause more severe
illness are present in our county, but their impact on our local epidemic is largely unknown; to
keep our community safe, it remains important that all residents continue to follow core
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principles and practices, including consistent and correct use of masks, physical distancing from
those who do not live with you, avoiding crowds, and getting vaccinated when possible; and
people at risk for severe illness with COVID-19, such as unvaccinated older adults and
unvaccinated individuals with health risks, and members of their household should defer
participating at this time in activities with other people outside their household where taking
protective measures of wearing face masks and social distancing may be difficult, especially
indoors or in crowded spaces; and
WHEREAS, on April 27, 2021, the Director of Emergency Services issued a Thirty-Fifth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which with specified exceptions, extends the expiration of prior
supplements that remain in place until June 15, 2021, unless a later date is stated in a specified
supplement; specified exceptions to the extension permitted the resumption of the following:
imposition of late payment penalties for unpaid or delinquent Certified Unified Program Agency
(CUPA) and Fire Prevention Inspection charges, which may resume as of May 1, 2021; and the
issuance of performance permits for street performers on the pier, Third Street Promenade, and
Transit Mall, which will resume May 1, 2021, subject to the requirement that all performers
comply with all social distancing and infection control protocols imposed by applicable State and
County public health orders; in light of the prior suspension of 2020 performance permits, those
permits will remain valid for the period May 1, 2021 through December 31, 2021; and
WHEREAS, on May 5, 2021, the Los Angeles County Department Public Health issued a
revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Yellow Tier Risk Reduction Measures order that, effective May 6, 2021,
superseded all prior Safer at Home Orders; made revisions reflecting the County’s move into the
Yellow Tier of the State’s Blueprint for a Safer Economy, including, but not limited to,
modifications to protocols authorizing certain businesses to reopen with specified capacity
restrictions, but noted that as the County moves into the Yellow tier, even as daily case counts,
hospitalizations, and deaths are decreasing, most people in our community are still not fully
vaccinated and remain susceptible to infection and the revision of reopening protocols does not
mean that the activities are safe and without risk;
WHEREAS, on May 14, 2021, the Los Angeles County Department Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Yellow Tier Risk Reduction Measures order that, effective that same day,
superseded all prior Safer at Home Orders, and was largely the same as the May 5, 2021 Safer at
Home Order, with the exception that it clarified that professional services businesses, including
residential and commercial real estate, should operate in compliance with Appendix A: Social
Distancing; and
WHEREAS, on May 18, 2021, the Director of Emergency Services issued a Thirty-Sixth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which superseded and replaced the First Revised Twentieth
Supplement issued July 15, 2020, to modify the City’s requirements regarding the wearing of
face coverings to mesh with the State and County’s latest guidance regarding the continued use
of face coverings (including in certain situations even by those who have been fully-vaccinated)
through at least June 15, 2021, and sunset provisions from Sections 3(b), 4, and 5 of the Revised
Fifth Supplement issued March 18, 2020, to permit the resumption of imposition of late payment
penalties for unpaid or delinquent parking citations, enforcement of parking restrictions and
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limitations in Green Parking Zones, and towing for violations of the California Vehicle Code
related to delinquent parking citations and expired registration; and
WHEREAS, on May 21, 2021, the California Department of Public Health announced
that, other than for mega events (those with crowds greater than 5,000 for indoor events and
10,000 for outdoor events), beginning on June 15, 2021, the State will not impose on businesses
restrictions on capacity and physical distancing; and
WHEREAS, on May 21, 2021, the Los Angeles County Department of Public Health
announced that the County will align with the State’s June 15, 2021 reopening plans that ease
many capacity limits and distancing requirements for businesses;
WHEREAS, effective May 22, 2021, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-
First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, and Thirty-Fifth Supplements
thereto; resolved that the local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council; and resolved that the supplements being ratified
above shall, except for those portions of earlier supplements that were not extended by the
Nineteenth, Thirty-First, Corrected Thirty-Fourth, and Thirty-Fifth Supplements, be operative
and remain in effect through June 15, 2021, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on June 2, 2021, the Los Angeles County Department Public Health issued a
revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint
for a Safer Economy – Yellow Tier Risk Reduction Measures order that superseded all prior
Safer at Home Orders; made revisions to permit the operation of Overnight Organized /
Children’s Camps in compliance with requirements of a newly promulgated opening protocol for
these businesses and with prior notice of intended operation to County Environmental Health to
allow sufficient time for an inspection of the premises before reopening, and continued to note
that most people in our community are still not fully vaccinated and remain susceptible to
infection, new variants of the virus that may spread more easily or cause more severe illness are
present in our county though their impact on the local pandemic remains largely unknown,
several other states including Oregon, Nevada, Utah, and Arizona are experiencing a recent
increase in case and hospitalization rates, and all persons should continue to practice physical
distancing and COVID-19 infection control measures at all times when among other persons
when in community, work, social, or school settings; and
WHEREAS, on June 8, 2021, the City Council adopted Emergency Ordinance No. 2673,
which established Santa Monica Municipal Code Chapter 6.40 to implement the Santa Monica
Outdoors program and continue the authorization for eligible businesses temporarily to use
certain public outdoor space for dining and other business activities and Emergency Interim
Zoning Ordinance No. 2674, authorizing temporary use of private outdoor space; temporary
permitted uses for emergency shelters, public safety facilities, and drive-through facilities for
COVID-19 testing and vaccination purposes; and flexibility in issuance of temporary use permits
and alcoholic beverage sales, which ordinances became effective immediately upon their
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adoption, as well as two resolutions (Resolutions Nos. 11339 and 11340) extending certain fee
waivers for use of public property through January 1, 2022, and established certain fees for use
of public property effective January 1, 2022; and
WHEREAS, on June 11, 2021, the Governor of California issued Executive Order N-07-
21, which noted that over the last 15 months the effective actions of Californians have
successfully curbed the spread of COVID-19, resulting in dramatically lower disease prevalence
and death in the State; noted that as of June 9, 2021, 54.3% of eligible Californians have received
a full course of COVID-19 vaccination, raising the level of overall immunity in the States; noted
that given the current outlook, it is appropriate to reevaluate existing public health directives to
allow for a full reopening of California while maintaining caution and vigilance as California
continues to increase vaccination rates and monitor COVID-19 variants; rescinded Executive
Order N-33-20, issued on March 19, 2020, setting forth the Stay-at-Home Order; and rescinded
Executive Order N-60-20, issued on May 4, 2020, directing the State Public Health Officer to
issue a risk-based framework for reopening the economy, along with all restrictions on
businesses and activities deriving from that framework, including all aspects of the Blueprint for
a Safer Economy; and
WHEREAS, on June 11, 2021, the Governor of California issued Executive Order N-08-
21, which noted that as a result of the effective actions Californians have taken, as well as the
successful and ongoing distribution of COVID-19 vaccines, California is turning a corner in its
fight against COVID-19; noted that in light of the current state of the COVID-19 pandemic in
California, it was appropriate to roll back certain provisions of prior COVID-19 related
Executive Orders; noted that certain provisions of prior COVID-19 related Executive Orders
remained necessary to continue to help California respond to, recover from, and mitigate the
impacts of the COVID-19 pandemic; noted that the termination of certain provisions of prior
COVID-19 Executive Orders during this stage of the emergency would compound the effects of
the emergency and impede the State’s recovery by disrupting important governmental and social
functions; and, subject to individual conditions described in the order, extended specific
provisions of identified prior Executive Orders issued by the Governor in response to the
COVID-19 pandemic to have full force and effect through and expire as of June 30, 2021, July
31, 2021, or September 30, 2021; and
WHEREAS, on June 11, 2021, the California Department of Public Health issued a State
Public Health Officer Order, effective June 15, 2021, which superseded the earlier Public Health
Officer Orders issued March 19, 2020, May 7, 2020, July 13, 2020, and August 28, 2020; noted
that California has made significant progress in vaccinating individuals and reducing community
transmission; noted that the COVID-19 vaccines are effective in preventing infection, disease,
and spread; noted that unvaccinated persons are more likely to get infected and spread the virus
which is transmitted through the air an concentrates indoors; noted that we must remain vigilant
against variants of the disease especially given high levels of transmission in other parts of the
world and due to the possibility of vaccine escape; noted that COVID-19 remains a concern to
public health and, in order to prevent its spread, limited and temporary public health
requirements remain necessary at this time; ordered that all individuals must follow the
requirements in the Guidance for the Use of Face Coverings issued by the California Department
of Public Health; ordered that all individuals must follow the requirements for Mega Events in
the Beyond the Blueprint for Industries and Business Sectors issued by the California
Department of Public Health, pending a review to be completed by no later than September 1,
2021; ordered that all individuals must continue to follow the requirements in the current
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COVID-19 Public Health Guidance for K-12 Schools in California, the current COVID-19
Public Health Guidance for Child Care Programs and Providers, and the portions of the current
K-12 Schools guidance that have been made explicitly applicable to day camps and other
supervised youth activities; and noted that the California Department of Public Health will
continue to offer additional, non-mandatory public health recommendations and guidance related
to COVID-19, that the public will be encouraged to follow to keep themselves, their families,
and their communities healthy; and
WHEREAS, on June 14, 2021, the Los Angeles County Department Public Health issued
a Safer Return Together at Work and in the Community Beyond the Blueprint for a Safer
Economy – Encouraging COVID-19 Vaccination Coverage with Limited Risk Reduction
Measures, effective and reissued with minor revisions on June 15, 2021, which superseded prior
County Health Officer orders; rescinded most Los Angeles County Department of Public Health
sector-specific protocols and aligned with the State Beyond the Blueprint for Industry and
Business Sectors and the accompanying memoranda and orders of the State Public Health
Officer; noted that there is a 7-day average of approximately 200 new cases of COVID-19
reported daily in Los Angeles County which indicates a continued risk of COVID-19 for those
who are not or cannot be vaccinated against COVID-19; continued to place certain safety
requirements on individuals, including masking requirements in some settings consistent with
federal and state rules; and urged everyone, especially those who are not or cannot be vaccinated
against COVID-19, to continue to exercise caution and good judgment as physical distancing
requirements and capacity limitations are removed; and
WHEREAS, on June 14, 2021, the Director of Emergency Services issued a Thirty-
Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, in lieu of prior City-specific requirements for social
distancing and the wearing of face coverings, all of which were not extended, implemented and
authorized the enforcement of all directives included in the California Department of Public
Health’s Guidance for the Use of Face Coverings and all directives in the County Department of
Health’s Safer at Home Order, including any amendments and successors to those Orders; and,
with specified exceptions, extended the expiration of prior supplements that remained in place to
July 15, 2021 -- exceptions to the extension were the following: provisions of various prior
supplements relating to business use of outdoor public and private space that were superseded by
the City Council’s June 8, 2021 adoption of Emergency Ordinance No. 2673, Emergency Interim
Zoning Ordinance No. 2674, and two resolutions (Nos. 11339 and 11340) establishing and
waiving certain fees for use of public property; specified provisions (all specifically identified
and described in Section 3 of the Order) in various prior supplements that were being rolled back
in light of decreasing COVID-19 case rates and increasing vaccination rates that had led to
significant modifications to State and County public health requirements and the State’s
anticipated June 15, 2021, full reopening; and the City’s eviction moratorium for residential
tenants for reasons other than non-payment of rent was not extended but remained in place
through June 30, 2021, subject to any subsequent order that might extend that date; and
WHEREAS, on June 22, 2021, the Los Angeles County Board of Supervisors adopted a
resolution further amending and restating the County’s executive order for an eviction
moratorium during the existence of a local health emergency regarding COVID-19, which,
among other things, applies to incorporated cities within Los Angeles County; applies to
nonpayment eviction notices, no-fault eviction notices, unlawful detainer actions served and/or
filed on or after March 4, 2020, and other civil actions, including, but not limited to, actions for
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repayment of rental debt accrued on or after March 4, 2020; provides that residential tenants who
are unable to pay rent incurred during the period July 1, 2021 through September 30, 2021, are
protected from eviction under the moratorium extended by the resolution, so long as the reasons
for nonpayment was financial impacts related to COVID-19 (as defined in the resolution) and the
residential tenant has provided notice to the landlord within seven (7) days after the date rent was
due – residential tenants are required to repay unpaid rent incurred during this period within
twelve (12) months from the expiration of the period; provides that, with a specified exception
for certain owner move-ins to single family homes) residential tenants shall not be subject to no-
fault evictions (as defined in the resolution); provides that residential tenants shall not be evicted
for nuisance or for unauthorized occupants or pets whose presence is necessitated by or related to
the COVID-19 emergency; and provides that residential tenants shall not be evicted on the
ground that they denied entry by the landlord into the rental unit, subject to specified exceptions;
and
WHEREAS, key provisions of the statewide COVID-19-related eviction protections in
California are set to expire on June 30, 2021, specifically the COVID-19 Tenant Relief Act (SB
91) which took effect on February 1, 2021 and expands the protections created by AB 3088,
extends the moratorium against evictions for nonpayment of rent to June 30, 2021; and
WHEREAS, AB 3088 and SB 91 specifically preempt actions by local governments to
protect residential tenants from eviction based on nonpayment of rent due and unpaid for the
period of October 1, 2020 to June 30, 2021 based on financial distress related to COVID-19; and
WHEREAS, the City’s eviction moratorium for residential tenants for reasons other than
nonpayment of rent due to the financial impacts of COVID-19, as implemented by the Fifth
Revised First Supplement, and as extended by later orders, is in effect through June 30, 2021;
and
WHEREAS, more time is needed for California to distribute available rental assistance
funds to tenants who are likely to face eviction actions as soon as the eviction protections expire;
and
WHEREAS, according to the June report of the Bay Area Regional Health Inequities
Initiative, Housing Now, and PolicyLink: Preventing an Eviction And Debt Epidemic:
Delivering Effective Emergency COVID-19 Rental Assistance in California, only $20 million out
of $4.6 billion in rental aid, or less than half of one percent, has been paid out to California
renters, with the program hampered by technological and administrative barriers; and
WHEREAS, as of June 22, 2021, the Los Angeles County Department of Public Health
has confirmed 1,247,899 cases of COVID-19 in Los Angeles County and has continued to advise
that public health measures remain required to prevent the further spread of COVID-19; and
WHEREAS, California Government Code 8634 empowers the City to promulgate orders
and regulations necessary to provide for the protection of life and property during a local
emergency, and
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WHEREAS, in the interest of public health and safety, as affected by the emergency
caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section
2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of
life and property.
NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of
Santa Monica, do hereby issue the following order to become effective immediately, subject to
ratification as soon as practicable by the City Council.
IT IS HEREBY ORDERED THAT:
A. Application of County Residential Tenant Eviction Moratorium
1. As it applies to residential tenants, the June 22, 2021 Los Angeles County resolution further amending and restating the County’s executive order for an eviction moratorium during the existence of a local health emergency regarding COVID-19 is incorporated and adopted as follows: Section III is incorporated and adopted; Section V(A)(1) is incorporated and adopted as it applies to residential tenants during the Extension Protection Period pursuant to subsection V(A)(1)(d); sections V(A)(2), V(A)(3), V(A)(4), and V(A)(6) are incorporated and adopted; section V(B)(1) is incorporated and adopted, section V(C)(1)(c) is incorporated and adopted; sections V(C)(3), V(C)(4) and V(C)(5) are incorporated and adopted. Section IV(A) of the County resolution is incorporated and adopted to the extent consistent with the limited incorporation and adoption of the provisions listed in this Section A(1).
2. Sections 8 through 11 and 20 through 23 of the City’s Fifth Revised First Supplement
to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency (the “Fifth Revised First Supplement”) are hereby
incorporated herein and shall apply to the eviction protections that are adopted
pursuant to Section A(1) above during the extension protection period of July 1,
2021, through September 30, 2021.
3. As noted in the Twenty-Sixth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (the “Twenty-
Sixth Supplement”), AB 3088 and SB 91 preclude the City from extending its
eviction moratorium for residential tenants for nonpayment of rent due to the
financial impacts of COVID-19 implemented by Sections 1, 2, 6 through 11, and 20
through 24 of the Fifth Revised First Supplement to apply to rent due and unpaid
from October 1, 2020 through June 30, 2021. And, the resolution adopted by the Los
Angeles County Board of Supervisors on June 22, 2021, applies in Santa Monica and
provides that residential tenants who are unable to pay rent incurred during the period
July 1, 2021 through September 30, 2021, are protected from eviction under the
moratorium extended by the resolution, so long as the reasons for nonpayment was
financial impacts related to COVID-19 (as defined in the resolution) and the
residential tenant has provided notice to the landlord within seven (7) days after the
date rent was due. Accordingly, as implemented by the Twenty-Sixth Supplement:
(a) Sections 1, 2, 6 through 11, and 20 through 24 of the Fifth Revised First
Supplement, as they apply to nonpayment of rent due to the financial impacts of
COVID-19, shall apply only to such rent that was due and unpaid between March 14,
2020 and September 30, 2020; and (b) as a result, under these provisions of the City’s
emergency orders, through September 30, 2021, a landlord may not endeavor to evict
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a covered residential tenant for nonpayment of such rent due to the financial impacts
of COVID-19.
4. As implemented by the Thirty-Third Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency (the
“Thirty-Third Supplement”), Sections 1, 4 through 11, and 20 through 24 of the Fifth
Revised First Supplement, which implement an eviction moratorium for residential
tenants for reasons other than nonpayment of rent due to the financial impacts of
COVID-19, as well as Section 3 of the Fifth Revised First Supplement as put in place
by Section 26 of the Twenty-Eighth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency, were
extended and remains in effect through June 30, 2021. The resolution adopted by the
Los Angeles County Board of Supervisors on June 22, 2021, applies in Santa Monica
and provides residential tenants with similar protections from evictions for reasons
other than nonpayment of rent due to the financial impacts of COVID-19 through
September 30, 2021. In light of the similar protections from eviction accorded by the
Los Angeles County resolution, Sections 1, 4 through 11, and 20 through 24 of the
Fifth Revised First Supplement, which implement an eviction moratorium for
residential tenants for reasons other than nonpayment of rent due to the financial
impacts of COVID-19, as well as Section 3 of the Fifth Revised First Supplement as
put in place by Section 26 of the Twenty-Eighth Supplement to the Executive Order
of the Director of Emergency Services Declaring the Existence of a Local
Emergency, shall not be extended past June 30, 2021.
C. General Provisions
5. This Order shall take effect immediately and, unless extended or expressly
superseded by a duly enacted Ordinance of the City Council or by a further Order by
the Director of Emergency Services, this Order shall remain in effect through
September 30, 2021.
If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be
invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Order. The Interim City Manager
hereby declares that she would have issued this Order, the Executive Order, and any Supplement
or Revised or Corrected Supplement to the Executive Order, and each and every section,
subsection, sentence, clause, or phrase of this Order, the Executive Order, and any Supplement
or Revised or Corrected Supplement to the Executive Order not declared invalid or
unconstitutional, without regard to whether any portion of this Order, the Executive Order, or
any Supplement or Revised or Corrected Supplement to the Executive Order would be
subsequently declared invalid or unconstitutional.
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ADOPTED this 24th day of June 2021.
By: LANE DILG
Interim City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
DENISE ANDERSON-WARREN
City Clerk
GEORGE S. CARDONA
Interim City Attorney
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