R112411
City Council Meeting: April 6, 2020 Santa Monica, California
RESOLUTION NUMBER 11241 (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 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, (“Executive 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”) (“Exhibit A”) 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 the novel coronavirus (“COVID-
19”); and
WHEREAS, on March 14, 2020, the City Manager, in his role as the Director of
Emergency Services, issued a Revised Executive Order of the Director of Emergency
Services of the City of Santa Monica Declaring the Existence of a Local Emergency
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(“Revised Executive Order”) (“Exhibit B”) restating the declaration of local emergency in
order to ensure compliance with all digital signature requirements; and
WHEREAS, on March 14, 2020, the Executive 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 Executive 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 Order”) (“Exhibit D”) 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 Executive 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”) (“Exhibit E”) that ordered the temporary closure of bars and
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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; temporarily prohibited restaurants, bars, and retail food facilities
from serving food on-premises; and strongly urged houses of worship to limit large
gatherings on their premises and to observe social distancing practices in their services;
and
WHEREAS, on March 16, 2020, the Executive Director of Emergency Services
issued a Fourth Supplement to the Executive Order of the Director of Emergency
Services 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”) (“Exhibit F”); and
WHEREAS, on March 17, 2020, the Executive 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
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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 18, 2020, the Executive 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”) (“Exhibit C”) 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 Executive 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”) (“Exhibit G”); and
WHEREAS, on March 18, 2020, the Executive 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
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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 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, California Governor Gavin Newsom 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
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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 Executive 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 Executive 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
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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 Executive 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
Department of Public Health’s Safer at Home Order”), 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 Executive 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
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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 April 1, 2020, the Executive 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 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
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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
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 increasingly severe public health recommendations that include but are not
limited to social distancing between non-family members, staying in one’s home if sick,
canceling or postponing group events and gatherings, isolation for senior and at-risk
populations, and other precautions to protect public health and prevent transmission of
this communicable virus; and
WHEREAS, as of April 5, 2020, the Los Angeles County of Public Health had
confirmed 5,277 cases of COVID-19 in Los Angeles County; and
WHEREAS, the Los Angeles County Department of Public Health has advised
that bold and aggressive measures be implemented to prevent the further spread of
COVID-19 across the County; 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, 2020, 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
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Monica Municipal Code to ratify the actions of the Executive 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.
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 Revised First Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) is
hereby ratified.
SECTION 4. The Second Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit D”) is
hereby ratified.
SECTION 5. The Third Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit E”) is hereby
ratified.
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SECTION 6. The Revised Fourth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit
F”) is hereby ratified.
SECTION 7. The Revised Fifth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit G”) is
hereby ratified.
SECTION 8. The Sixth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit H”) is
hereby ratified.
SECTION 9. The Seventh Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit I”) is hereby
ratified.
SECTION 10. The Eighth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit J”) is hereby
ratified.
SECTION 11. The Ninth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit K”) is hereby
ratified.
SECTION 12. The Tenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit L”) is hereby
ratified.
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SECTION 13. 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.
SECTION 14. The City Council authorizes the 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 15. 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 16. The Revised First, Second, Third, Revised Fourth, Revised Fifth,
Sixth, Seventh, Eighth, Ninth, and Tenth Supplements to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency shall
remain in effect until April 30, 2020, 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.
SECTION 17. If any section, subsection, sentence, clause, or phrase of this
Resolution, the Executive Order, or any Supplement or Revised Supplement to the
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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 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
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 the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 18. 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:
_________________________
LANE DILG
City Attorney
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Adopted and approved this 6th day of April 2020.
__________________________
Kevin McKeown, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that Emergency Resolution No. 11241 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 6th day of April 2020, by the
following vote:
AYES: Councilmembers Davis, Himmelrich, Jara, Morena, Winterer,
Mayor Pro Tem O'Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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