R112511
City Council Meeting: May 26, 2020 Santa Monica, California
RESOLUTION NUMBER 11251 (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”) (“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
(“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 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
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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
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 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 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”) (“Exhibit E”) 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;
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
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WHEREAS, on March 16, 2020, the 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 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,
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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
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”) (“Exhibit G”); 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
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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, 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 (“Exhibit H”) 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 (“Exhibit I”) 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,
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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 (“Exhibit J”) 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 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
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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 (“Exhibit K”) 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 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 (“Exhibit L”): (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)
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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
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
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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
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 (“Exhibit M”) 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
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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 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 (“Exhibit N”) 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
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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,
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
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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 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 (“Exhibit C”) restating the eviction
moratorium and modifying it to define a set of non-retail commercial tenants; 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 (“Exhibit O”) 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
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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, 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
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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 (“Exhibit P”) 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 (“Exhibit Q”) 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 (“Exhibit R”) 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, as of May 19, 2020, the Los Angeles County Department of Public
Health has confirmed 39,573 cases of COVID-19 in Los Angeles County and has
continued to advise that bold and aggressive measures are required to be put in place
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
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 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
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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, and May 12, 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
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.
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 Fourth 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.
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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.
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.
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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.
SECTION 13.The Eleventh Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit M”) is hereby
ratified.
SECTION 14.The Twelfth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit N”) is hereby
ratified.
SECTION 15.The Thirteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit O”) is hereby
ratified.
SECTION 16. The Fourteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit P”) is hereby
ratified.
SECTION 17. The Fifteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit Q”) is hereby
ratified.
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SECTION 18. The Sixteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit R\”) is hereby
ratified.
SECTION 19. 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 20. The City Council authorizes the Interim City Manager, in her 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 21. 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 22. The Fourth Revised First, Second, Third, Revised Fourth, Revised
Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth,
Fifteenth, and Sixteenth Supplements to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency shall remain in effect until June
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
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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 23. 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 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 24. 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 alr eady
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
DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
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; an d
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 th e 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
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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
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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
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FOURTH REVISED FIRST 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
Lane Dilg
Interim City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
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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; 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 Governor of California Governor 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 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, 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 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
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
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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 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 Governor of California Governor 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 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 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 Department of Public Health’s Safer at Home Order; and
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WHEREAS, on April 6, 2020, the Judicial Council 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
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 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
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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
WHEREAS, as of May 6, 2020, the Los Angeles County of Public Health has confirmed
28,644 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive
measures are required to be put in place to prevent the further spread of COVID-19; and
WHEREAS, as a result of the public health emergency and the precautions recommended
by health authorities, many residential and commercial tenants in Santa Monica have
experienced or expect soon to experience sudden and unexpected income loss; and
WHEREAS, the Governor of the State of California has stated that individuals exposed to
COVID-19 may be temporarily unable to report to work due to illness caused by COVID-19 or
quarantines related to COVID-19 and individuals directly affected by COVID-19 may
experience potential loss of income, health care and medical coverage, and ability to pay for
housing and basic needs, thereby placing increased demands on already strained regional and
local health and safety resources, including shelters and food banks; and
WHEREAS, further economic impacts are anticipated, leaving residential and
commercial tenants vulnerable to eviction; and
WHEREAS, during this local emergency, and in the interest of protecting the public
health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing
displacement, to protect the City’s affordable housing stock, to prevent housed individuals from
falling into homelessness, and to prevent loss of local businesses; and
WHEREAS, this local emergency includes an economic crisis that could only worsen the
existing housing crisis in the City and in Los Angeles County; and
WHEREAS, the City cannot mitigate in the emergency environment the instability and
disruption of residential housing that might occur when multi-family buildings are removed from
the rental market under the Ellis Act; and
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WHEREAS, Ellis Act removals and other no-fault evictions would displace residents
from their homes during imposition of COVID-19 related social distancing, quarantine, and
home isolation orders that make searching for new housing infeasible and potentially dangerous
to one’s health and safety; 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:
1. For purposes of this Order, the following terms shall be defined as follows:
a. “Endeavor to evict” includes, but is not limited to: serving a Notice to Pay or
Quit, a Notice to Perform Covenant or Quit, a Notice of Termination, or any other eviction
notice; filing or pursuing an unlawful detainer action based on such notices; or seeking to
terminate a tenancy or evict a tenant through other means.
b. “Commercial tenant” means any tenant of commercial real property, including
non-profits, except a tenant that is not a non-profit and is a multi-national company, a publicly
traded company, or a company that, with its affiliates, employs more than 500 employees.
c. “Non-retail commercial tenant” means any commercial tenant, other than a non-
profit, that is a tenant in an office building; does not collect sales tax on greater than 50% of its
revenue; and is not a tenant that provides medical, dental, veterinary, fitness, educational, or
child, marriage, family, mental health, or substance abuse counseling services.
d. For a residential tenant, “financial impacts related to COVID-19” include, but are
not limited to, lost household income as a result of any of the following: (1) being sick with
COVID-19, or caring for someone who is sick with COVID-19; (2) layoff, loss of hours, or other
income reduction resulting from reduction of hours or closures or any other economic impacts of
COVID-19; (3) compliance with a recommendation from a government health authority to stay
home, self-quarantine, or avoid congregating with others during the state of emergency; (4)
extraordinary out-of-pocket medical expenses; or (5) child care needs arising from school
closures or other circumstances related to COVID-19.
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e. For a commercial tenant, “financial impacts related to COVID-19” include, but
are not limited to, lost business income as a result of any of the following: (1) the commercial
tenant or its employees being sick with COVID-19, or caring for someone who is sick with
COVID-19; (2) reduction in or closure of hours of operation, increase in costs and labor, delays
or interruptions, or any other economic impacts of COVID-19; (3) compliance with a
recommendation from a government health authority to stay home, self-quarantine, or avoid
congregating with others during the state of emergency.
2. A temporary moratorium on eviction for nonpayment of rent by residential and
commercial tenants impacted by the COVID-19 crisis is imposed as follows:
a. No landlord shall endeavor to evict a residential or commercial tenant, other than
a non-retail commercial tenant, for nonpayment of rent due to financial impacts related to
COVID-19, until twelve months after the expiration of this Order. No landlord shall endeavor
to evict a non-retail commercial tenant for nonpayment of rent due to financial impacts related
to COVID-19 until 30 days after the expiration of this Order.
b. If a tenant is unable to pay rent due to financial impacts related to COVID-19, the
tenant shall provide notice and documentation to the landlord within 30 days after rent is due.
The tenant must provide notice and documentation in writing, which may be email, text, letter,
or any other form of written communication. Notice and documentation that indicates any loss
of income or increase in expenses due to COVID-19 is sufficient. A statement written by the
tenant in a single communication may constitute both notice and documentation.
c. If a landlord receives notice and documentation that a tenant cannot pay rent due
to financial impacts related to COVID-19, and the landlord nonetheless endeavors to evict the
tenant in violation of subsection 2(a) above, then the landlord will be deemed to have taken
action to terminate a tenancy based upon a legal theory that is untenable under the facts known
to the landlord. If a landlord does so by serving a 3-day notice in bad faith, filing an unlawful
detainer complaint in bad faith that terminates in the tenant’s favor, or otherwise endeavoring to
evict in bad faith, the landlord will be deemed to have violated the City’s Tenant Harassment
Ordinance, as set forth in Section 4.56.020 of the Santa Monica Municipal Code.
d. A landlord of a residential or commercial tenant, other than a non-retail
commercial tenant, may not, during the term of this Order or thereafter, charge or collect a late
fee or penalty for rent that is delayed for reasons stated in this Order if such rent is paid within
twelve months after the expiration of this Order. A landlord of a non-retail commercial tenant
may not, during the term of this Order or thereafter, charge or collect a late fee or penalty for
rent that is delayed for reasons stated in this Order if such rent is paid within 30 days after the
expiration of this Order. A landlord of a residential tenant may not, during the term of this
Order or thereafter, charge or collect interest that would accrue on such rent during the term of
this Order or for twelve months thereafter. A landlord of a commercial tenant, other than a non-
retail commercial tenant, may not, during the term of this Order or thereafter, charge or collect
interest that would accrue on such rent during the term of this Order or for 90 days thereafter. A
landlord of a non-retail commercial tenant may not, during the term of this Order or thereafter,
charge or collect interest that would accrue on such rent during the term of this Order.
e. Regardless of any payment plan agreement, a residential tenant will have up to
twelve months following the expiration of this Order to pay any rent that was unpaid due to
financial impacts related to COVID-19 while this Order was in effect.
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f. A landlord may not recover rent that is delayed for reasons stated in this Order if
the landlord has already obtained compensation for the rent through federal or state government
relief funds or other programs that provide such compensation.
3. A temporary moratorium on eviction for no-fault evictions of residential tenants is
imposed as follows:
a. No landlord shall endeavor to evict a residential tenant in a no-fault eviction.
b. No landlord shall remove any residential rental unit from the rental market
pursuant to the Ellis Act, California Government Code Section 7060, et seq. For any rental unit
that has already been removed from the rental market pursuant to the Ellis Act, the period of time
before such a tenancy is terminated after notice shall not begin until sixty days after the
expiration of this Order.
4. No landlord shall endeavor to evict a residential tenant based on the presence of
unauthorized occupants or their pets, or based on nuisance, unless the nuisance substantially
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 the reason is
stated in the notice as the grounds for the eviction.
5. A temporary moratorium on evictions for a residential tenant’s denial of entry by the
landlord is imposed as follows:
a. A landlord shall not endeavor to evict a tenant on the ground that the tenant
denied entry by the landlord, unless the tenant unreasonably denied entry for the landlord to
remedy a condition that substantially endangers or impairs the health or safety of a tenant or
other persons in the vicinity of the premises, or that is causing or threatening to cause substantial
damage to the premises.
b. If a landlord seeks to remedy such a condition, the landlord shall not permit entry
by any person who is, or who the landlord has good cause to believe is, a carrier of the COVID-
19 virus. The landlord must ensure that appropriate social distancing, cleaning, and sanitation
measures are taken to protect from risk of transmitting the COVID-19 virus during the entry.
Such measures must account for: the tenant’s report that the tenant or a member of the tenant’s
household has or believes in good faith to have been recently been exposed to the COVID-19
virus; or the tenant’s report that the tenant or a member of the tenant’s household is at a higher
risk for more serious complications from the COVID-19 virus.
c. A landlord who enters the premises shall promptly leave the premises if the tenant
revokes permission to enter because of the landlord’s failure to observe appropriate social
distancing, cleaning, and sanitization measures.
d. For purposes of this section, “landlord” includes, but is not limited to, any person
authorized by the owner to enter the premises, such as maintenance personnel, a prospective
buyer, or a prospective tenant.
6. A landlord must provide tenants with the following notices:
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a. A landlord must provide, in accordance with the procedures set forth below, a
notice that states: “You might be protected from eviction under certain circumstances, including
nonpayment of rent due to financial impacts related to COVID-19. If you are unable to pay rent
due to financial impacts related to COVID-19, you must provide notice and documentation to
your landlord in writing within 30 days after rent is due. If you are a residential tenant, you may
also be protected from eviction for certain other reasons. For additional information, contact the
City of Santa Monica’s Coronavirus Hotline at (310) 458-8400 or visit
santamonica.gov/coronavirus.” This notice must be provided to tenants in writing by mail or
email, or by posting in a conspicuous location in the lobby of the property, near a mailbox used
by residents of the property, or in or near a public entrance to the property. The notice must be
written in the language that the landlord normally uses for verbal communications with the
tenant.
b. A landlord must include an additional copy of the same notice with any Notice to
Pay Rent or Quit, Notice to Perform Covent or Quit, Notice to Terminate, and any other notice
given as part of an eviction process, in bold underlined 12-point or larger font.
c. If a landlord files an unlawful detainer action during the period in which the
Judicial Council Emergency Rules prohibit courts from issuing a summons in an unlawful
detainer action unless necessary to protect public health and safety, the landlord must serve the
tenant with a copy of the complaint within 3 days of filing the complaint.
d. A landlord who has provided notice as required under section 6, subsection a. of
this Order to a tenant under a previous revision of this Order is not required to provide an
additional notice to the tenant under section 6, subsection a of this Order.
7. Any medical or financial information that a tenant provides to a landlord to seek
protections provided by this Order shall be held in confidence and only used as documentation
for processing the tenant’s claim under this Order.
8. This Order grants the following affirmative defenses:
a. This Order grants an affirmative defense that may be raised at any time in an
unlawful detainer action in the event that the action is commenced in violation of this Order.
b. In addition, this Order grants an affirmative defense that may be raised at any
time by a residential or commercial tenant in an unlawful detainer action or by a residential
tenant in any other civil action in the event that the action is commenced based on nonpayment
of rent due to the financial impacts of COVID-19 as described above in this Order, regardless of
whether the tenant provided the landlord with notice and documentation. Notice and
documentation shall create a rebuttable presumption that a tenant is unable to pay rent due to
financial impacts related to COVID-19.
c. In addition, this Order grants an affirmative defense that may be raised at any
time in an unlawful detainer action in the event that the action is commenced based on a no-fault
eviction, or the landlord removed the residential unit from the rental market pursuant to the Ellis
Act, California Government Code Section 7060, et seq. during the term of this Order, or the
residential rental unit was previously removed from the rental market pursuant to the Ellis Act
and the period of time before such a tenancy is terminated after notice began less than sixty days
after the expiration of this Order, as described above in this Order.
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d. In addition, this Order grants an affirmative defense that may be raised at any
time in an unlawful detainer action in the event that the action is commenced based on a
residential tenant’s denial of entry by the landlord, as described above in this Order.
e. In addition, this Order grants an affirmative defense that may be raised at any
time in an unlawful detainer action in the event that the action is commenced based on the
presence of unauthorized occupants or their pets or a nuisance that does not substantially
endanger or impair the health or safety of a tenant or other persons in the vicinity of the premises
or cause or threaten to cause substantial damage to the premises, or the action is commenced
following an eviction notice that did not state the reason serving as the grounds for the eviction.
f. In addition, this Order grants an affirmative defense that may be raised at any
time in an unlawful detainer action in the event that the action is commenced when the landlord
failed to include the required notice language in an eviction notice, as described above in this
Order.
g. Except for Section 8(f) of this Order, the affirmative defenses granted in this
Order shall apply to all actions on or after March 14, 2020. An affirmative defense under
Section 8(f) of this Order shall apply for actions taken on or after April 24, 2020.
9. Any provision in a rental agreement, payment plan, or any other agreement between a
landlord and tenant that waives or modifies any rights under this Order shall be void as contrary
to public policy.
10. A landlord may not deceive a tenant in connection with the rights and obligations under
this Order. For purposes of this section, “deceive” includes intentional misrepresentation,
negligent misrepresentation, concealment of a material fact, or false promise.
11. This Order will be enforced as follows:
a. A tenant injured by a landlord’s violation of any provision of this article has a
private right of action against the landlord for violation of California Business and Professions
Code Section 17200, et seq., and shall be entitled to attorney’s fees and exemplary damages
according to proof.
b. A landlord who serves an eviction notice in bad faith and without reasonable
grounds, or files or pursues an eviction action in bad faith and without reasonable grounds that
terminates in the tenant’s favor, or otherwise seeks to wrongfully terminate a tenancy or evict a
tenant shall be liable under this Order.
c. 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 a misdemeanor 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
each violation of any provision of this Order shall be up to a maximum of $1,000. Pursuant to
Santa Monica Municipal Code Section 1.09.040(c), a later payment charge of 10% of the
applicable fine shall be imposed for the payment of an administrative fine imposed pursuant to
this Order after its due date.
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12. The Third Revised First Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency (the “Third Revised First Supplement”)
is hereby retracted. This Fourth Revised First Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency expressly supersedes and
replaces the Third Revised First Supplement. However: (a) Section 1 of the First Supplement to
the Executive Order of the Director of Emergency Services Declaring the Existence of a Local
Emergency (the “First Supplement”) may continue to be enforced with respect to actions taken
between March 14, 2020 and March 18, 2020; (b) Sections 1 and 2 of the First Revised First
Supplement may continue to be enforced with respect to actions taken between March 19, 2020
and April 8, 2020; (c) the Second Revised First Supplement may continue to be enforced with
respect to actions taken between April 9, 2020 and April 30, 2020; and (d) the Third Revised
First Supplement may continue to be enforced with respect to actions taken between May 1,
2020 and the effective date of this Order.
13. Except as otherwise provided, this Order shall take effect immediately and shall remain
in effect until June 30, 2020, unless extended or expressly superseded by a duly enacted
Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency
Services.
14. 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 Executive Order, and any Supplement
or Revised Supplement to this 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.
ADOPTED this 8th day of May 2020.
By: _________________________
LANE DILG
Interim City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN GEORGE S. CARDONA
City Clerk Interim City Attorney
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SECOND 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 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, 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 the Centers for Disease Control and Prevention, the California Department
of Public Health, and the Los Angeles County Department of Public Health have all issued
recommendations including but not limited to social distancing, staying home if sick, canceling
or postponing large group events, working from home, and other precautions to protect public
health and prevent transmission of this communicable virus; and
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
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WHEREAS the recommendations from the California Department of Public Health
include that, in order to protect public health and slow the rate of transmission of COVID-19,
large gatherings, including outdoor gatherings, that include 250 people or more should be
postponed or canceled through at least the end of March unless essential; and
WHEREAS the recommendations from the California Department of Health include that
businesses, employers, and event organizers should take steps to ensure that social distancing of
six feet per person for non-family members is maintained; and
WHEREAS, on March 15, 2020, the Centers for Disease Control and Prevention
announced guidance that events and gatherings, whether planned or spontaneous, that include 50
or more people should be cancelled for a period of eight weeks to prevent the spread of COVID-
19 unless they can be carried out with adherence to guidelines for protecting vulnerable
populations, hand hygiene, and social distancing; and
WHEREAS the Santa Monica Pier is an iconic destination and a City landmark that
draws approximately eight million visitors annually; and
WHEREAS the Santa Monica Pier is a public street on which approximately 31 private
merchants, 12 cart vendors, and up to 30 street performers provide food, services, and
entertainment to the public; and
WHEREAS, despite public health guidance and despite reduced operations by private
merchants on the Santa Monica Pier, members of the public continue to visit the Santa Monica
Pier in large numbers; 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 to issue this
regulation related to the protection of life and property.
NOW, THEREFORE, I, Rick Cole, 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:
1. For purposes of this Order, the Santa Monica Pier shall mean the City property
that comprises the Santa Monica Municipal Pier and the Newcomb Pier.
2. The Santa Monica Pier shall be closed to the public as of 0600 hours on March
16, 2020.
3. No person shall enter the Santa Monica Pier unless that person is (a) an employee
of the City of Santa Monica or (b) an individual identified by an employee of the City of Santa
Monica as either (1) an owner or employee of a business located on the Santa Monica Pier or (2)
a third-party vendor of a business located on the Santa Monica Pier.
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4. City staff are hereby directed to determine whether the Santa Monica Pier can be
reopened on a limited basis during the local emergency in a manner that is consistent with the
guidance issued by federal, state, and local public health authorities to prevent the spread of
COVID-19 and with the operational capabilities of the City during the period of local
emergency.
5. This Order shall be enforceable as set forth in Section 2.16.100 of the Santa
Monica Municipal Code.
6. This order shall remain in effect during the period of local emergency unless and
until superseded by a duly enacted Ordinance of the City Council or by a further Order by the
Director of Emergency Services adopted during the local emergency that expressly supersedes
this Order.
ADOPTED this 15th day of March 2020. By: _________________________ RICK COLE City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN LANE DILG City Clerk City Attorney
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THIRD 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 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, 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 the Centers for Disease Control and Prevention, the California Department
of Public Health, and the Los Angeles County Department of Public Health have all issued
recommendations including but not limited to social distancing, staying home if sick, canceling
or postponing large group events, working from home, and other precautions to protect public
health and prevent transmission of this communicable virus; and
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
2
WHEREAS the recommendations from the California Department of Public Health
include that, in order to protect public health and slow the rate of transmission of COVID-19,
large gatherings, including outdoor gatherings, that include 250 people or more should be
postponed or canceled through at least the end of March unless essential; and
WHEREAS the recommendations from the California Department of Health include that
businesses, employers, and event organizers should take steps to ensure that social distancing of
six feet per person for non-family members is maintained; and
WHEREAS, on March 15, 2020, the Centers for Disease Control and Prevention
announced guidance that events and gatherings, whether planned or spontaneous, that include 50
or more people should be cancelled for a period of eight weeks to prevent the spread of COVID-
19 unless they can be carried out with adherence to guidelines for protecting vulnerable
populations, hand hygiene, and social distancing; and
WHEREAS, on March 15, 2020, the Mayor of the City of Los Angeles issued a directive
effective at 11:59 p.m. on March 15, 2020, that ordered the temporary closure of bars and
nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and
arcades, and gyms and fitness centers; that temporarily prohibited restaurants, bars, and retail
food facilities from serving food on-premises; and that strongly urged houses of worship to limit
large gatherings on their premises and to observe social distancing practices in their services; and
WHEREAS, the Los Angeles County of Public Health has confirmed 69 cases of
COVID-19 in the County and has advised that bold and aggressive measures to prevent the
further spread of COVID-19; 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, Rick Cole, 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:
1. All bars and nightclubs in the City of Santa Monica that do not serve food shall be
closed to the public.
2. Any bars or nightclubs in the City of Santa Monica that serve food may remain open
only for purposes of continuing to prepare and offer food to customers via delivery service or to
be picked up. Dine-in food service is prohibited.
3. All restaurants and retail food facilities in the City of Santa Monica shall be prohibited
from serving food for consumption on premises. Restaurants and retail food facilities may
continue to operate for purposes of preparing and offering food to customers via delivery service,
to be picked up or for drive-thru. For those establishments offering food pick-up options,
proprietors are directed to establish social distancing practices for those patrons in the queue for
pick-up.
DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
3
4. The following are exempt from this Order: (i) cafeterias, commissaries, and
restaurants located within hospitals, nursing homes, or similar facilities; (ii) grocery stores; (iii)
pharmacies; and (iv) food banks.
5. Trucks and other vehicles engaged in the delivery of grocery items to grocery stores,
when such items are to be made available for sale to the public, are hereby exempt from having
to comply with any City rules and regulations that limit the hours for such deliveries, including,
without limitation, Section 9.28.080 of the Santa Monica Municipal Code.
6. All movie theaters, live performance venues, bowling alleys and arcades shall be
closed to the public.
7. All gyms and fitness centers shall be closed to the public.
8. All businesses providing physical health and beauty services, including spas, hair
salons, massage parlors, and nail salons, that do not provide medical care or services that
supplement medical care as directed by medical professionals shall be closed to the public.
9. This Order shall be in effect beginning on March 16, 2020, at noon and extending
through March 31, 2020, at 11:59 p.m. This Order may be extended or superseded during the
period of local emergency by a duly enacted Ordinance of the City Council or by a further Order
by the Director of Emergency Services.
10. This Order shall be enforceable as set forth in Section 2.16.100 of the Santa Monica
Municipal Code.
ADOPTED this 16th day of March 2020.
By: _________________________
RICK COLE
City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
___________________ ______________________
DENISE ANDERSON-WARREN LANE DILG
City Clerk City Attorney
DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
1
REVISED FOURTH 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 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”) 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 Executive 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 Executive Director of Emergency Services issued a
second supplemental emergency order temporarily closing the Santa Monica Pier to the general
public; and
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DocuSign Envelope ID: BB954DB3-33E2-42B6-A2D2-4DFD4AF8E8B2DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
2
WHEREAS, on March 16, 2020, the Executive 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; 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 the Centers for Disease Control and Prevention, the California Department
of Public Health, and the Los Angeles County Department of Public Health have all issued
recommendations including but not limited to social distancing, staying home if sick, canceling
or postponing large group events, working from home, and other precautions to protect public
health and prevent transmission of this communicable virus; and
WHEREAS the recommendations from the California Department of Public Health
include that, in order to protect public health and slow the rate of transmission of COVID-19,
large gatherings, including outdoor gatherings, that include 250 people or more should be
postponed or canceled through at least the end of March unless essential; and
WHEREAS the recommendations from the California Department of Health include that
businesses, employers, and event organizers should take steps to ensure that social distancing of
six feet per person for non-family members is maintained; and
WHEREAS, on March 15, 2020, the Centers for Disease Control and Prevention
announced guidance that events and gatherings, whether planned or spontaneous, that include 50
or more people should be cancelled for a period of eight weeks to prevent the spread of COVID-
19 unless they can be carried out with adherence to guidelines for protecting vulnerable
populations, hand hygiene, and social distancing; and
WHEREAS the Los Angeles County of Public Health has confirmed 69 cases of COVID-
19 in the County and has advised that bold and aggressive measures to prevent the further spread
of COVID-19; 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, Rick Cole, 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:
//
//
DocuSign Envelope ID: BB954DB3-33E2-42B6-A2D2-4DFD4AF8E8B2DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
3
IT IS HEREBY ORDERED THAT:
1. The following uses shall be permitted in all zoning districts:
(a) A public safety facility, as defined by Section 9.51.030(A)(10) of the Santa
Monica Municipal Code, shall be a permitted use in all zoning districts.
(b) A hospital or clinic, as defined by Section 9.51.030(A)(8) of the Santa
Monica Municipal Code, shall be a permitted use in all zoning districts.
(c) An emergency shelter, as defined by Section 9.51.020(A)(4) of the Santa
Monica Municipal Code, shall be a permitted use in all zoning districts.
Establishment of and development standards for all of the above-listed uses shall be approved by
the Director of Emergency Services upon recommendation by the Director of the Department of
Planning and Community Development or his designee. No conditional use permit or temporary
use permit shall be required for any of the above-listed uses. Development standards, design
review, parking and access requirements and sign standards related to any of the above-listed
uses may be waived at the discretion of Director of the Department of Planning and Community
Development or his designee.
2. Restaurant, Limited Service and Take-Out, as defined by Section 9.51.030(B)(8)(c) of
the Santa Monica Municipal Code, and Restaurant, and Eating and Drinking Establishment, with
Drive-Through Facility, as defined by Section 9.51.030(B)(8)(d) of the Santa Monica Municipal
Code, shall be permitted uses in all zoning districts where Restaurant, Limited Service and Take-
Out or Restaurant, Full-Service, as defined by Section 9.51.030(B)(8)(b) of the Santa Monica
Municipal Code, is a permitted use.
4. Notwithstanding any provision in Article IX of the Santa Monica Municipal Code,
drive-through facilities shall be permitted for clinics, convenience markets, farmers markets,
general markets, hospitals, pharmacies, and restaurants.
5. All provisions of laws, ordinances, regulations, resolutions, rules and statues,
including but not limited to provisions contained in the Housing Accountability Act, Permit
Streamlining Act, California Environmental Quality Act, the Subdivision Map Act, and Article
IX of the Santa Monica Municipal Code establishing review deadlines and authorizing automatic
approvals are hereby suspended.
6. Interim Zoning Ordinances currently in effect are hereby extended and shall not expire
during the term of this Order.
7. Street sweeping shall not be conducted unless essential for public health and safety.
Accordingly, parking citations associated with street sweeping are hereby suspended.
8. Preferential parking rules are hereby suspended.
9. Section 3.12.680 of the Santa Monica Municipal Code related to regulation of
operation of vehicles over a certain size is hereby suspended. Drivers of oversize vehicles are
required to follow the truck route network specified in Section 3.12.680 of the Santa Monica
Municipal Code unless and until they need to deviate to reach their destination.
DocuSign Envelope ID: BB954DB3-33E2-42B6-A2D2-4DFD4AF8E8B2DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
4
10. All user fees related to Breeze bike share are hereby suspended.
11. The Fourth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency is hereby retracted. This Revised Fourth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency expressly supersedes and replaces that prior Order.
12. This Order shall take effect immediately and shall remain in effect until March 31,
2020, at 11:59 p.m, 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.
ADOPTED this 17th day of March 2020.
By: _________________________
RICK COLE
City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN LANE DILG
City Clerk City Attorney
DocuSign Envelope ID: BB954DB3-33E2-42B6-A2D2-4DFD4AF8E8B2DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
1
REVISED FIFTH 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 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”) 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 Executive 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 Executive Director of Emergency Services issued a
second supplemental emergency order temporarily closing the Santa Monica Pier to the general
public; and
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DocuSign Envelope ID: 5C032B15-C375-40BE-89F3-619EDAA53677DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
2
WHEREAS, on March 16, 2020, the Executive 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; 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 17, 2020, the Executive 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
WHEREAS the Centers for Disease Control and Prevention, the California Department
of Public Health, and the Los Angeles County Department of Public Health have all issued
public health recommendations to the community including but not limited to staying home if
sick, social distancing from non-family members, canceling or postponing events and gatherings,
and taking other precautions to protect public health and prevent transmission of this
communicable virus; and
WHEREAS these public health recommendations and City orders impact daily life in the
community as well as the livelihood and economic wellbeing of residents and businesses; and
WHEREAS loss of income as a result of COVID-19 may inhibit City residents and
businesses from fulfilling their financial obligations, including public utility payments such as
water and sewage charges and parking penalties; and
WHEREAS, ensuring that all people in the City continue to have access to running water
during this public health crisis will enable compliance with public health directives that people
regularly wash their hands will help to prevent the further spread of COVID-19; and
WHEREAS the health and safety of the City’s Motor Coach Operators and the continued
safe delivery of transit services to our customers and the community is of the utmost importance;
and
WHEREAS the Los Angeles County of Public Health has confirmed 144 cases of
COVID-19 in Los Angeles County and has advised that bold and aggressive measures to prevent
the further spread of COVID-19; and
DocuSign Envelope ID: 5C032B15-C375-40BE-89F3-619EDAA53677DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
3
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, Rick Cole, 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:
1. The Big Blue Bus shall, on or before March 20, 2020, implement a rear-door boarding
policy for all BBB customers with the exception of ADA customers traveling in mobility
devices. In order to implement this policy, customer fare payment on the BBB is hereby
suspended.
2. The discontinuation or shut off of water service for residents and businesses in the City
for non-payment of water or sewer bills is hereby suspended.
3. The imposition of late payment penalties is hereby suspended for unpaid or delinquent:
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.
4. The parking restrictions and limitations in Santa Monica Municipal Code
Section 3.12.730, Green Parking Zones are hereby suspended.
5. Towing is suspended for violations of the California Vehicle Code related to delinquent
parking citations (California Vehicle Code Section 22651i), abandoned vehicles
(California Vehicle Code Section 22651k) and expired registration (California Vehicle
Code Section CVC 22651o).
DocuSign Envelope ID: 5C032B15-C375-40BE-89F3-619EDAA53677DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
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6. All penalty assessments related to business licenses and business improvement district
assessments shall be frozen as of March 1, 2020, and suspended thereafter.
7. The Fifth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency is hereby retracted. This Revised Fifth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency expressly supersedes and replaces that prior Order.
8. This Order shall take effect immediately and shall remain in effect until April 15, 2020,
at 11:59 p.m, at which time it will automatically expire 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.
ADOPTED this 18th day of March 2020.
By: _________________________
RICK COLE
City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN LANE DILG
City Clerk City Attorney
DocuSign Envelope ID: 5C032B15-C375-40BE-89F3-619EDAA53677DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
1
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 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”) 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 Executive 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
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DocuSign Envelope ID: A48ACB1B-5F41-4DD4-8F4C-0E1E7D2536D2DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
2
WHEREAS, on March 15, 2020, the Executive 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 Executive 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; 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 17, 2020, the Executive 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
WHEREAS, on March 18, 2020, the Executive 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;
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;
DocuSign Envelope ID: A48ACB1B-5F41-4DD4-8F4C-0E1E7D2536D2DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
3
WHEREAS the Centers for Disease Control and Prevention, the California Department
of Public Health, and the Los Angeles County Department of Public Health have all issued
public health recommendations to the community including but not limited to staying home if
sick, social distancing from non-family members, canceling or postponing events and gatherings,
and taking other precautions to protect public health and prevent transmission of this
communicable virus; and
WHEREAS, to prevent the spread of COVID-19, the City Manager ordered the closure
of City Hall facilities effective March 16, 2020, until at least March 31, 2020, which has
impacted the ability of the City’s approximately 2,700 employees to continue performing their
regular job duties at the workplace; and
WHEREAS, to mitigate the financial impacts on those City employees who are unable to
work remotely or who must care for family members as a result of school closures and other
public health recommendations, the City has authorized paid administrative leave for a large
portion of its workforce through March 31, 2020; and
WHEREAS, the expeditious retention of additional staffing is needed to immediately
support essential staff members who are currently providing essential public services during this
period of emergency; and
WHEREAS the Los Angeles County of Public Health has confirmed 292 cases of
COVID-19 in Los Angeles County and has advised that bold and aggressive measures to put in
place to prevent the further spread of COVID-19; 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, Rick Cole, 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:
1. Notwithstanding any provisions in any memorandum of understanding requiring or
recommending the commencement of labor negotiations by a specified date, the
negotiations set to commence between the City and the following labor groups for a
successor memorandum of understanding to become effective July 1, 2020, are hereby
suspended:
a. Administrative Team Associates (ATA);
b. Fire Executive Management Association (FEMA);
c. International Association of Fire Fighters, Santa Monica Fire Fighters Local 1109
(1109);
d. International Brotherhood of Teamsters Local 911 (IBT);
DocuSign Envelope ID: A48ACB1B-5F41-4DD4-8F4C-0E1E7D2536D2DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
4
e. Management Team Associates (MTA);
f. Municipal Employees Association (MEA);
g. Public Attorney’s Union (PAU);
h. Police Officers Association (POA);
i. The International Association of Sheet Metal, Air, Rail and Transportation
Workers – Transportation Division, Local 1785 (SMART-TD); and
j. Supervisory Team Associates (STA).
No City official, representative, or agent thereof, shall engage in collective bargaining to
establish a successor memorandum of understanding with any foregoing specified labor
group unless and until specifically authorized by an Executive Order or resolution
adopted by the City Council.
2. Santa Monica City Charter sections 1100 and 1108, and Santa Monica Municipal Code
sections 2.04.060, 2.04.080, 2.04.140, and 2.04.250 pertaining to the administration of
competitive examinations for the purpose of establishing eligibility lists and making
appointments from such lists are hereby suspended.
3. The requirements set forth in the fourth paragraph of Santa Monica City Charter section
1107 pertaining to the basis for promotions and filling vacancies are hereby suspended.
4. Santa Monica Municipal Code section 2.04.150 is hereby amended to include
appointments not from an eligible list as being subject to a probationary period.
5. The requirement that temporary appointees meet the minimum qualifications for the
position in Santa Monica Municipal Code section 2.04.200 is hereby suspended.
6. The requirement that limited term appointments be made from an eligibility list in Santa
Monica Municipal Code section 2.04.210 is hereby suspended.
7. The requirement that a qualification examination be administered for as-needed
appointments and that the appointing authority hire from those applicants who pass the
qualification examination in Santa Monica Municipal Code section 2.04.270 is hereby
suspended.
//
//
DocuSign Envelope ID: A48ACB1B-5F41-4DD4-8F4C-0E1E7D2536D2DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
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8. This Order shall take effect immediately and shall remain in effect until April 30, 2020,
at 11:59 p.m, 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.
ADOPTED this 20th day of March 2020.
By: _________________________
RICK COLE
City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN LANE DILG
City Clerk City Attorney
DocuSign Envelope ID: A48ACB1B-5F41-4DD4-8F4C-0E1E7D2536D2DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
1
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 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”) 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 Executive 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 Executive Director of Emergency Services issued a
second supplemental emergency order temporarily closing the Santa Monica Pier to the general
public; and
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DocuSign Envelope ID: 9156EF0C-F6CE-42DA-AECF-47E5C6DFCE1BDocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
2
WHEREAS, on March 16, 2020, the Executive 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; 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 17, 2020, the Executive 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
WHEREAS, on March 18, 2020, the Executive 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 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 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
DocuSign Envelope ID: 9156EF0C-F6CE-42DA-AECF-47E5C6DFCE1BDocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
3
modifying the Municipal Code to state that certain additional appointments will be subject to a
probationary period; 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 all issued
public health recommendations to the community including but not limited to staying home if
sick, social distancing from non-family members, canceling or postponing events and gatherings,
and taking other precautions to protect public health and prevent transmission of this
communicable virus; and
WHEREAS the Los Angeles County of Public Health has confirmed 292 cases of
COVID-19 in Los Angeles County and has advised that bold and aggressive measures to put in
place to prevent the further spread of COVID-19; and
WHEREAS the California Department of Alcoholic Beverage Control (“ABC”) issued a
“Notice of Regulatory Relief” on March 19, 2020, that relaxed several restrictions related to the
sale of alcoholic beverages; and
WHEREAS, for restaurants that have licenses for on-site sales, whether Type 41 (wine
and beer only) or Type 47 (wine, beer and spirits), the Notice of Regulatory Relief specifically
allowed 1) “onsite retailers exercising offsite privileges,” which allows for sale of alcoholic
beverages in the manufacturer’s pre-packaged container; and 2) “sales of alcoholic beverages to
go,” which allows for sale of alcoholic beverages in sealed containers (which could include
mixed drinks) along with a food to go order; and
WHEREAS, for retailers, the Notice of Regulatory Relief relaxed regulations related to
deliveries, permitted sales from 6 am to 2 am notwithstanding shortened hours on a permit, and
allowed sales through pass-out windows; and
WHEREAS, the Notice of Regulatory Relief did exempt licensees from local ordinances,
zoning restrictions, conditional use permits, etc., but ABC articulated that it will not consider any
violation of such local controls to constitute a violation of a State license; and
WHEREAS, the ABC determined that increased social distancing requirements called for
relaxation of prior regulations as set forth in the Notice of Regulatory Relief and secondary
effects that previously were of concern would be significantly mitigated by those same social
distancing requirements; 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, Rick Cole, 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:
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4
IT IS HEREBY ORDERED THAT:
1. Off-site alcohol sales shall be permitted for Restaurants, Full-Service, as that term is
defined by Section 9.51.030(B)(8)(b) of the Santa Monica Municipal Code, and
Restaurants, and Limited-Service and Take-Out, as that term is defined by Section
9.51.030(B)(8)(c) of the Santa Monica Municipal Code that:
a. Have obtained and are operating under license to sell alcoholic beverages from the
California Department of Alcoholic Beverage Control (“ABC”);
b. Have obtained and are operating under a Conditional Use Permit or Alcohol
Exemption issued by the City of Santa Monica, or are operating as an existing alcohol
outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa
Monica Municipal Code; and
c. Conduct such sales in accordance with all conditions and requirements set forth in
ABC’s Notice of Regulatory Relief issued on March 19, 2020, including, but not
limited to, provisions related to On-Sale Retailers Exercising Off-Sale Privileges and
Sales of Alcoholic Beverages To Go.
2. Retail sales of alcohol shall be permitted in accordance with the conditions and
requirements set forth in ABC’s Notice of Regulatory Relief issued on March 19, 2020
for Convenience Markets, as that term is defined by Section 9.52.030(B)(10)(a) of the
Santa Monica Municipal Code, General Markets, as that term is defined by Section
9.51.030(B)(10)(c) of the Santa Monica Municipal Code, and Liquor Stores, as that term
is defined by Section 9.51.030(B)(10)(d) that:
a. Have obtained and are operating under a license to sell alcoholic beverages from
ABC; and
b. Have obtained and are operating under a Conditional Use Permit or Alcohol
Exemption issued by the City of Santa Monica, or are operating as an existing alcohol
outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa
Monica Municipal Code; and
c. Conduct such sales in accordance with all conditions and requirements set forth in
ABC’s Notice of Regulatory Relief issued on March 19, 2020, including, but not
limited to, Off-Sale Transactions Through Pass-Out Windows, Hours of Operations
for Retail Sales, and Deliveries to Consumers.
3. This Order shall take effect immediately and shall remain in effect until April 30, 2020,
at 11:59 p.m, 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.
ADOPTED this 21st day of March 2020.
By: _________________________
RICK COLE
City Manager
Director of Emergency Services
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5
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN LANE DILG
City Clerk City Attorney
DocuSign Envelope ID: 9156EF0C-F6CE-42DA-AECF-47E5C6DFCE1BDocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
1
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 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”) 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 Executive 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 Executive Director of Emergency Services issued a
second supplemental emergency order temporarily closing the Santa Monica Pier to the general
public; and
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DocuSign Envelope ID: 1D4D7339-7F58-4336-829E-D3813613BF85DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
2
WHEREAS, on March 16, 2020, the Executive 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; 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 17, 2020, the Executive 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
WHEREAS, on March 18, 2020, the Executive 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 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 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
DocuSign Envelope ID: 1D4D7339-7F58-4336-829E-D3813613BF85DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
3
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 the Centers for Disease Control and Prevention, the California Department
of Public Health, and the Los Angeles County Department of Public Health have all issued
public health recommendations to the community including but not limited to staying home if
sick, social distancing from non-family members, canceling or postponing events and gatherings,
and taking other precautions to protect public health and prevent transmission of this
communicable virus; 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 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 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 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 the Los Angeles County of Public Health has confirmed 351 cases of
COVID-19 in Los Angeles County and has advised that bold and aggressive measures to put in
place to prevent the further spread of COVID-19; 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.
DocuSign Envelope ID: 1D4D7339-7F58-4336-829E-D3813613BF85DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
4
NOW, THEREFORE, I, Rick Cole, 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:
1. All directives included in 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 in
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, 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.
2. Should the directives of the Governor's Stay at Home Order and the County
Department of Public Health's Safer at Home Order conflict, the stricter regulation
shall apply unless expressly acknowledged otherwise by both the Governor and the
County Department of Public Health.
3. All directives included in the Governor's Stay at Home Order and the County
Department of Public Health's Safer at Home Order shall hereby 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. The County Department of Public
Health’s Safer at Home Order shall also be enforceable by the Santa Monica Police
Department pursuant to Health and Safety Code Sections 120295 and 131082.
4. Sections 1 and 2 of the Revised First Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency
issued March 14, 2020 (“Revised First Supplement”) shall be enforceable as set forth
in Section 2.16.100 of the Santa Monica Municipal Code 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 this Order shall be as
follows: $1,000 per violation.
5. Section 3 of the Second Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency, issued March 15,
2020 (“Second Supplement”) shall be enforceable as set forth in Section 2.16.100 of
the Santa Monica Municipal Code 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 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.
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6. Sections 1 through 3 and 6 through 8 of the Third Supplement to the Executive Order
of the Director of Emergency Services Declaring the Existence of a Local Emergency
issued March 16, 2020 (“Third Supplement”) shall be enforceable as set forth in
Section 2.16.100 of the Santa Monica Municipal Code 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 this Order shall be as
follows: $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.
7. Section 1 of this Eighth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency issued March 22,
2020 (“Eighth Supplement”) shall be enforceable as set forth in Section 3 of this
Eighth Supplement 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 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.
8. In addition, 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 4, 5, 6, or 7 of this Eighth
Supplement after its due date.
9. For the duration of the local emergency declared on March 13, 2020, late payment
charges associated with administrative citations for violations of provisions of
Supplements or Revised Supplements to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency or of any other
section of the Santa Monica Municipal Code shall be waived. Following termination
of the local emergency, any unpaid administrative citations that remain unpaid shall,
after 30 days, be subject to regular late payment charges.
10. The provisions of the Revised First, Second, Third, and Eighth Supplements
referenced in sections 4, 5, 6, and 7 of this Eighth Supplement shall be enforceable as
misdemeanors or through the issuance of administrative citations by any City Officer
or employee granted authority to issue written notices to appear pursuant to Santa
Monica Municipal Code Section 3.36.090.
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11. This Order shall take effect immediately and shall remain in effect until April 30,
2020, at 11:59 p.m, 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.
ADOPTED this 22nd day of March 2020.
By: _________________________
RICK COLE
City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN LANE DILG
City Clerk City Attorney
DocuSign Envelope ID: 1D4D7339-7F58-4336-829E-D3813613BF85DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
1
NINTH 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 Healt h, 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, (“Executive 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
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
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2
(“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 Executive 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 Executive 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 Executive 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; 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 17, 2020, the Executive 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
WHEREAS, on March 18, 2020, the Executive 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
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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 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 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 the Centers for Disease Control and Prevention, the California Department
of Public Health, and the Los Angeles County Department of Public Health have all issued
public health recommendations to the community including but not limited to staying home if
sick, social distancing from non-family members, canceling or postponing events and gatherings,
and taking other precautions to protect public health and prevent transmission of this
communicable virus; 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
DocuSign Envelope ID: 5B444F85-73F2-48EB-AA07-C467905104CBDocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
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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 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 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, the California Public Records Act does not provide a deadline for producing
records in response to public records requests and, depending on the scope of the requests and
available public agency resources, permits agencies to produce records on a rolling basis to allow
agencies additional time to search for, review, and produce non-exempt records and avoid
disruption of essential government services; and
WHEREAS, as of March 26, 2020, the Los Angeles County of Public Health has
confirmed 1,216 cases of COVID-19 in Los Angeles County and has advised that bold and
aggressive measures are required to be put in place to prevent the further spread of COVID -19;
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, Rick Cole, 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:
City Facility Closures
1. All social gatherings (events, activities, programs, and gatherings) that were scheduled to
occur in City facilities by permit or license during the effective period of this Order shall
be cancelled. The Chief Financial Officer shall establish guidelines for processing
requests for refunds for cancelled gatherings.
2. Santa Monica City Hall shall be closed to the public during the effective period of this
Order. All other City public counters that provide non-essential services to the public
shall also remain closed to the public during the effective period of this Order.
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City Leases and Licenses
3. Late payment fees for City leases and licenses are waived during the effective period of
this Order.
4. Rent payments for City tenants on the Santa Monica Pier are suspended for the month of
April.
5. Outdoor dining licenses and outdoor dining license payments for City licensees are
suspended for the month of April.
6. The Director of the Department of Housing and Community Development or designee is
granted 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. The Director of the Department of Housing and Community
Development or designee is further directed to enter into negotiations with El Camino
SBDC and SMC Workforce Development Office regarding technical assistance that
could be provided to local businesses regarding accessing federal and state assistance.
Public Records Requests
7. During the existence of the City’s local emergency, the City may delay responses and
production of records in response to public record requests where such requests (a)
require a search for records by departments that are currently not staffed or have limited
staff, (b) require a search for records that are stored at closed City facilities and not
readily available in electronic form, or (c) require a search for records by City
departments or City officials that are focused on responding to the current emergency and
protecting the public health and safety of our community.
Extension of Santa Monica Fire Department Annual Permits of Operation
8. Santa Monica Fire Department annual permits of operation that are currently set to expire
on May 1, 2020, shall be automatically extended by one month and shall now expire on
June 1, 2020.
9. This Order shall take effect immediately and shall remain in effect until April 30, 2020,
at 11:59 p.m, 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.
ADOPTED this 27th day of March 2020.
By: _________________________
RICK COLE
City Manager
Director of Emergency Services
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ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN LANE DILG
City Clerk City Attorney
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TENTH 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, (“Executive 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
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
2
(“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 Executive 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 Executive 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 Executive 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; 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 17, 2020, the Executive 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
WHEREAS, on March 18, 2020, the Executive 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
DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
3
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 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 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 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, and 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
DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
4
WHEREAS the Centers for Disease Control and Prevention, the California Department
of Public Health, and the Los Angeles County Department of Public Health have all issued
public health recommendations to the community including but not limited to staying home if
sick, social distancing from non-family members, canceling or postponing events and gatherings,
and taking other precautions to protect public health and prevent transmission of this
communicable virus; 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 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 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 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, both the Governor’s Stay at Home Order and the County Department of
Public Health’s Safer at Home Order include as an essential business allowed to continue to
operate construction, operation, inspection and maintenance of construction sites and
construction projects (including housing construction); and
WHEREAS, the County Department of Public Health’s Safer at Home Order directs all
essential businesses to comply with all of the following: (a) enforce social distancing measures,
requiring that individuals maintain separation of at least six (6) feet to the extent feasible; (b)
provide access to hand washing facilities with soap and water or to hand sanitizer that contains at
least 60 percent alcohol; (c) post a sign in a conspicuous place at all public entries that instructs
members of the public to not enter if they are experiencing symptoms of respiratory illness,
including fever or cough; and (d) adhere to communicable disease control recommendations
provided by the Los Angeles County Department of Public Health, including guidance for
cleaning and disinfecting the site; and
WHEREAS, as of March 31, 2020, the Los Angeles County of Public Health has
confirmed 3,011 cases of COVID-19 in Los Angeles County and has advised that bold and
aggressive measures are required to be put in place to prevent the further spread of COVID-19;
and
DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100DocuSign Envelope ID: 12B6C128-EA7C-45B6-AF46-1A628CF2B671
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WHEREAS, to prevent the spread of COVID-19 among construction workers, household
members of construction workers, and members of the public at and in proximity to construction
sites and projects at which construction work remains ongoing, it is necessary to ensure that
construction workers at those construction sites and projects are provided with the means to
comply, and comply, to the maximum extent possible, with the County Department of Public
Health’s Safer at Home Order; 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, Rick Cole, 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:
1. All workers at construction projects and sites at which construction work is occurring
(including, but not limited to, public works construction, construction of commercial,
office, and institutional buildings, construction of housing projects, and housing
improvements) (hereafter, “construction project(s)”) shall: (a) install hand washing
facilities with soap and water or hand sanitizer that contains at least 60 percent alcohol at
each pedestrian entrance to the project site and ensure that the facilities remain
adequately stocked during all times of construction activity; (b) take all appropriate steps,
if the construction project is within a residential building in which individuals are
residing at the time of the project, to ensure that workers minimize their contact with
areas within the building but not within the actual construction project, including limiting
workers’ path of travel in an out of the project site, and, for all such areas with which
contact is unavoidable, regularly clean and sanitize those areas at least twice daily,
including following completion of work each day, and maintain a log of the cleaning
schedule to be made available upon request; (c) clean and sanitize any shared equipment
or tools at the beginning and end of each shift and maintain a log of the cleaning schedule
to be made available upon request; (d) post a sign in a conspicuous place at each
pedestrian entrance to the construction site instructing workers and other members of the
public (i) to maintain social distancing to the greatest extent feasible, (ii) not to enter the
site if there has been recent close contact with someone with laboratory confirmed
COVID-19, (iii) not to enter the site if experiencing signs of illness, including fever or
cough, (iv) to return home if the worker begins to experience any signs of illness,
including fever or cough, and (v) regarding the cleaning and sanitation requirements in
sections (b) and (c) above; and (e) not gather in groups of more than three while
gathering on site for lunch or other breaks and during such breaks to maintain a distance
of six feet from one another at all times.
2. The owner, manager, or operator of any business that, as its primary operation, is
engaged in a construction project shall ensure that its employees or independent
contractors (a) are provided with everything necessary to comply with Section 1 of this
Tenth Supplement and any regulations promulgated under Section 3 of this Tenth
Supplement; and (b) comply with Section 1 of this Tenth Supplement and any regulations
promulgated under Section 3 of this Tenth Supplement.
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3. The Building Officer or designee may promulgate regulations regarding compliance with
Sections 1 and 2 of this Tenth Supplement and, in relation to construction projects, any of
the other requirements imposed on the operations of essential business by the County
Department of Public Health’s Safer at Home Order, including any later amendments or
successors thereto. No person shall fail to comply with any such regulation.
4. The Building Officer or designee may issue a stop work order at a construction project
site at which workers are in violation of Section 1 of this Tenth Supplement or any
regulations promulgated under Section 3 of this Tenth Supplement by giving notice in
writing to persons engaged in the doing or causing such work to be done. No person shall
fail to comply with such a stop work order. Any appeal of a stop work order issued
pursuant to section shall comply with Santa Monica Municipal Code Section 8.08.040.
5. Sections 1 through 4 of this Tenth Supplement 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 this Tenth Supplement 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 this Tenth Supplement constitutes a separate violation and may be charged and
punished separately.
6. 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 5 of this Tenth Supplement after its due date.
7. This Order shall take effect immediately and shall remain in effect until April 30, 2020,
at 11:59 p.m, 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.
ADOPTED this 1st day of April 2020.
By: _________________________
RICK COLE
City Manager
Director of Emergency Services
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ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN LANE DILG
City Clerk City Attorney
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ELEVENTH 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, (“Executive 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
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
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(“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 Executive 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 Executive 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 Executive 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; 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 17, 2020, the Executive 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
WHEREAS, on March 18, 2020, the Executive 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
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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 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 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 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
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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 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, and 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, (d) 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; and (3) authorizing the Building Officer is 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
WHEREAS, on April 6, 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, 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 Executive 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 to expand eviction protections in place during the
period of the order by requiring landlords to provide tenants with notice of the eviction
moratorium; prohibiting all no-fault residential evictions; prohibiting landlords from evicting
residential tenants under certain circumstances, including for refusing entry except for specified
reasons or based on unauthorized occupants or pets; prohibiting landlords from using the
eviction process to seek rent delayed due to COVID-19 if the landlord has obtained
compensation for the unpaid rent through government aid; and increasing the maximum penalty
for violation of the City’s Tenant Harassment Ordinance to $15,000; 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 all issued
public health recommendations to the community including but not limited to staying home if
sick, social distancing from non-family members, canceling or postponing events and gatherings,
and taking other precautions to protect public health and prevent transmission of this
communicable virus; and
WHEREAS federal, state, and local health authorities have recommended that medical
workers and first responders wear, where available, hospital grade masks, such as surgical masks
or N95 respirators; and
WHEREAS, on April 5, 2020, the Los Angeles County Department of Public Health
issued guidance that members of the general public should use a non-medical grade cloth face
covering anytime they will be in contact with other people who are not household members in
public or private spaces; and
WHEREAS, as of April 8, 2020, the Los Angeles County of Public Health has confirmed
7,530 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive
measures are required to be put in place to prevent the further spread of COVID-19; 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, Rick Cole, 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:
1. As used in this Eleventh Supplement, the following terms are defined as follows:
a. “Covered business” means any of the following businesses:
i. Grocery stores, certified farmers’ markets, farm and produce stands,
supermarkets, food banks, convenience stores, warehouse stores, and other
establishments engaged in the retail sale of canned food, dry goods, fresh
fruit and vegetables, pet supply, water, fresh meats, fish, and poultry, and
any other household consumer products (such as cleaning or personal care
products), including stores that sell groceries and sell other non-grocery
products, and products necessary to maintaining the safety, sanitation, and
essential operation of residences;
ii. Organizations and businesses that provide food, shelter, and social
services, and other necessities of life for economically disadvantaged or
otherwise needy individuals (including gang prevention and intervention,
domestic violence, and homeless service agencies);
iii. Hardware stores, nurseries; building supply stores;
iv. Plumbers, electricians, exterminators, custodial/janitorial workers,
handyman services, funeral home workers and morticians, moving
services, HVAC installers, carpenters, vegetation services, tree
maintenance, landscapers, gardeners, property managers, private security
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personnel and other service providers who provide services to maintain the
safety, sanitation, and essential operation to properties and other Essential
Businesses, as that term is defined in County of Los Angeles’s Safer at
Home Order;
v. Laundromats, dry cleaners, laundry service providers;
vi. Restaurants and other food facilities that prepare and serve food;
vii. Businesses that ship, truck, provide logistical support or deliver groceries,
food, goods or services directly to residences, Essential Businesses,
Healthcare Operations, and Essential Infrastructure, as those terms are
defined in County of Los Angeles’s Safer at Home Order;
viii. Airlines, taxis, ride sharing services and other private transportation
providers providing transportation services necessary for activities of daily
living and other purposes expressly authorized by the County of Los
Angeles’s Safer at Home Order; and
ix. Hotels, motels, shared rental units and similar facilities.
b. “Face covering” means a scarf (dense fabric, without holes), bandana, neck
gaiter, or other mask or covering made of cloth or other fabric that covers a
person’s nose and mouth. Face covering does not mean a medical-grade mask or
respirator, such as an N95 respirator.
2. All individuals who work or provide services at a covered business must wear face
coverings while performing their work. All such workers must frequently (at least once a
day) wash any reusable face coverings, for the health and safety of themselves and others.
Single-use face coverings must be properly discarded into trash receptacles.
3. Owners or operators of a covered business (“operators”) who employ or contract with
individuals who work or perform services at the covered business (“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. All such operators must
implement social distancing measures for customers, visitors, and workers that provides a
six-foot buffer, to the maximum extent possible, between individuals.
4. All customers of and visitors to any covered business must wear face coverings to
provide additional protection for workers and other customers of and visitors to the
covered business.
5. An operator may refuse admission or service to any individual who fails to wear a face
covering as required by this Eleventh Supplement.
6. Covered businesses are encouraged but not required to install plexiglass to separate
cashiers and customers at all points of sale.
7. All residents of the City are encouraged but not required to wear face coverings whenever
they go outside their homes to obtain essential services and goods, as defined by the
Governor’s Stay at Home Order and the County Department of Public Health’s Safer at
Home Order.
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8. Any operator may sell face coverings and emergency supplies. All sellers of face
coverings and emergency supplies shall abide by all federal, state, and local price
gouging laws.
9. The Director of Emergency Services or designee may promulgate regulations to
implement the provisions of this Eleventh Supplement. No person shall fail to comply
with any such regulation.
10. Sections 2 through 4 and any regulations promulgated under Section 9 of this Eleventh
Supplement 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 Eleventh Supplement 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 Eleventh Supplement
constitutes a separate violation and may be charged and punished separately.
11. 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 10 of this Eleventh Supplement after its due date.
12. This Order shall take effect at 12:01 a.m. on April 10, 2020 and shall remain in effect
until April 30, 2020, at 11:59 p.m., 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.
ADOPTED this 8th day of April 2020.
By: _________________________
RICK COLE
City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN LANE DILG
City Clerk City Attorney
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TWELFTH 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, 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 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, (“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 the novel coronavirus (“COVID- 19”); and
Lane Dilg
Interim City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
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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 (“Revised Executive
Order”) restating the declaration of local emergency in order to ensure compliance with all
digital signature requirements; 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 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
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency (“Third Supplement to the Executive 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; 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 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”); 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
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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 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 a 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 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 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 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 (“Sixth Supplement to the Executive Order”) 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 (“Seventh Supplement to the Executive Order”) 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 (“Eighth Supplement to the Executive Order”) 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 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 (“Ninth Supplement to the Executive Order”) 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
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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 (“Tenth Supplement to the Executive Order”) (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, (d) 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; and
(3) authorizing the Building Officer is 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
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 (“Second Revised First Supplement to the
Executive Order”) 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
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 (“Eleventh Supplement to the Executive Order”) 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 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 30, 2020, and that the other aforementioned
Supplements shall be operative and in effect through May 15, 2020; 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
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 22, 2020, the Los Angeles County of Public Health has
confirmed 16,435 cases of COVID-19 in Los Angeles County and has advised that bold and
aggressive measures are required to be put in place to prevent the further spread of COVID-19;
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, and April 14, 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, measures taken to implement social distancing requirements, including the
closure of City Hall and other City facilities, have resulted in unavoidable delays in the City’s
processing of planning and permit related applications and in actions required to be taken under
planning entitlements and permits;
WHEREAS, under City Administrative Instruction Number III-2-6 (“City Code of
Ethics”), all City of Santa Monica employees are required to decline and not seek gifts, favors,
and other special treatment; and
WHEREAS, since the issuance of the Proclamation of Existence of a Local Emergency
by the Director of Emergency Services, various public agencies and private companies have
offered discounts, specials, and subsidies to assist first-responders and disaster workers as they
serve the community; and
WHEREAS, the City does not wish to deny City first-responders and disaster workers
who are working long hours under difficult conditions during the declared emergency the ability
to accept certain discounts, specials, and subsidies offered on a general basis by various public
agencies and private companies to first-responders and disaster workers during the declared
emergency; and
WHEREAS, on April 18, 2020, the City Council appointed Lane Dilg as the Interim City
Manager, pursuant to which appointment she assumed the position of Director of Emergency
Services; 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;
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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:
Tolling Periods
1. All deadlines for planning and permit-related actions established by any
provisions of laws, ordinances, regulations, resolutions, rules and statutes, including but not
limited to provisions contained in the Housing Accountability Act, Permit Streamlining Act,
California Environmental Quality Act, the Subdivision Map Act, and Articles VIII and IX of
the Santa Monica Municipal Code, are hereby tolled and extended commencing as of March
13, 2020 through the end of the period in which this Order remains effective. For purposes of
this order, “deadlines for planning and permit-related actions” shall include, but not be
limited to:
a. Deadlines to review, determine the completeness of, or take action on
applications for planning entitlements, permits, and approvals issued under
Article IX of the Santa Monica Municipal Code.
b. Deadlines to open or conclude a public hearing on, or to authorize an
automatic approval, denial or disapproval of, applications for planning
entitlements, permits, or approvals issued under Article IX of the Santa
Monica Municipal Code.
c. Deadlines to exercise and continuously pursue the rights granted under
planning entitlements, permits and approvals issued under Article IX of the
Santa Monica Municipal Code.
d. Deadlines for review and approval of applications for a building permit, plan
review and related approvals issued under Article VIII of the Santa Monica
Municipal Code.
e. Deadlines for expiration of issued building permits, plan reviews and related
approvals issued under Article VIII of the Santa Monica Municipal Code.
2. All deadlines for planning and permit-related actions shall be tolled and
suspended consistent with State law and any directives issued by the Governor.
3. Nothing in this Twelfth Supplement to the Executive Order prohibits the
applicable City Departments from continuing to process applications in a reasonable and
timely manner.
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Community Meeting Alternative for Submission of Administrative Approval
4. For projects eligible for an Administrative Approval under 9.39.020(A)(2) or
(3) of the Santa Monica Municipal Code, as amended by Emergency Interim Zoning
Ordinance Number 2633 (CCS) adopted on March 10, 2020 (“IZO 2633”), an applicant shall
conduct a community meeting in accordance with Section 9.39.040(A) of the Santa Monica
Municipal Code as amended by IZO 2633 subject to additional guidelines adopted by the
Director to allow for conduct of the meeting in accordance with all directives included in
Executive Order N-33-20, issued by the Governor of the State of California on March 19,
2020, and in Safer at Home Order for Control of COVID-19, issued by the Los Angeles
County Department of Public Health on March 21, 2020, including any later amendments or
successors thereto, as adopted by the Eighth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency adopted on
March 22, 2020.
Extended Stays at Hotels/Motels
5. Stays of longer than 30 days shall be permitted in lodging establishments
lawfully operating as a Hotel and Motel, as that term is defined in 9.51.030(B)(15)(b) of the
Santa Monica Municipal Code.
Discounts, Specials, and Subsidies for First Responders and Disaster Workers
6. During the term of the Executive Order, the Gift, Favors and Other Special
Treatment section of City Administrative Instruction Number 111-2-6 (Code of Ethics) shall
not apply to City first-responders and disaster workers participating in a City-approved
public or private discount, specials, and subsidies program. The Emergency Operations
Center shall make a list of approved programs available to City first responders and disaster
workers. City first responders and disaster workers must still abide by Political Reform Act
gift limits and disclosure requirements.
7. This Order shall take effect at 12:01 a.m. on April 25, 2020 shall remain in
effect until May 15, 2020, at 11:59 p.m. 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.
ADOPTED this 24th day of April 2020.
By: _________________________
LANE DILG
Interim City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
____________________________ ________________________
DENISE ANDERSON-WARREN GEORGE S. CARDONA
City Clerk Acting City Attorney
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THIRTEENTH 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
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
Lane Dilg
Interim City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
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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; 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 Governor of California Governor 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
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
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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, 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 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
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
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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 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 California Governor 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 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 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 Department of Public Health’s Safer at Home Order; and
WHEREAS, on April 6, 2020, the Judicial Council 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
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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
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 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, as of May 6, 2020, the Los Angeles County of Public Health has confirmed
28,644 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive
measures are required to be put in place to prevent the further spread of COVID-19; and
WHEREAS, the City’s Housing Trust Fund Guidelines and Affordable Housing
Production Program contemplate that the City’s affordable housing applicants will be selected
from the City’s waiting list; and
WHEREAS, the City’s Housing Trust Fund Guidelines and Affordable Housing
Production Program currently provide a preference for applicants who are either residents of
Santa Monica and/or who work at least thirty-six (36) hours per week within the City of Santa
Monica; and
WHEREAS, the COVID-19 sheltering orders have adversely impacted part-time workers
by causing a reduction in work hours per week within the City of Santa Monica, and thus
reduced eligibility for those applicants who would otherwise qualify for a preference on the
City’s waiting list for affordable housing units in the absence of COVID-19 impacts; and
WHEREAS, a reduction in the work hour requirement from thirty-six (36) to twenty-five
(25) work hours per week within the City of Santa Monica would allow those applicants with
reduced work hours to qualify for a preference on the City’s waiting list during the period that
the COVID-19 shelter-in-place orders remain in effect; and
WHEREAS, applicants who were employed within the City of Santa Monica at least
twenty-five (25) hours per week as of March 1, 2020 and subsequently experienced reduced
work hours or loss of employment due to COVID-19 would be eligible for the preference; and
WHEREAS, on April 22, 2020, the Governor of California issued Executive Order N-54-
20, suspending Public Resources Code section 42283 for a period of 60 days to the extent that it
prohibits retail establishments from (a) providing without charge reusable grocery bags or
recycled paper bags to customers at point of sale or (b) where it is not possible to provide
reusable grocery bags or recycled paper bags, providing single-use carryout bags to customers at
point of sale; and
WHEREAS, limiting certain loud construction activities to a 5-hour period during the
weekdays will facilitate people being able to remain in their homes or places of residences that
are near or abut construction projects while the Governor’s Stay at Home Order and the County
Department of Public Health’s Safer at Home Order are in place; 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:
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IT IS HEREBY ORDERED THAT:
HTF and AHPP Guidelines
1. The guideline at the top of page 13 of the City’s Housing Trust Fund Guidelines shall be
implemented with the following changes:
(2) Second priority shall be given to persons who are either:
(a) Residents of Santa Monica, or
(b) Working in Santa Monica at least 25 hours per week (or did prior to
March 1, 2020, but lost employment due to COVID-19-related
reasons), or
(c) Participate in an approved job training program in Santa Monica, or
(d) Have last worked at least 25 hours per week in Santa Monica and are
now receiving unemployment, worker’s compensation, vocational
rehabilitation benefits, disability benefits, or retirement benefits from
the City of Santa Monica.
2. The guideline at the top of page 18 of the City’s Affordable Housing Production Program
Guidelines shall be implemented with the following changes:
2) Second Priority
Persons who are:
(a) Residents of Santa Monica, or
(b) Working in Santa Monica at least 25 hours per week (or did prior to
March 1, 2020, but lost employment due to COVID-19-related
reasons), or
(c) Participate in an approved job training program in Santa Monica, or
(d) Have last worked at least 25 hours per week in Santa Monica and are
now receiving unemployment, worker’s compensation, vocational
rehabilitation benefits, disability benefits, or retirement benefits from
the City of Santa Monica.
Point of Sale Paper and Plastic Bags
3. To the extent they prohibit retail establishments from (a) providing without charge
reusable grocery bags or recycled paper bags to customers at point of sale or (b) where it is not
possible to provide reusable grocery bags or recycled paper bags, providing single-use plastic
carryout bags to customers at point of sale, Santa Monica Municipal Code sections 5.45.020 and
5.45.030 are suspended through the period in which this Order remains in effect, after which
time the suspensions of Sections 5.45.020 and 5.45.030 shall automatically expire with no
further notice or action.
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Further Extension of Santa Monica Fire Department Annual Permits of Operation
4. Santa Monica Fire Department annual permits of operation the expiration of which was
extended by one month to June 1 by Section 8 of the Ninth Supplement to the Executive Order of
the Director of Emergency Services Declaring the Existence of a Local Emergency are hereby
extended by one additional month and shall now expire on July 1, 2020.
Loud Construction Activities
5. As used in this Thirteenth Supplement, the following terms are defined as follows:
a. “Construction project” means a site or project where construction work is
occurring, including construction of commercial, office, and institutional buildings, construction
of housing, and housing improvements. For the purposes of this Thirteenth Supplement,
construction project does not include public works construction.
b. “Loud construction activities” means cement cutting or grinding, sandblasting, or
activities involving the use of pile drivers, jackhammers, or pavement breakers, or similar
equipment.
6. Notwithstanding anything to the contrary in Santa Monica Municipal Code § 4.12.110,
loud construction activities may only take place at construction projects between the hours of 10
a.m. and 3 p.m. Monday through Friday.
7. A permit may be issued authorizing loud construction activities during the times
prohibited by Section 6 of this Thirteenth Supplement whenever it is found to be in the public
interest. The application for and approval of any such permit shall be governed by Santa Monica
Municipal Code § 4.12.110(e).
8. The Building Officer may promulgate regulations to implement Sections 5 through 7 of
this Thirteenth Supplement, including, but not limited to, expanding the definition of loud
construction activities. No person shall fail to comply with any such regulation.
9. Sections 5 through 7 and any regulations promulgated under Section 8 of this Thirteenth
Supplement 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 Thirteenth Supplement 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 Thirteenth Supplement constitutes a
separate violation and may be charged and punished separately.
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10. 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 9 of this Thirteenth Supplement after its due date.
General Provisions
11. This Order shall take effect immediately and (i) Section 3 of this Order shall remain in
effect until May 15, 2020, 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, and (ii)
Sections 1, 2, and 5 through 10 of this Order shall remain in effect while the County Department
of Public Health’s Safer at Home Order, including any later amendments or successors thereto, is
in place, 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.
12. 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 Executive Order, and any Supplement
or Revised Supplement to this 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.
ADOPTED this 8th day of May 2020.
By: _________________________
LANE DILG
Interim City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
___________________________ ______________________
DENISE ANDERSON-WARREN GEORGE S. CARDONA
City Clerk Interim City Attorney
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FOURTEENTH 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
Lane Dilg
Interim City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
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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; 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 Governor of California Governor 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 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, 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 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
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
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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 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 California Governor 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 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
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
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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 imposing requirements specific to construction sites and
projects to ensure their compliance with the social distancing and hygiene directives imposed by
the County Department of Public Health’s Safer at Home Order; and
WHEREAS, on April 6, 2020, the Judicial Council 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
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
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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
WHEREAS, on May 7, 2020, the 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
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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 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
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
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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, May 3, and May 9, 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; and 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
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, as of May 13, 2020, the Los Angeles County Department of Public Health
has confirmed 34,428 cases of COVID-19 in Los Angeles County and has continued to advise
that bold and aggressive measures are required to be put in place 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
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:
1. The Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh,
Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements to the Executive Order of
the Director of Emergency Services Declaring the Existence of a Local Emergency shall be
operative and remain in effect until June 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.
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2. All persons leaving their residences for the limited purposes allowed by the County
Department of Public Health’s Safer at Home Order, including any later amendments or
successors thereto, must strictly comply with the social (physical) distancing requirements stated
in that Order or specified in guidance or protocols established by the County of Los Angeles
Department of Public Health; this includes the requirement that all persons must wear a cloth
face covering whenever there is or can be contact with other who are non-household members in
both public and private places, and specifically includes the requirement that all persons
engaging in permitted outdoor activities, except for water activities, must wear a cloth face
covering. Children under the age of two and individuals who have trouble breathing, are unable
to remove a cloth face covering without assistance, or have a disability that prevents the use of a
cloth face covering are exempted from the cloth face covering requirement but must comply with
all other social (physical) distancing requirements set forth in the County Department of Public
Health Safer at Home Order.
3. This Order shall take effect immediately and shall remain in effect until June 30, 2020,
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.
4. 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 Executive Order, and any Supplement
or Revised Supplement to this 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.
ADOPTED this 14th day of May 2020.
By: _________________________
LANE DILG
Interim City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
___________________________ ______________________
DENISE ANDERSON-WARREN GEORGE S. CARDONA
City Clerk Interim City Attorney
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FIFTEENTH 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
Lane Dilg
Interim City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
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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; 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 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
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
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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 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 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
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
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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 imposing requirements specific to construction sites and
projects to ensure their compliance with the social distancing and hygiene directives imposed by
the County Department of Public Health’s 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
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
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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 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 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, May 3, and May 9, 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 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
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 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
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WHEREAS, as of May 15, 2020, the Los Angeles County Department of Public Health
has confirmed 35,329 cases of COVID-19 in Los Angeles County and has continued to advise
that bold and aggressive measures are required to be put in place to prevent the further spread of
COVID-19; and
WHEREAS, the May 13, 2020 reopening of the beaches for limited recreational activities
is anticipated to result in an increase in traffic in and around the beaches, putting increased
pressure on the availability of daytime parking for local residents who are required to remain in
their residences for the majority of the time by stay at home orders; 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:
1. Section 8 of the Revised Fourth Supplement issued March 17, 2020 pertaining to
preferential parking rules is superseded and replaced by this Order. With respect to preferential
parking:
a. effective as of 12:01 a.m. on May 22, 2020, preferential parking rules in all blocks
within Zone 3 will be enforced; and
b. preferential parking rules in all zones other than Zone 3 remain suspended.
2. Section 7 of the Revised Fourth Supplement issued March 17, 2020 pertaining to street
sweeping is superseded and replaced by this Order. Street sweeping may resume. Individuals
are encouraged to comply with signs prohibiting parking to permit street sweeping during the
days and times posted, but only during the first full week of each month. Parking citations
associated with street sweeping remain suspended.
3. This Order shall take effect immediately and shall remain in effect until June 30, 2020,
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.
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4. 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 Executive Order, and any Supplement
or Revised Supplement to this 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.
ADOPTED this 15th day of May 2020.
By: _________________________
LANE DILG
Interim City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN GEORGE S. CARDONA
City Clerk Interim City Attorney
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SIXTEENTH 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
Lane Dilg
Interim City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
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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; 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 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 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 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 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 imposing requirements specific to construction sites and
projects to ensure their compliance with the social distancing and hygiene directives imposed by
the County Department of Public Health’s 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 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 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, May 3, and May 9, 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, 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
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 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
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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, as of May 18, 2020, the Los Angeles County Department of Public Health
has confirmed 38,451 cases of COVID-19 in Los Angeles County and has continued to advise
that bold and aggressive measures are required to be put in place to prevent the further spread of
COVID-19; and
WHEREAS, the City has a number of Boards, Commissions, and other appointed bodies,
many of which serve a primarily or wholly advisory function, and all of which are required to
conduct public meetings in accordance with the Brown Act; and
WHEREAS, meetings of the majority of the Boards, Commissions, and other appointed
bodies have been suspended during the COVID-19 public health emergency pursuant to a
directive from the City Manager for purposes of complying with social distancing requirements
and due to the amount of staff time necessary to conduct public meetings either in person or via
teleconference; and
WHEREAS, to reduce the spread of the virus and protect the public health, the
Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home
Order prohibit restaurants from offering dine-in service and limits restaurants to delivery and
takeout offerings only; and
WHEREAS, during the COVID-19 emergency, it is critical that restaurants stay open
because they are performing essential services, along with grocery stores and other food services,
to provide the public with access to food; and
WHEREAS, the social/physical distancing measures required to reduce the spread of
COVID-19 means that delivery and takeout offerings from restaurants are critical to the public’s
accessibility of food; and
WHEREAS, many consumers in the City are eager to support local restaurants and use
third-party food delivery services to place orders with those restaurants and, as a result, these
third-party food delivery services have experienced an uptick in the use of their services during
the COVID-19 emergency; and
WHEREAS, third-party food delivery services utilize various commission models that
can charge a restaurant as high as 30% or more per order, including delivery, marketing and
promotion, subscription, and processing fees; and
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WHEREAS, restaurants, and particularly small family-owned restaurants with few
locations, have limited bargaining power to negotiate lower commission fees with third-party
food delivery services, especially given that only a few companies in the marketplace provide
such delivery services, and face dire financial circumstances during this COVID-19 emergency
because take-out and delivery are the only options to keep these essential services in operation;
and
WHEREAS, capping the maximum fees that third-party food delivery services are
permitted to charge restaurants to no more than 15% of the purchase price per order for delivery
fees and to no more than 5% of the purchase price per order for all other fees will further the
significant and legitimate public purpose of easing the financial burden on struggling restaurants
during this public health emergency so that they may remain open and provide essential services
to the public while not unduly burdening third-party food delivery services, as up to a 20% fee in
aggregate of the purchase price for each order placed through a third-party food delivery service
is reasonable and third-party food delivery services are experiencing increased demand for their
services during this COVID-19 emergency; 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:
Boards, Commissions, and Other Appointed Bodies
1. While this Order remains in effect, the Planning Commission, which is established by the
City Charter, may resume meetings but should limit its meetings to those absolutely necessary to
perform the legislative, quasi-legislative, adjudicative, and quasi-adjudicative duties set forth in
City Charter Section 1008(a)-(d).
2. While this Order remains in effect, the following City Boards and Commissions
established by the City Charter may resume meetings but should limit their meetings to those
absolutely necessary to perform the adjudicative and quasi-adjudicative duties set forth in the
following sections of the City Charter:
a. Airport Commission: Section 1016(b).
b. Library Board: Section 1010(a), (b).
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c. Personnel Board: Section 1012(a)-(c).
d. Recreation & Parks Commission: Section 1014(b).
3. While this Order remains in effect, the following City Boards and Commissions shall not
conduct meetings except as absolutely necessary to perform the adjudicative and quasi-
adjudicative duties set forth in the following sections of the Santa Monica Municipal Code
(“SMMC”):
a. Architectural Review Board: SMMC Section 9.55.120(A)-(D)
b. Arts Commission: SMMC Sections 2.64.040(g), 9.30.170.
c. Building & Fire-Life Safety Commission: SMMC Section 8.08.040(c).
d. Landmarks Commission: SMMC Sections 9.56.060(A)-(H) and 9.56.070.
4. While this Order remains in effect, meetings of the following City Boards, Commissions,
and other appointed bodies shall remain suspended: Audit Subcommittee, Clean Beaches &
Ocean Parcel Tax Citizens Oversight Committee, Commission for the Senior Community,
Commission on the Status of Women, Disabilities Commission, Housing Commission, Social
Services Commission, Task Force on the Environment, and Urban Forest Task Force.
5. While this Order remains in effect, meetings of the following Boards of City-related non-
profits may continue to be conducted: Santa Monica Travel and Tourism, Inc.; Santa Monica
Pier Corporation; and Downtown Santa Monica, Inc.
6. All meetings of City Boards, Commissions, and appointed bodies conducted while this
Order remains in effect shall be conducted remotely via teleconferencing until such time as the
City expressly authorizes such meetings to be conducted in person, after which time any
meetings conducted in person shall be conducted in compliance with all social distancing
requirements imposed by the stricter of the Governor’s Stay at Home Order and the County
Department of Public Health’s Safer at Home Order, including any later amendments or
successors thereto.
7. This Order does not affect in any way the meetings of the Rent Control Board, an elected
City Board.
Third-Party Food Delivery Service Charges
8. As used in this Order, the following terms are defined as follows:
a. “Delivery fee” means a fee charged by a third-party food delivery service for
providing a restaurant with a service that delivers food from such restaurants to
customers in the City. The term does not include any other fee that may be charged
by a third-party food delivery service to a restaurant, such as fees for listing or
advertising the restaurant on the third-party food delivery service platform or fees
related to processing the online order.
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b. “Online order” means any order placed by a customer through or with the
assistance of a platform provided by a third-party food delivery service, including a
telephone order, for delivery or pickup within the City.
c. “Purchase price” means the total price of the items contained in an online order that
are listed on the menu of the restaurant where such order is placed. Such term does
not include taxes, gratuities, and any other fees that may make up the total cost to
the customer of an online order.
d. “Restaurant” means an Eating and Drinking Establishment, as that term is defined
by Santa Monica Municipal Code Section 9.51.030(B)(8), in the City.
e. “Third-party food delivery service” means any website, mobile application, or other
internet service that offers or arranges for the sale of food and beverages prepared
by, and the same- or next-day delivery or same- or next-day day pickup of food and
beverages from, no fewer than five restaurants located in the City that are owned
and operated by different persons.
9. It shall be unlawful for a third-party food delivery service to charge a restaurant (a) a
delivery fee that totals more than 15% of the purchase price of each online order or (b) any fee or
fees other than a delivery fee for the use of its service greater than 5% of the purchase price of
each online order.
10. The Director of Emergency Services or designee may promulgate regulations to
implement the provisions of Sections 8 and 9 of this Order. No person shall fail to comply with
any such regulation.
11. Sections 8 and 9 of this Order and any regulations promulgated under Section 10 of this
Order shall be enforceable as follows:
a. By a restaurant injured by a third-party delivery service that charges fees in
violation of this Order, provided that the restaurant issues notice to the third-party
delivery service as required by this Subsection 11(a). If a third-party delivery
service charges a restaurant a fee that violates Section 9 of this Order or any
regulations promulgated under Section 10 of this Order, the restaurant shall provide
written notice to the third-party food delivery service requesting a refund within
seven days. If the third-party food delivery service does not provide the refund
requested after seven days or the third-party food delivery service continues to
charge fees in violation of this Order after the initial notice and seven-day cure
period, a restaurant may enforce this Order by means of a civil action seeking
damages and injunctive relief. The prevailing party in any such action shall be
entitled to an award of reasonable attorney fees. For the purposes of clarity, the
requirement of providing notice under this Subsection 11(a) does not apply to any
enforcement action taken pursuant to Section 11(b) of this Order.
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b. 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 Sections 8 and 9, or
any regulations issued under Section 10, of this Order shall not exceed a maximum
of $1,000 per violation. Each day or portion of a day that any person violates or
continues to violate any provision of Sections 8 and 9, or any regulations issued
under Section 10, of this Order constitutes a separate violation and may be charged
and punished separately. 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 this Section after its due date.
12. The City Attorney may initiate an investigation to ascertain facts as may be necessary to
bring an enforcement action pursuant to Section 11(b) of this Order and, in connection therewith,
shall have the investigatory powers as provided in Santa Monica Municipal Code Section
2.32.040.
General Provisions
13. Sections 8 through 12 of this Order shall take effect at 12:01 a.m. on May 26, 2020, and
shall remain in effect while the County Department of Public Health’s Safer at Home Order,
including any later amendments or successors thereto, is in place, 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.
14. Sections 1 through 7 of this Order shall take effect immediately and shall remain in effect
until June 30, 2020, 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.
15. 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 Executive Order, and any Supplement
or Revised Supplement to this 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.
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ADOPTED this 19th day of May 2020.
By: _________________________
LANE DILG
Interim City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
___________________________ ______________________
DENISE ANDERSON-WARREN GEORGE S. CARDONA
City Clerk Interim City Attorney
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Adopted and approved this 26th day of May 2020.
__________________________
Kevin McKeown, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11251 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 26th day of May 2020, by the following
vote:
AYES: Councilmembers Himmelrich, Davis, Jara, Winterer
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: Councilmember Morena
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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