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City Council Meeting: June 23, 2020 Santa Monica, California
RESOLUTION NUMBER 11260 (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 SIXTH SUPPLEMENT TO THE
PROCLAMATION OF A LOCAL EMERGENCY AND TERMINATING THE
PROCLAMATION OF A LOCAL EMERGENCY
WHEREAS, Government Code Section 8630(a) and Section 2.16.060 of the
Santa Monica Municipal Code empower the Director of Emergency Services to proclaim
the existence or threatened existence of a local emergency, as defined by Government
Code Section 8558(c), when the City of Santa Monica is affected or likely to be affected
by conditions of extreme peril to the safety of persons and property within the City and
the City Council is not in session, subject to ratification by the City Council within seven
days; and
WHEREAS, on May 30, 2020, the Interim City Manager, in her role as the
Director of Emergency Services, found that an extreme threat to public health and
safety existed in the City of Santa Monica due to the violence surrounding the protests
concerning the tragic death in Minnesota of George Floyd, as demonstrated by the
violence that had occurred in connection with protests in the neighboring City of Los
Angeles, and issued an Executive Order Declaring the Existence of a Local Emergency
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pursuant to Chapter 2.16 of the Santa Monica Municipal Code (“Executive Order”)
(Exhibit A); 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, including orders or regulations imposing a curfew within designated
boundaries where necessary to preserve the public order and safety; and
WHEREAS, on May 30, 2020, the Cities of Los Angeles, Beverly Hills, Culver
City, and West Hollywood determined that in response to the violence surrounding the
protests, and the threats posed to the public, and public and private property, by such
violence, it was necessary to impose, and they imposed, curfews restricting the use of
public streets, avenues, alleys, parks, and other public place, as well as unimproved
private real property between the hours of 8:00 pm and 5:30 am; and
WHEREAS, on May 30, 2020, the Director of Emergency Services issued a First
Supplement to the Executive Order imposing a curfew in the City of Santa Monica from
8:00 pm on May 30, 2020 through 5:30 am on May 31, 2020; and
WHEREAS, in the afternoon and evening of May 30, 2020, protests in Los
Angeles and Beverly Hills were accompanied by looting and violence; and
WHEREAS, on May 31, 2020, the Director of Emergency Services issued a
Second Supplement to the Executive Order imposing a curfew in the City of Santa
Monica from 4:00 pm on May 31, 2020 through 5:30 am on June 1, 2020; and
WHEREAS, a peaceful protest was conducted in Santa Monica on the afternoon
of May 31, but while the peaceful protest was ongoing there occurred extensive looting
in stores located in Santa Monica, with windows and doors broken in large numbers of
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stores in the downtown business district, nine fires set in buildings and vehicles in and
around the downtown business district, police assistance from neighboring jurisdictions
needed to assist in addressing the violence and looting, and the National Guard arriving
to provide additional assistance; and
WHEREAS, more protests were scheduled for June 1 in Santa Monica and the
communities surrounding Santa Monica, the threat of violence surrounding the protests
that justified the imposition of a curfew on May 30 and 31 remained in place, the County
of Los Angeles imposed a curfew from 6:00 pm to 6:00 am indefinitely, and the City of
Beverly Hills imposed a citywide curfew starting at 1:00 pm on June 1 in anticipation of
expected protests there; and
WHEREAS, on June 1, 2020, the Director of Emergency Services issued a Third
Supplement to the Executive Order imposing a curfew in the City of Santa Monica from
1:30 pm on June 1, 2020 through 5:30 am on June 2, 2020; and
WHEREAS, on June 1, 2020, despite enhanced police presence and patrols,
violence and looting occurred in Van Nuys and Hollywood; and
WHEREAS, the threat of violence surrounding the protests that justified the
imposition of a curfew on May 30 and 31 and June 1 remained in place, the County of
Los Angeles’s curfew from 6:00 pm to 6:00 am remained in place, and the City of
Beverly Hills again imposed a citywide curfew starting at 1:00 pm; and
WHEREAS, on June 2,2020, the Director of Emergency Services issued a Fourth
Supplement to the Executive Order imposing a curfew in the City of Santa Monica from
2:30 pm on June 2, 2020 through 5:30 am on June 3, 2020; and
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WHEREAS, on June 3, 2020, Los Angeles County modified its countywide
curfew to run from 9:00 pm to 5:00 am; and
WHEREAS, on June 3, 2020, both Beverly Hills and Culver City maintained
curfews set to begin at times earlier than 9:00 pm, with Beverly Hills imposing a 1:00 pm
curfew start time for its business district and a 4:00 pm curfew start time citywide and
Culver City imposing a 6:00 pm curfew start time citywide; and
WHEREAS, in light of planned peaceful protests in areas within the City of Los
Angeles near Santa Monica and intelligence indicating that there remained a threat of
violence and looting surrounding these protests, on June 3, 2020, the Director of
Emergency Services issued a Fifth Supplement to the Executive Order imposing a
curfew in the City of Santa Monica from 6:00 pm on June 3, 2020 through 5:00 am on
June 4, 2020; and
WHEREAS, on June 4, 2020, to expedite repairs of the damage suffered by a
number of Santa Monica businesses in the looting on May 31, the Director of
emergency Services issued a Sixth Supplement to the Executive Order (“Sixth
Supplement”) (Exhibit B) that, for permits relating to the repairs of that damage: waives
permit and plan review fees for applications for permits for repairs so long as the
applications are submitted within 60 days from the effective date of the supplement;
waives otherwise required approvals from the Architectural Review Board or the
Landmarks Commission for specified types of repairs; and specifies certain
requirements for repair permit applications and authorizes the Planning Director or
designee to implement other requirements and regulations for applications for and
approvals of repair permits; and
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WHEREAS, since June 4, 2020, there have been additional protests within Santa
Monica, but they have been peaceful and unaccompanied by any violence or looting;
and
WHEREAS, the findings included in the Executive Order and each Supplement
to the Executive Order referenced herein are included herein as if stated in full; and
WHEREAS, by their terms, all of the First through Fifth Supplements have
expired and are no longer in force and so do not require confirmation by the City
Council; and
WHEREAS, by its terms, the Sixth Supplement is to remain effective through
August 3, 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The Sixth Supplement (“Exhibit B”) is hereby ratified.
SECTION 2. In accordance with Government Code Section 8630(d), the
circumstances justifying the declaration of local emergency being no longer in place, the
City Council hereby proclaims and declares the termination of the local emergency that
was proclaimed by the May 30, 2020 Executive Order.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Resolution or the Sixth Supplement 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 or the Sixth Supplement.
The City Council hereby declares that it would have passed this Resolution and the Sixth
Supplement and each and every section, subsection, sentence, clause, or phrase not
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declared invalid or unconstitutional without regard to whether any portion of this Resolution
or the Sixth Supplement would be subsequently declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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, Government Code Section 8630(a) and Section 2.16.060 of the Santa
Monica Municipal Code empower the Director of Emergency Services to proclaim the existence
or threatened existence of a local emergency, as defined by Government Code Section 8558(c)
when the City of Santa Monica is affected or likely to be affected by conditions of extreme peril
to the safety of persons and property within the City and the City Council is not in session,
subject to ratification by the City Council within seven days; and
WHEREAS, following consultation with the Chief of Police, the Director of
Emergency Services of the City of Santa Monica does hereby find that an extreme threat
to public health and safety now exists in the City of Santa Monica due to the violence that
has occurred in the neighboring City of Los Angeles in connection with protests of the
tragic death in Minnesota of George Floyd; and
WHEREAS, 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, and that this proclamation of local emergency shall be in effect and
carry the force of law until June 6, 2020, on which date it shall expire unless confirmed and
ratified by the City Council;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of the
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 30th 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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SIXTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, on May 30, 2020, the City Manager, in her 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 response to the violence surrounding the protests
concerning the tragic death in Minnesota of George Floyd, as demonstrated by the violence that
has occurred in connection with protests in the neighboring City of Los Angeles; and
WHEREAS, a peaceful protest was conducted in Santa Monica on the afternoon of May
31, but while the peaceful protest was ongoing there occurred extensive looting in stores located
in Santa Monica, with windows and doors broken in large numbers of stores in the downtown
business district, nine fires set in buildings and vehicles in and around the downtown business
district, as well as damage to businesses outside of the downtown business district; and
WHEREAS, businesses seeking to repair the damages caused by the civil unrest may,
depending upon the nature of the repair and the building impacted, need to apply for building
permits, pay the associated permit fees, and obtain approval from either the Architectural Review
Board or the Landmarks Commission; and
WHEREAS, it is in the public interest for any repairs to buildings that were damaged as a
result of the civil unrest be made expeditiously and to minimize the costs and burdens on
businesses, many of which have suffered economically as a result of the COVID-19 pandemic, in
applying for and obtaining a building permit to repair such damages; 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 order and safety, as affected by the emergency
caused by the violence surrounding the protests concerning the tragic death in Minnesota of
George Floyd, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa
Monica Municipal Code to issue this order.
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:
1. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and
phrases used in this Order. In addition, “Civil Unrest Repair Permit” means a permit relating to
the repair of damages caused to buildings resulting from civil unrest following the May 30, 2020
declaration of local emergency. For the sake of clarity, a Civil Unrest Repair Permit is required
only to the extent the underlying repairs would otherwise require a permit under the Santa
Monica Municipal Code.
2. Notwithstanding anything to the contrary in Article VIII or Article IX of the Santa
Monica Municipal Code and any fee schedule resolutions promulgated pursuant to those Articles
or the authority set forth in Santa Monica Municipal Code Section 2.27.010, the permit and plan
review fees for the submission of an application for a Civil Unrest Repair Permit are hereby
waived. The City, however, reserves the right to charge fees associated with any extension or
renewal of a Civil Unrest Repair Permit.
3. To be eligible for the fee waiver set forth in Section 2 of this Order, a complete
application for a Civil Unrest Repair Permit must be submitted to the City no later than 60 days
after the effective date of this Order.
4. Notwithstanding anything to the contrary in Santa Monica Municipal Code Chapters 9.55
or 9.56, approval of an application for a Civil Unrest Repair Permit by the Architectural Review
Board or the Landmarks Commission is not required, provided the repair work as described in
the application for a Civil Unrest Repair Permit involves one or more of the following:
a. Replacement of existing materials with like materials, provided that (i) the new
materials are of a comparable quality, texture, and craftsmanship and (ii) the
building is not a City-Designated Historic Resource;
b. Alterations to the design or materials of a façade of an existing building, provided
that the building (i) is not located in the Main Street Neighborhood Commercial
District or the BC (Promenade) District with frontage along the Third Street
Promenade and (ii) is not a City-Designated Historic Resource;
c. Alterations to the materials of a façade of an existing building that is located in the
Main Street Neighborhood Commercial District or the BC (Promenade) District
with frontage along the Third Street Promenade, provided that (i) the alterations are
consistent with the building’s existing design and (ii) the building is not a City-
Designated Historic Resource; or
d. For a City-Designated Historic Resource, replacement of awnings, windows, doors,
roofing materials and details that do not change the design, including the pitch,
shape, or roof style, and exterior materials, provided that such replacement does not
detrimentally affect any character-defining feature of the City-Designated Historic
Resource.
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5. Any application for a Civil Unrest Repair Permit shall include a declaration submitted
under the penalty of perjury certifying that (a) the repair work that is the subject of the
application for a Civil Unrest Repair Permit is required as a result of the civil unrest following
the May 30, 2020 declaration of local emergency; (b) if applicable, the repair work qualifies for
an exception from Architectural Review Board or the Landmarks Commission approval, as set
forth in Section 4 of this Order; and (c) the information in the application, including any
associated project plans, is true and correct.
6. The Planning Director or designee shall prescribe the form of the application for a Civil
Unrest Repair Permit. The Planning Director or designee may require an applicant for a Civil
Unrest Repair Permit to submit such information and supporting data, including additional
certifications, as the Planning Director or designee considers necessary to process the
application.
7. For an application for a Civil Unrest Repair Permit regarding repair work (i) for which
the Santa Monica Municipal Code does not require approval of the Architectural Review Board
or the Landmarks Commission or (ii) that qualifies under Section 4(a) of this Order, the Planning
Director or Designee shall issue a Civil Unrest Repair Permit in response to an application for a
Civil Unrest Repair Permit if the Planning Director or Designee finds that the work described in
the application conforms to the requirements of this Order, including any regulations
promulgated pursuant to Section 10 of this Order, the California Building Standards Code, and
other applicable laws and ordinances.
8. For an application for a Civil Unrest Repair Permit regarding repair work that qualifies
under Section 4(b), 4(c) or 4(d) of this Order, the Planning Director or Designee may approve,
approve with conditions, or disapprove an application after consideration of whether the project
complies with the requirements of Santa Monica Municipal Code Chapter 9.55 or 9.56, as
applicable, the requirements of this Order, including any regulations promulgated pursuant to
Section 10 of this Order, the California Building Standards Code, and other applicable laws and
ordinances. Any action taken by the Planning Director or Designee to approve with conditions
or to deny a proposed project shall include findings and conditions, if applicable, be in writing,
and be given to the applicant.
9. Notwithstanding Sections 7 and 8 of this Order, for any development that requires a
coastal development permit under the California Coastal Act of 1976, Public Resources Code
Section 30000 et seq, a Civil Unrest Repair Permit may not be issued until such time as a coastal
development permit has been issued for such development.
10. The Planning Director or designee may promulgate regulations to implement Sections 1
through 9 of this Order. Failure by an applicant for a Civil Unrest Repair Permit to comply with
any such regulations may constitute grounds for potential suspension or revocation of the Civil
Unrest Repair Permit.
11. This Order shall take effect immediately and shall remain in effect until August 3, 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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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 4th day of June 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 23rd day of June 2020.
Kevin McKeown, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11260 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 23rd day of June 2020, by the following
vote:
AYES: Councilmembers Davis, Himmelrich, Jara, Morena, Winterer,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
Denise Anderson-Warren, City Clerk