R112771
City Council Meeting: July 28, 2020 Santa Monica, California
RESOLUTION NUMBER 11277 (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 COVID-19 and this local emergency was
restated on March 14, 2020, through a revised declaration of local emergency to ensure
compliance with all digital signature requirements (“Revised Executive Order”) (“Exhibit
B”); 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
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Declaring the Existence of a Local Emergency (“Second Supplement to the Executive
Order”) (since superseded by the Second Revised Eighteenth Supplement to the
Executive Order issued June 23, 2020) temporarily closing the Santa Monica Pier to the
general public; and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public
Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting
group events of 50 or more people, requiring certain social distancing measures, and
ordering the closure of certain businesses; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued
Executive Order N-28-20, suspending any and all provisions of state law that would
preempt or otherwise restrict a local government’s exercise of its police powers to
impose substantive limitations on residential and commercial evictions with respect to
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”) (since superseded by the Seventeenth Supplement to the Executive Order
issued May 29, 2020) that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades,
gyms and fitness centers, and non-medical physical health and beauty businesses; and
temporarily prohibited restaurants, bars, and retail food facilities from serving food on-
premises; and
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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 D”); 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 E”); 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 F”) 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 G”) 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 H”) 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 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 I”) 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 J”): (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 (since superseded by the Twentieth
Supplement issued July 1, 2020) requiring workers and customers at covered
businesses (including but not limited to grocery stores, farmers markets, restaurants,
hardware stores, transportation providers, and plumbing and similar businesses) to
wear face coverings; and
WHEREAS, on April 10, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home Order for Control of COVID-19 that amended
and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders
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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 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 K”) 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
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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,
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
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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 eviction
moratorium will extend only 30 days after the expiration of the Order; and specify that,
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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
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 L”) 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
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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 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
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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 (since superseded by the Nineteenth
Supplement issued June 29, 2020 and the Twentieth Supplement issued July 1, 2020)
extending the effective dates of the Fourth Revised First, Second, Third, Revised
Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and
Thirteenth supplements to June 30, 2020, or any later date expressly stated within the
text of an individual supplement; and requiring all persons leaving their residences for
the limited purposes allowed by the County Department of Public Health’s Safer at
Home Order to strictly comply with the social (physical) distancing requirements stated
in that Order or County Department of Public Health guidance or protocols, including in
particular the requirement that cloth face masks must be worn whenever there is or may
be contact with others who are non-household members, including while engaging in
permitted outdoor activities other than water activities; and
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a
Fifteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Exhibit M”) authorizing enforcement of
preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and
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authorizing street sweeping to resume with individuals encouraged to comply with
posted signs regarding parking prohibitions for street sweeping during the days and
times indicated, but only during the first full week of each month, which is when the
street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a
Sixteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Exhibit N”) authorizing specified
Boards, Commissions, and other appointed bodies to resume limited meetings, to be
conducted remotely pending further order, for the purpose of exercising specified
adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or
Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a
5% cap on other fees charged to restaurants by third-party food delivery companies;
and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home Order for Control of COVID-19 that amended
and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020
County Health Officer Orders and Addendums; recognized that existing community
transmission of COVID-19 in Los Angeles County continues to present a substantial
and significant risk of harm to residents’ health; but took a limited and measured step to
partially move the County into Stage 2 of its phased approach to reopening while
keeping a low incidence of person-to-person contact and ensuring continued social
distancing and adherence to other infection control procedures – accordingly, the order
continued to prohibit indoor and outdoor public and private gatherings and events;
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continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-
person contacts are likely to occur; continued to allow Essential Businesses to operate
subject to social distancing requirements; allowed the conditional reopening of specific
retail and other Lower-Risk businesses, including curbside, doorside, or other outdoor
or outside pickup from retailers located within an indoor mall or shopping center and
manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, beach parking lots, and beach bike paths, while
maintaining the closure of public piers; continued to authorize local public entities to
temporarily close certain streets or areas to automobile traffic to allow for increased
space for persons to engage in recreational activity in compliance with social (physical)
distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
WHEREAS, on May 25, 2020, the California Department of Health, while
recognizing that COVID-19 is still present in State communities and that physical
distance, wearing face coverings in public, and washing hands frequently are more
important than ever, announced the statewide opening of in-store retail shopping, under
previously issued guidance and subject to approval by county public health
departments, and issued guidelines for in-person protests and events designed for
political expression; and
WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised
First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
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Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements
thereto; resolved that the local emergency shall be deemed to continue and exist until
its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First and Second through Sixteenth Supplements shall be operative and remain in effect
through June 30, 2020, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home Order for Control of COVID-19 that superseded
all prior Safer At Home Orders; while recognizing that existing community transmission
of COVID-19 in the County continues to present a substantial and significant risk of
harm to residents’ health, in light of the progress achieved in slowing the spread of
COVID-19 in the County, aligned the County with State Executive Orders and State
Health Officer Orders that support phased reopening in accordance with the California
Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of
limiting close contacts with others outside of residents’ households in both indoor and
outdoor spaces and ensuring continued social distancing and adherence to other
infection control procedures – accordingly, the order continued to prohibit indoor and
outdoor public and private gatherings and events except for the limited purposes
expressly permitted by the Order; continued to require compliance with social (physical)
distancing requirements including wearing a cloth face covering whenever there is or
can be contact with others who are non-household members in both public and private
spaces; continued to require the closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-
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person contacts are likely to occur; continued to allow Essential Businesses to operate
subject to social distancing requirements; allowed the conditional reopening of four
categories of Lower-Risk businesses – lower-risk retail businesses that may now
reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and
logistics sector businesses that supply lower-risk retail businesses, non-essential office-
based businesses (while continuing to strongly encourage telework), and indoor malls
and shopping centers; continued to permit the reopening of beaches, beach parking
lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile
traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; continued to authorize
participation in Vehicle-Based Parades in compliance with all laws and a specified
protocol; permitted in-person attendance at faith-based services, provided that the
gathering of congregants is limited to the lower of 25% of the total maximum building
occupancy or a maximum of 100; and permitted participating in in-person protests
subject to the same attendance limits and maintenance of physical distancing; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the
request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home order that superseded all prior Safer At Home
Orders and was essentially equivalent to the May 26 Safer At Home Order with the
exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk
businesses allowed to reopen subject to specified conditions; and permitted restaurants
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and other food facilities that provide sit-down, dine-in meals to reopen subject to
specified conditions, including a limitation to 60% occupancy; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a
Seventeenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Exhibit O”) superseding and replacing
the Third Supplement to specify that closures and re-openings of businesses within
Santa Monica shall be in accordance with State and County orders, with those imposing
stricter regulations controlling in the event of conflict, and continuing to exempt trucks
and other vehicles that deliver grocery items to grocery stores from limitations on
delivery hours; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an
Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency authorizing temporary outdoor dining
extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private
open space owned by the restaurant, for restaurants that open for in-house dining
pursuant to the safety protocols required by the County safer at home order;
superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1
through 3 of the Twelfth Supplement to extend for two years the deadlines for planning,
review, and permit-related actions; and superseding and replacing Sections 3 through 6
of the Ninth Supplement to waive and suspend late payment fees, rent payments by
City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent
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deferment program for City commercial tenants whose operations have been closed or
significantly restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency that modified the Eighteenth
Supplement by extending the authorization for temporary outdoor dining to adjacent
private spaces not owned by a restaurant and sidewalk areas in front of adjacent
buildings, both with the consent of the owner; and adding authorizations for the Finance
Director to grant extension of the delinquency date for business license renewals by two
months from September 1 to November 1, 2020; and
WHEREAS, on June 11, 2020, the Los Angeles County Department of Public
Health issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
largely equivalent to the May 29 Safer At Home Order with exceptions including that it:
permitted the reopening of the following additional specific sectors, businesses, and
activities subject to specific conditions set forth in protocols attached as appendices to
the order – music, film, and television production; day camps; fitness facilities;
museums, galleries, botanical gardens, zoos, aquariums, and other similar exhibition
spaces; professional sports without audiences; and campgrounds, RV parks, and
associated outdoor activities; permitted the opening of swimming pools and splash pads
in any setting subject to implementation of a specified protocol; permitted public and
private schools to begin planning for the forth-coming school year in compliance with
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State guidance; and allowed hotels, motels, shared rental units, and similar facilities to
reopen for tourism and individual travel, in compliance with conditions set forth in a
protocol attached as an appendix to the order; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Exhibit C”) that: for residential tenants,
restated the existing temporary eviction moratorium and extended the period for which
unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for
commercial tenants, substantially modified the temporary eviction moratorium, defining
three different categories of commercial tenants, each of which receives varying
protections, and encouraging landlords and commercial tenants to negotiate
modifications to rental agreements and payment plans to accommodate changed
economic circumstances of commercial landlords and tenants arising from the financial
impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings mandating the use of cloth face coverings by
the general public under specified circumstances when outside the home including
when inside of, or in line to enter, any indoor space and while outdoors in public spaces
when maintaining a physical distance of 6 feet from persons who are not members of
the same household or residence is not feasible; and
WHEREAS, on June 18, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
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Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the June 11 Safer At Home Order with the exception that it
clarified the requirements that individuals leaving their residences must wear face
coverings when they are or can be in contact with or walking past others outside of their
household and permitted the reopening of the following business and activities no
earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At
Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators;
personal care services; and bars, wineries, breweries and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued
Executive Order N-70-20 which extended for an additional 60 days the tenth and
eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows
retailers to temporarily pause in-store redemption of beverage containers and
temporarily suspending the requirement for recycling centers to hold a minimum hours
of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54-
20, which had suspended Public Resources Code section 42283’s prohibitions relating
to retail establishments providing bags to customers at point of sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised
First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First
Revised Eighteenth Supplements thereto; resolved that the local emergency shall be
deemed to continue and exist until its termination is proclaimed by the City Council; and
resolved that the Fourth Revised First, Second, and Revised Fourth through First
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Revised Eighteenth Supplements shall be operative and remain in effect through June
30, 2020, or any later date expressly stated within the text of an individual supplement;
and
WHEREAS, on June 23, 2020, the Los Angeles County Department of
Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation
of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in
accordance with orders issued by the Los Angeles County Board of Supervisors,
recognized the extension of the County’s eviction through July 31, 2020, but, effective
June 1, 2020, excluded from application of the moratorium commercial tenancies where
the tenant has more than 100 employees and commercial tenancies where the tenant is
a multinational company or a publicly traded company; and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a
Second Revised Eighteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit P”) that
modified the First Revised Eighteenth Supplement to: supersede and replace the
Second Supplement that closed the Pier, permitting the Pier to begin a phased
reopening subject to conditions to ensure social distancing as of June 24, 2020; extend
the suspension of outdoor dining license payments for City licensees through August
2020; extend the deadline for applications for extensions of the delinquency date for
business license renewals to August 31, 2020; extend the authorization for temporary
dining to adjacent private spaces not owned by the restaurant and to sidewalks in front
of adjacent buildings with the consent of either the owner or tenant; extend the
authorization for temporary dining to areas of the Pier to be specified by the Director of
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Economic Development subject to specified conditions and any additional regulations;
extend the authorization for temporary dining to portions of the sidewalk or roadway in
the Third Street Promenade to be specified by the Director of Economic Development
subject to specified conditions and any additional regulations; authorize the temporary
use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of
the Pier to be specified by the Director of Economic Development for business activities
other than temporary dining, subject to specified conditions and any additional
regulations; authorize restaurants and other businesses to establish temporary parklets
for business activities and outdoor dining in on-street parking and loading spaces
adjacent to the restaurant or business, subject to specified conditions, specified design
and safety specifications, and any additional regulations; and specify that for
compliance with certain specified mandatory seismic retrofitting requirements, the two-
year extension for planning, review, and permit-related actions applies only if an
application was pending as of March 13, 2020 or submitted between March 13, 2020
and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in
some counties and the need to reduce non-essential gatherings where mixing and
disease spread occur, the California Department of Public Health ordered the closure in
certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs
not offering sit-down, dine-in meals that had reopened after June 12 in accordance with
prior state and local guidance and reemphasized that alcohol can only be sold in such
establishments in the same transaction as a meal; and
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WHEREAS, on June 28, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the June 18 Safer At Home Order with the exceptions that it
returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries
to the list of higher-risk businesses whose closure is required; and required restaurants
with a moderate risk or high risk permit issued by the County Department of Public
Health and other food facilities that provide in-person dining to follow a revised protocol
for on-site dining; and
WHEREAS, on June 29, 2020, the Los Angeles County Department of Public
Health issued a Reopening Safer at Work and in the Community for Control of COVID-
19 order requiring the temporary closure of all public beaches, piers, beach bicycle
paths and beach access points between July 3 and July 6; prohibiting all firework shows
and events until further notice; noting that the County has recently observed a sharp
increase in new COVID-19 cases and hospitalizations demonstrating the reality of
increased community transmission of COVID-19; and reemphasizing that State public
health directives and the current County Health Officer Order prohibit professional,
social, and community mass gatherings, with gatherings defined as meetings or other
events that bring together persons from multiple households at the same time for a
shared or group experience in a single room, space, or place; and
WHEREAS, on June 29, 2020, the Director of Emergency Services issued a
Nineteenth Supplement to the Executive Order of the Director of Emergency Services
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Declaring the Existence of a Local Emergency (“Exhibit Q”) that, with certain specified
exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth,
Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth,
Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth
Supplements to July 31, 2020, or any later date expressly stated within the text of an
individual supplement; specified exceptions permitted impositions of late payment
penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and
Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the
California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020;
the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020
and 5.45.030 relating to stores providing bags to customers at the point of sale without
charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of
operation to expire as of July 1, 2020; and issuance of parking citations associated with
street sweeping to resume as of July 1, 2020; and
WHEREAS, on July 1, 2020, in a letter to California elected officials, the
Governor of the State of California noted the recent increase in COVID-19 cases,
including a concerning increase in hospitalizations; reminded Cities and Counties of
their power, conferred by the California Constitution, to take action to protect their
residents; called on elected officials to remain vigilant in efforts to protect the health and
safety of their communities; and emphasized the dire consequences of failing to ensure
compliance with public health orders, including a surge of COVID-19 cases and
fatalities and an unsustainable burden on health care services that may divert resources
from other health needs, further delaying reopening efforts; and
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WHEREAS, on July 1, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the June 28 Safer At Home Order with the exceptions that it
noted the serious recent regression of COVID-19 indicators within the Count of Los
Angeles, which showed troubling and substantial increases in new daily reported
COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person
onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite
wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums
to the list of high-risk businesses required to close for at least 21 days and until further
notice; and ordered the closure of indoor mall or shopping center food court dining and
seating areas for at least 21 days and until further notice; and
WHEREAS, on July 1, 2020, the Director of Emergency Services issued a
Twentieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that superseded and replaced the
Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home
Orders and the California Department of Health’s recent Guidance for the Use of Face
Coverings, set out specifics regarding the requirement that all individuals wear face
coverings whenever they leave their place of residence and are or may be in in contact
with non-household members in both public and private spaces; set out exemptions
from the face covering requirement; specify that business operators may refuse
admission or service to any person who fails to wear a face covering as required or to
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comply with social distancing requirements imposed by the County Safer at Home
orders; and authorizes administrative citations with specified administrative fines for
both individuals and businesses failing to comply with the face covering requirements;
and
WHEREAS, on July 8, 2020, the Director of Emergency Services issued a
Twenty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency which was superseded and replaced on
July 9, 2020 by the Revised Twenty-First Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency and on
July 10, 2020 by the Second Revised Twenty-First Supplement to the Executive Order
of the Director of Emergency Services Declaring the Existence of a Local Emergency
(“Exhibit S”) reducing the required number of nominating signatures for candidates in
the November 3, 2020 general municipal election from 100 (as required under Santa
Monica Municipal Code Section 11.04.010) to 30 and waiving the $1 fee for each set of
nomination papers over the first two sets; and
WHEREAS, on July 13, 2020, in light of current data reflecting that community
spread of COVID-19 infection is of increasing concern across the state, the California
Department of Public Health ordered the statewide closure of all operations, indoors
and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and
entertainment venues, subject to specified exceptions; the statewide closure of indoor
operations of dine-in restaurants, wineries and tasting rooms, family entertainment
centers and movie theaters, indoor attractions at zoos and museums, and cardrooms;
and the closure in certain counties that currently appear on the Department’s County
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Monitoring List and have been on the list for three consecutive days, which included Los
Angeles County, all indoor operations of gyms and fitness centers, places of worship,
protests, offices for non-critical infrastructure sectors, personal care services (including
nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and
malls; and
WHEREAS, on July 14, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the July 1 Safer At Home Order with the exceptions that it
ordered the closure of indoor operations of hair salons and barbershops, fitness
facilities, and personal care establishments; permitted in-person faith-based services
and protests so long as they are held outdoors; ordered the closure of indoor portions
and operations of indoor malls and shopping centers; required that all indoor portions
and operations of any non-essential office-based business cease, subject to the
exception for minimum basic operations; and required that essential businesses,
healthcare operations, or essential infrastructure whose operations require employees
to operate from an office worksite require employees to telework to the extent feasible;
and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued the
First Revised Twentieth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit R”), which
superseded and replaced the Twentieth Supplement to the Executive Order of the
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Director of Emergency Services Declaring the Existence of a Local Emergency to
further clarify the requirement that all persons must wear face coverings whenever they
leave their place of residence and are or can be in contact with or walking near or past
others who are non-household members in both public and private spaces, including,
but not limited to, walking through common areas such as hallways, stairways,
elevators, and parking facilities; clarify that having a face covering visible and
immediately ready to put on whenever within 30 feet of another non-household member
is intended to satisfy the face covering requirement when walking, running, biking, or
otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and
trails; and add provisions permitting limited inquiries to those asserting exemptions from
the face covering because of medical condition, mental health condition, or disability to
prevent fraudulent assertions of such exemptions; and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued a
Twenty-Second Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency (“Exhibit T”), which extended
the eviction moratorium for residential tenants implemented by the Fifth Revised First
Supplement to September 30, 2020, and extended the eviction moratorium for
commercial tenants implemented by the Fifth Revised First Supplement to August 31,
2020; and
WHEREAS, as of July 22, 2020, the Los Angeles County Department of Public
Health has confirmed 166,848 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
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WHEREAS the findings included in each Executive Order and Supplement to the
Executive Order referenced herein are included herein as if stated in full; and
WHEREAS the Centers for Disease Control and Prevention, the California
Department of Public Health, and the Los Angeles County Department of Public Health
have issued 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 stated in the Proclamation of Existence of a Local Emergency
issued by the Director of Emergency Services on March 13, 2020, and ratified by the
City Council on March 19, April 6, April 14, May 12, May 26, June 9, June 23, and July
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 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:
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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 Fifth Revised First Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit
C”) is hereby ratified.
SECTION 4. The Revised Fourth 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 Revised Fifth 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 Sixth 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 Seventh Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit G”) is hereby
ratified.
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SECTION 8. The Eighth 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 Ninth 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 Tenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit J”) is hereby
ratified.
SECTION 11.The Twelfth 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 Thirteenth 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 Fifteenth 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 Sixteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (“Exhibit N”) is hereby
ratified.
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SECTION 15. The Seventeenth 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 Second Revised Eighteenth 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 Nineteenth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit Q”) is
hereby ratified.
SECTION 18. The First Revised Twentieth 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. The Second Revised Twenty-First Supplement to the Executive
Order of the Director of Emergency Services Declaring the Existence of a Local
Emergency (“Exhibit S”) is hereby ratified.
SECTION 20. The Twenty-Second Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit
T”) is hereby ratified.
SECTION 21. 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
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39
the emergency organization of this City shall be those prescribed by State law and by the
ordinances and resolutions of this City.
SECTION 22. 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 23. 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 24. The Fifth Revised First, Revised Fourth, Revised Fifth, Sixth,
Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth,
Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised
Twenty-First, and Twenty-Second Supplements to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency shall, except for those
portions of earlier supplements that were not extended by the Seventeenth Supplement,
remain in effect until July 31, 2020, at 11:59 p.m., or any later date expressly stated within
the text of an individual Supplement, at which time they shall automatically expire unless
earlier extended or expressly superseded by an action of the City Council or by a further
Executive Order of the Director of Emergency Services or Supplement thereto.
SECTION 25. If any section, subsection, sentence, clause, or phrase of this
Resolution, the Executive Order, or any Supplement or Revised Supplement to the
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Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Resolution, the Executive Order, or any Supplement or
Revised Supplement to the Executive Order. The City Council hereby declares that it
would have passed this Resolution, the Executive Order, and any Supplement or Revised
Supplement to the Executive Order and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of this Resolution, the Executive Order, or any Supplement or Revised Supplement
to the Executive Order would be subsequently declared invalid or unconstitutional.
SECTION 26. 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
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That, on March 13, 2020, the President of the United States of America declared a
national emergency and that the federal government would make $50 billion in emergency
funding to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health
reported 40 confirmed cases of COVID -19 within Los Angeles County, including six cases
identified as likely due to community transmission; and
That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a
major tourist destination, has two major hospitals and an airport within its jurisdiction, is a
significant destination for business travel, and is adjacent to and contiguous on three sides with
the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and
across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures
to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response
to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support
ongoing emergency actions in response to the spread of COVID-19; and
That the City intends to continue to take bold and aggressive actions to protect the public
health and safety during this local, state, and national public health emergency; and
That the above described events are creating conditions of extreme peril and such
conditions are likely to be beyond the control of the services, personnel, equipment, and facilities
of the City, requiring the combined forces of other political subdivisions to combat; 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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1
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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2
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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3
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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FIFTH 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
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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 COVID-19 and this local
emergency was restated on March 14, 2020, through a revised declaration of local emergency to
ensure compliance with all digital signature requirements; and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first
supplemental emergency order placing a temporary moratorium on evictions for non-payment of
rent and temporarily suspending (a) the discontinuation or shut off of water service for residents
and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late
payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late
payment penalties or fees for parking violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second
supplemental emergency order temporarily closing the Santa Monica Pier to the general public;
and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health
issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events
of 50 or more people, requiring certain social distancing measures, and ordering the closure of
certain businesses; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third
supplemental emergency order that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and
fitness centers, and non-medical physical health and beauty businesses; and temporarily
prohibited restaurants, bars, and retail food facilities from serving food on-premises; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive
Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise
restrict a local government’s exercise of its police powers to impose substantive limitations on
residential and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised
Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics,
and emergency shelters in all zoning districts and allow the Director of the Department of
Planning and Community Development or designee to waive development standards, design
review, parking and access requirements, and sign standards related to such uses; to permit
limited service and take-out restaurant uses in any zoning district that allows full-service
restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets,
general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and
automatic approvals; to extend interim zoning ordinances now in effect; to direct that street
sweeping not be conducted unless essential for public health and safety and suspend parking
citations related thereto; to suspend preferential parking rules; to suspend certain regulations
relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and
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3
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
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
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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 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
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 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
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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
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
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contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its
safer at home order including requirements that all individuals engaging in outdoor activities,
except for water activities, and all individuals engaging in essential activities whenever there is
or can be contact with other who are non-household members in both public and private places,
must wear a cloth face covering; and
WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency extending the effective dates of the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and requiring all persons leaving their residences for the
limited purposes allowed by the County Department of Public Health’s Safer at Home Order to
strictly comply with the social (physical) distancing requirements stated in that Order or County
Department of Public Health guidance or protocols, including in particular the requirement that
cloth face masks must be worn whenever there is or may be contact with others who are non-
household members, including while engaging in permitted outdoor activities other than water
activities; and
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume
in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking prohibitions for street
sweeping during the days and times indicated, but only during the first full week of each month,
which is when the street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
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ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the
local emergency shall be deemed to continue and exist until its termination is proclaimed by the
City Council; and resolved that the Fourth Revised First and Second through Sixteenth
Supplements shall be operative and remain in effect through June 30, 2020, or any later date
expressly stated within the text of an individual supplement; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer
At Home Orders; while recognizing that existing community transmission of COVID-19 in the
County continues to present a substantial and significant risk of harm to residents’ health, in light
of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County
with State Executive Orders and State Health Officer Orders that support phased reopening in
accordance with the California Pandemic Resilience Roadmap’s four stage framework, while
maintaining the goals of limiting close contacts with others outside of residents’ households in
both indoor and outdoor spaces and ensuring continued social distancing and adherence to other
infection control procedures – accordingly, the order continued to prohibit indoor and outdoor
public and private gatherings and events except for the limited purposes expressly permitted by
the Order; continued to require compliance with social (physical) distancing requirements
including wearing a cloth face covering whenever there is or can be contact with others who are
non-household members in both public and private spaces; continued to require the closure of
higher-risk businesses, recreational sites, commercial properties, and activities, where more
frequent and prolonged person-to-person contacts are likely to occur; continued to allow
Essential Businesses to operate subject to social distancing requirements; allowed the conditional
reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may
now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and
logistics sector businesses that supply lower-risk retail businesses, non-essential office-based
businesses (while continuing to strongly encourage telework), and indoor malls and shopping
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centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths,
while maintaining the closure of public piers; continued to authorize local public entities to
temporarily close certain streets or areas to automobile traffic to allow for increased space for
persons to engage in recreational activity in compliance with social (physical) distancing
requirements; continued to authorize participation in Vehicle-Based Parades in compliance with
all laws and a specified protocol; permitted in-person attendance at faith-based services,
provided that the gathering of congregants is limited to the lower of 25% of the total maximum
building occupancy or a maximum of 100; and permitted participating in in-person protests
subject to the same attendance limits and maintenance of physical distancing; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of
Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community For Control of COVID-19 – Moving
the County of Los Angeles Through Stage 2 of California’s Pandemic Resilience Roadmap order
that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26
Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth
category of Lower-Risk businesses allowed to reopen subject to specified conditions; and
permitted restaurants and other food facilities that provide sit-down, dine-in meals to reopen
subject to specified conditions, including a limitation to 60% occupancy; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency superseding and replacing the Third Supplement to specify that
closures and re-openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the event of conflict,
and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores
from limitations on delivery hours; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent
sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant,
for restaurants that open for in-house dining pursuant to the safety protocols required by the
County safer at home order; superseding and replacing Section 5 of the Revised Fourth
Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the
deadlines for planning, review, and permit-related actions; and superseding and replacing
Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent
payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent deferment
program for City commercial tenants whose operations have been closed or significantly
restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised
Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring
the Existence of a Local Emergency that modified the Eighteenth Supplement by extending the
authorization for temporary outdoor dining to adjacent private spaces not owned by a restaurant
and sidewalk areas in front of adjacent buildings, both with the consent of the owner; and adding
authorizations for the Finance Director to grant extension of the delinquency date for business
license renewals by two months from September 1 to November 1, 2020; and
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WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community For Control of COVID-19 – Moving
the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that
superseded all prior Safer At Home Orders and was largely equivalent to the May 29 Safer At
Home Order with exceptions including that it: permitted the reopening of the following
additional specific sectors, businesses, and activities subject to specific conditions set forth in
protocols attached as appendices to the order – music, film, and television production; day
camps; fitness facilities; museums, galleries, botanical gardens, zoos, aquariums, and other
similar exhibition spaces; professional sports without audiences; and campgrounds, RV parks,
and associated outdoor activities; permitted the opening of swimming pools and splash pads in
any setting subject to implementation of a specified protocol; permitted public and private
schools to begin planning for the forth-coming school year in compliance with State guidance;
and allowed hotels, motels, shared rental units, and similar facilities to reopen for tourism and
individual travel, in compliance with conditions set forth in a protocol attached as an appendix to
the order; and
WHEREAS, as of June 16, 2020, the Los Angeles County Department of Public Health
has confirmed 75,084 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, 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 sudden and unexpected income loss; and
WHEREAS, 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, the more expansive reopening of business that has been permitted by the
May 29 and June 11 orders issued by the Los Angeles County Department of Public Health
should allow certain businesses to resume operations, but continuing economic impacts from
COVID-19 and the social distancing measures implemented to address it are anticipated, leaving
certain residential and commercial tenants vulnerable to eviction even following the reopening of
businesses; and
WHEREAS, commercial tenants and landlords should be encouraged as much as possible
to negotiate modifications to rental agreements and payment plans that will allow commercial
tenants to remain in leased commercial space while not unnecessarily depriving commercial
landlords of rents due for that commercial space; 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
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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
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:
DEFINITIONS
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. “Substantially limited business” means a business that is either:
i. a restaurant; retail business; hair salon or barbershop; fitness facility; or
museum, gallery, or other exhibit space, that closed or substantially limited its operations as
required by the Los Angeles County Department of Public Health Safer at Home Order issued
March 29, 2020, together with its supplements and amendments (the “Safer at Home Order”),
and whose reopening is subject to substantial limitations as the result of a protocol imposed by
the Los Angeles County Department of Public Health pursuant to its Reopening Safer at Work
and in the Community for Control of COVID-19 – Moving the County of Los Angeles Into
Stage 3 of California’s Pandemic Resilience Roadmap order issued June 11, 2020 (the
“Reopening Order”); or
ii. a higher-risk business listed in paragraph 7 of the Reopening Order that
closed as required by the Safer at Home Order and remains closed as required by the Reopening
Order.
c. “Commercial tenant” means any tenant of commercial real property, including
non-profits. For purposes of this Order there are three classifications of commercial tenants:
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i. “Commercial tenant 1” means a commercial tenant that is not a
commercial tenant 2 or commercial tenant 3.
ii. “Commercial tenant 2” means a commercial tenant that is not a
commercial tenant 3; is a tenant in office work space; is not a non-profit; does not collect sales
tax on greater than 50% of its revenue; does not provide medical, dental, veterinary, fitness,
educational, or child, marriage, family, mental health, or substance abuse counseling services;
and does not use the office work space to engage primarily in a substantially limited business.
iii. “Commercial tenant 3” means any commercial tenant other than a non-
profit that is: (A) a publicly traded company; (B) a business that, together with its affiliates, (1)
employs more than 100 employees, (2) has average annual gross receipts of more than $15
million over the previous three years, or (3) has business operations, other than sales conducted
solely through online channels, in three or more countries, including the United States; or (C) a
business whose payment of rent is guaranteed by a business falling within the scope of
subsection (A) or (B) of this subsection. Absent a guarantee from the franchisor falling under
subsection (C), an independent franchisee that is not a commercial tenant 3 under subsection (A)
or (B) shall not be deemed a commercial tenant 3 simply because the franchisor is a commercial
tenant 3 under subsection (A) or (B).
d. For a residential tenant, “financial impacts related to COVID-19” include, but are
not limited to, lost household income or an increase in household expenses 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.
e. For a commercial tenant, “financial impacts related to COVID-19” include, but
are not limited to, substantial lost business income or a substantial increase in business expenses
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.
EVICTION MORATORIUM FOR RESIDENTIAL TENANTS
2. A temporary moratorium on eviction for nonpayment of rent by residential tenants
impacted by the COVID-19 crisis is imposed as follows:
a. No landlord shall endeavor to evict a residential tenant for nonpayment of rent
due to financial impacts related to COVID-19, until twelve months after the expiration of this
Order. This section applies to rent that became due between March 14, 2020 and the expiration
of this Order.
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b. If a residential 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 residential 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 tenant may not, during the term of this Order or
thereafter, charge to or collect from the residential tenant 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 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.
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.
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:
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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 residential tenants with the following notices:
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. 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 residential 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(a) of this Order
to a residential tenant under a previous revision of this Order is not required to provide an
additional notice to the tenant under Section 6(a) of this Order.
7. Any medical or financial information that a residential 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.
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8. This Order grants residential tenants 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 in an unlawful detainer action or 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
residential 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.
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 to
residential tenants by 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 residential tenant that waives or modifies any rights under this Order shall be void
as contrary to public policy.
10. A residential tenant injured by a landlord’s violation of Sections 2 through 8 of this Order
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.
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11. A landlord who knows of facts that provide a residential tenant with an affirmative
defense to eviction under this Order, and who nonetheless in bad faith endeavors to evict that
residential tenant, will be deemed in violation of the City’s Tenant Harassment Ordinance, as set
forth in Section 4.56.020 of the Santa Monica Municipal Code. The maximum civil penalty for
any violation of the Tenant Harassment Ordinance occurring while this Order is in effect is
increased from $10,000 to $15,000.
EVICTION MORATORIUM FOR COMMERCIAL TENANTS
12. A commercial tenant 3 will not receive the protections set out in Section 14 below. Any
protections accorded a commercial tenant 3 by the Revised First Supplement, Second Revised
First Supplement, Third Revised First Supplement, or Fourth Revised First Supplement
(collectively, the “prior orders”) shall terminate as of June 30, 2020. Accordingly, as of July 1,
2020, a landlord of a commercial tenant 3 will not be precluded from, in accordance with lease
terms and any applicable law, charging and collecting a late fee or penalty for, beginning to
accrue and charge and collect interest on, and endeavoring to evict based on any rent that became
due from March 18, 2020 to June 30, 2020 and remains unpaid by the commercial tenant 3.
13. A commercial tenant 2 will not receive the protections set out in Section 14 below. Any
protections accorded a commercial tenant 2 by the prior orders shall extend, in accordance with
the terms of the Fourth Revised First Supplement, to and terminate as of July 31, 2020.
Accordingly, no landlord shall endeavor to evict a commercial tenant 2 that has provided the
required notice and documentation for nonpayment of rent that became due between March 18,
2020 and July 31, 2020 due to financial impacts related to COVID-19 until thirty days after July
31, 2020. As of September 1, 2020, a landlord of a commercial tenant 2 will not be precluded
from, in accordance with lease terms and any applicable law, charging and collecting a late fee or
penalty for, beginning to accrue and charge and collect interest on, and endeavoring to evict
based on any rent that became due from March 18, 2020 to July 31, 2020 and remains unpaid by
the commercial tenant 2.
14. A temporary moratorium on eviction for nonpayment of rent by a commercial tenant 1
impacted by the COVID-19 crisis is imposed as follows:
a. No landlord shall endeavor to evict a commercial tenant 1 for nonpayment of rent
due to financial impacts related to COVID-19 until twelve months after June 30, 2020. This
section applies to rent that became due between March 18, 2020 and June 30, 2020 as to which
the commercial tenant 1 provided notice and documentation as required by Section 2(b) of the
Fourth Revised First Supplement and to rent that becomes due between July 1, 2020 and the
expiration of this Order as to which the commercial tenant 1 has provided notice and
documentation as required by Section 14(b) of this Order.
b. If a commercial tenant 1 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
an email, text, letter, or any other form of written communication. If the tenant fails to timely
provide the required notice and documentation, the tenant shall not be entitled to the protections
provided by this Order. The required notice and documentation shall be as follows:
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i. For a commercial tenant 1 whose primary business in the location for
which rent is at issue is a substantially limited business, notice and documentation that indicates
any loss of income or increase in expenses due to COVID-19 is sufficient and a statement written
by the tenant in a single communication may constitute both notice and documentation. If the
tenant has received compensation for financial impacts related to COVID-19 through business
interruption insurance or federal or state government relief funds or other programs that provide
such compensation, the notice and documentation must state the compensation received and
explain why it does not enable the tenant to pay rent.
ii. For any other commercial tenant 1, notice asserting that the tenant has
suffered financial impacts related to COVID-19 that have resulted in a substantial loss of income
or substantial increase in expenses that has materially negatively affected its ability to pay rent
together with supporting documentation sufficient to demonstrate that the loss of income or
increase in expenses: (A) is related to COVID-19; and (B) has a material negative effect on the
tenant’s ability to pay rent, which documentation may include, but is not limited to, a profit and
loss statement, a letter from an accountant, or a written explanation setting out an objectively
verifiable explanation of the financial impacts the tenant is experiencing. If the tenant has
received compensation for financial impacts related to COVID-19 through business interruption
insurance or federal or state government relief funds or other programs that provide such
compensation, the notice and documentation must state the compensation received, which shall
be considered when determining whether the tenant has experienced a substantial loss of income
or substantial increase in expenses that has materially negatively affected its ability to pay rent.
c. A landlord of a commercial tenant 1 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 June 30, 2020. A landlord of a commercial
tenant 1 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 three months thereafter.
d. 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.
15. A landlord must provide each commercial tenant 1 and, until August 31, 2020, each
commercial tenant 2 with the following notices:
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. 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 tenants 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.
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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 15(a) of this Order
to a commercial tenant under a previous revision of this Order is not required to provide an
additional notice to the tenant under Section 15(a) of this Order.
16. Any medical or financial information that a commercial 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.
17. This Order grants a commercial tenant 1, a commercial tenant 2 through August 31,
2020, and a commercial tenant 3 through June 30, 2020, 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 based on nonpayment of rent
due to the financial impacts of COVID-19 as described above in this Order after the tenant has
provided the landlord with the required notice and documentation. Such notice and
documentation shall create a rebuttable presumption that a tenant is unable to pay rent due to
financial impacts related to COVID-19.
b. 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 Section
15(b) of this Order.
c. The affirmative defense granted by Section 17(a) of this Order shall apply to all
actions on or after March 18, 2020. The affirmative defense granted by Section 17(b) of this
Order shall apply for actions taken on or after April 24, 2020.
18. Nothing set forth in this order is intended to preclude a landlord of a commercial tenant
from pursuing that commercial tenant for unpaid rent in a civil action other than an unlawful
detainer action in which the landlord does not seek to regain possession of the premises.
19. Landlords and commercial tenants are encouraged to negotiate modifications to rental
agreements and payment plans to accommodate changed economic circumstances of commercial
landlords and tenants arising from the financial impacts of COVID-19. So long as the landlord
has provided the notice required by Section 15 above and has not acted in violation of Section 20
below, this Order shall not preclude such a modification to a rental agreement or payment plan
between a landlord and commercial tenant that waives or modifies any rights under this Order.
GENERAL PROVISIONS
20. 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.
21. 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.
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22. A landlord who serves an eviction notice before receiving any notice from a tenant
asserting that the tenant is entitled to the protections set forth in this Order shall not be deemed to
have acted in bad faith if the landlord withdraws such eviction notice promptly after being
informed by the tenant that the tenant is entitled to the protections of this Order.
23. 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.
24. The Fourth Revised First Supplement is hereby retracted. This Fifth Revised First
Supplement expressly supersedes and replaces the Fourth Revised First Supplement and shall
apply retroactively to actions taken with respect to residential tenants beginning March 14, 2020
and to actions taken with respect to commercial tenants beginning March 18, 2020.
25. Except as otherwise provided, this Order shall take effect immediately and shall remain
in effect until July 31, 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.
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26. 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 17th 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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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
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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:
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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.
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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
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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
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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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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WHEREAS, in the interest of public health and safety, as affected by the emergency
caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section
2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of
life and property.
NOW, THEREFORE, I, 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).
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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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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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, 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);
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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.
//
//
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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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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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ATTEST: APPROVED AS TO FORM:
____________________________ ______________________
DENISE ANDERSON-WARREN LANE DILG
City Clerk City Attorney
DocuSign Envelope ID: 9156EF0C-F6CE-42DA-AECF-47E5C6DFCE1BDocuSign Envelope ID: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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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
DocuSign Envelope ID: 5B444F85-73F2-48EB-AA07-C467905104CBDocuSign Envelope ID: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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: 5B444F85-73F2-48EB-AA07-C467905104CBDocuSign Envelope ID: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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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
DocuSign Envelope ID: 5B444F85-73F2-48EB-AA07-C467905104CBDocuSign Envelope ID: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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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: BA038D56-A6A7-4C08-961A-D73BAC56CD5E
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, 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
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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, 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
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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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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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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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SEVENTEENTH 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
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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 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
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
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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, 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
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
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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
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
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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
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
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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 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
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WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency incorporating the provisions of the Third Revised First
Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were working in Santa
Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons;
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
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its
safer at home order including requirements that all individuals engaging in outdoor activities,
except for water activities, and all individuals engaging in essential activities whenever there is
or can be contact with other who are non-household members in both public and private places,
must wear a cloth face covering; and
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WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency extending the effective dates of the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and requiring all persons leaving their residences for the
limited purposes allowed by the County Department of Public Health’s Safer at Home Order to
strictly comply with the social (physical) distancing requirements stated in that Order or County
Department of Public Health guidance or protocols, including in particular the requirement that
cloth face masks must be worn whenever there is or may be contact with others who are non-
household members, including while engaging in permitted outdoor activities other than water
activities; and
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume
in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking prohibitions for street
sweeping during the days and times indicated, but only during the first full week of each month,
which is when the street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
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WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer
At Home Orders; while recognizing that existing community transmission of COVID-19 in the
County continues to present a substantial and significant risk of harm to residents’ health, in light
of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County
with State Executive Orders and State Health Officer Orders that support phased reopening in
accordance with the California Pandemic Resilience Roadmap’s four stage framework, while
maintaining the goals of limiting close contacts with others outside of residents’ households in
both indoor and outdoor spaces and ensuring continued social distancing and adherence to other
infection control procedures – accordingly, the order continued to prohibit indoor and outdoor
public and private gatherings and events except for the limited purposes expressly permitted by
the Order; continued to require compliance with social (physical) distancing requirements
including wearing a cloth face covering whenever there is or can be contact with others who are
non-household members in both public and private spaces; continued to require the closure of
higher-risk businesses, recreational sites, commercial properties, and activities, where more
frequent and prolonged person-to-person contacts are likely to occur; continued to allow
Essential Businesses to operate subject to social distancing requirements; allowed the conditional
reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may
now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and
logistics sector businesses that supply lower-risk retail businesses, non-essential office-based
businesses (while continuing to strongly encourage telework), and indoor malls and shopping
centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths,
while maintaining the closure of public piers; continued to authorize local public entities to
temporarily close certain streets or areas to automobile traffic to allow for increased space for
persons to engage in recreational activity in compliance with social (physical) distancing
requirements; continued to authorize participation in Vehicle-Based Parades in compliance with
all laws and a specified protocol; permitted in-person attendance at faith-based services,
provided that the gathering of congregants is limited to the lower of 25% of the total maximum
building occupancy or a maximum of 100; and permitted participating in in-person protests
subject to the same attendance limits and maintenance of physical distancing; and
WHEREAS, as of May 28, 2020, the Los Angeles County Department of Public Health
has confirmed 49,744 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, in light of the detailed, phased approach to reopening adopted by both the
State and County, the City has determined that, as a general matter, reopening of activities and
businesses within the City should be permitted in accordance with State and County 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
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WHEREAS, in the interest of public health and safety, as affected by the emergency
caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section
2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of
life and property.
NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of
Santa Monica, do hereby issue the following order to become effective immediately, subject to
ratification as soon as practicable by the City Council:
IT IS HEREBY ORDERED THAT:
1. This Order supersedes and replaces the Third Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency issued March 16,
2020 (the “Third Supplement”).
2. Except as specified in any subsequent duly enacted Ordinance of the City Council or
further Order by the Director of Emergency Services, the closure and reopening of businesses
within the City of Santa Monica, including those specified in sections 1 through 4 and 6 through
8 of the Third Supplement, shall be in accordance with applicable State Executive Orders and
State Health Officer Orders and the County Department of Public Health’s Safer at Home Order,
including any amendments and successors thereto.
3. Should the directives of State Executive Orders, State Health Officer Orders, 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.
4. 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.
5. 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.
6. 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 29th 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 REVISED EIGHTEENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF
THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY
WHEREAS international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
“SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,”
abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and
Department of Public Health declared a local emergency and local public health emergency to
aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the State prepare for broader
spread of COVID-19; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, the City of Santa Monica (“the City”)
cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that
were scheduled to occur through permit or license between March 12, 2020, and March 31,
2020, absent a persuasive showing by the permittee or licensee that the gathering could take
place in accordance with the guidance and directives of public health authorities; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, and to protect the health and safety of the
City workforce, the City announced that Santa Monica City Hall would be closed to the public
and open only to City employees from March 16, 2020, to March 31, 2020; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make emergency funding
available to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
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WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local
emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the
availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised
declaration of local emergency to ensure compliance with all digital signature requirements; and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first
supplemental emergency order placing a temporary moratorium on evictions for non-payment of
rent and temporarily suspending (a) the discontinuation or shut off of water service for residents
and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late
payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late
payment penalties or fees for parking violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second
supplemental emergency order temporarily closing the Santa Monica Pier to the general public;
and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health
issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events
of 50 or more people, requiring certain social distancing measures, and ordering the closure of
certain businesses; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third
supplemental emergency order that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and
fitness centers, and non-medical physical health and beauty businesses; and temporarily
prohibited restaurants, bars, and retail food facilities from serving food on-premises; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive
Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise
restrict a local government’s exercise of its police powers to impose substantive limitations on
residential and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised
Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics,
and emergency shelters in all zoning districts and allow the Director of the Department of
Planning and Community Development or designee to waive development standards, design
review, parking and access requirements, and sign standards related to such uses; to permit
limited service and take-out restaurant uses in any zoning district that allows full-service
restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets,
general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and
automatic approvals; to extend interim zoning ordinances now in effect; to direct that street
sweeping not be conducted unless essential for public health and safety and suspend parking
citations related thereto; to suspend preferential parking rules; to suspend certain regulations
relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and
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WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive
Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N-
25-20 to suspend and waive certain provisions of state and local law, including but not limited to
those provisions in the Bagley-Keene Act and the Brown Act related to the notice and
accessibility requirements for the conduct of public meetings where the physical presence of
public attendees or members of the public body seeking to meet are impliedly or expressly
required; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
First Supplement to the Executive Order of the Director of Emergency Services implementing
eviction protections for residential and commercial tenants and suspending removals of rental
property from the market under the Ellis Act; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus
(BBB) customers, with the exception of Americans with Disabilities Act customers traveling in
mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or
shut-off of water services for residents and businesses based on non-payment of water or sewer
bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c)
refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e)
Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and
(h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking
lots, parking zones, and parking spaces; and suspending penalty assessments related to business
licenses and business improvement district assessments; and
WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the
proclamation and the aforementioned Supplements shall be operative and in effect through April
30, 2020; and
WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive
Order N-33-20 directing all residents of the State of California to heed directives issued by the
State Health Officer on the same date instructing all Californians to stay home except as needed
to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and
limiting gatherings to 9 people or less; and
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
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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
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
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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
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 made via curbside
pick-up or delivery only, and the reopening of all previously closed public trails and trailheads,
public and private golf courses, and new and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying
it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than
non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of
their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child,
marriage, family, mental health, or substance abuse counseling services; specify that, for non-
retail commercial tenants, the protection against eviction will extend only for 30 days after the
expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts
related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent
for a period of 12 months following the expiration of the Order, may not charge commercial
tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90
days following the expiration of the Order, and may not charge non-retail commercial tenants
interest on that unpaid rent during the duration of the Order; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency incorporating the provisions of the Third Revised First
Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were working in Santa
Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons;
incorporating the provisions of the Third Revised First Supplement that, in accordance with the
Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and
5.45.030 to the extent they prohibit retail establishments from providing without charge reusable
grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of
sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of
operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct
of certain loud construction activities, including cement cutting or grinding, sandblasting, and the
use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public
works construction; and
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WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Third and Fourth
Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency
shall be deemed to continue and exist until its termination is proclaimed by the City Council; and
resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be
operative and remain in effect through May 15, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its
safer at home order including requirements that all individuals engaging in outdoor activities,
except for water activities, and all individuals engaging in essential activities whenever there is
or can be contact with other who are non-household members in both public and private places,
must wear a cloth face covering; and
WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency extending the effective dates of the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and requiring all persons leaving their residences for the
limited purposes allowed by the County 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, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
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WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer
At Home Orders; while recognizing that existing community transmission of COVID-19 in the
County continues to present a substantial and significant risk of harm to residents’ health, in light
of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County
with State Executive Orders and State Health Officer Orders that support phased reopening in
accordance with the California Pandemic Resilience Roadmap’s four stage framework, while
maintaining the goals of limiting close contacts with others outside of residents’ households in
both indoor and outdoor spaces and ensuring continued social distancing and adherence to other
infection control procedures – accordingly, the order continued to prohibit indoor and outdoor
public and private gatherings and events except for the limited purposes expressly permitted by
the Order; continued to require compliance with social (physical) distancing requirements
including wearing a cloth face covering whenever there is or can be contact with others who are
non-household members in both public and private spaces; continued to require the closure of
higher-risk businesses, recreational sites, commercial properties, and activities, where more
frequent and prolonged person-to-person contacts are likely to occur; continued to allow
Essential Businesses to operate subject to social distancing requirements; allowed the conditional
reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may
now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and
logistics sector businesses that supply lower-risk retail businesses, non-essential office-based
businesses (while continuing to strongly encourage telework), and indoor malls and shopping
centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths,
while maintaining the closure of public piers; continued to authorize local public entities to
temporarily close certain streets or areas to automobile traffic to allow for increased space for
persons to engage in recreational activity in compliance with social (physical) distancing
requirements; continued to authorize participation in Vehicle-Based Parades in compliance with
all laws and a specified protocol; permitted in-person attendance at faith-based services,
provided that the gathering of congregants is limited to the lower of 25% of the total maximum
building occupancy or a maximum of 100; and permitted participating in in-person protests
subject to the same attendance limits and maintenance of physical distancing; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of
Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was
essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair
salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to
specified conditions; and permitted restaurants and other food facilities that provide sit-down,
dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy;
and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency superseding and replacing the Third Supplement to specify that
closures and re-openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the event of conflict,
and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores
from limitations on delivery hours; and
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WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent
sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant,
for restaurants that open for in-house dining pursuant to the safety protocols required by the
County safer at home order; superseding and replacing Section 5 of the Revised Fourth
Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the
deadlines for planning, review, and permit-related actions; and superseding and replacing
Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent
payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent deferment
program for City commercial tenants whose operations have been closed or significantly
restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor
dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the
consent of the owner and to sidewalks in front of adjacent buildings with the consent of the
owner and authorizing the Finance Director to extend the delinquency date for business license
renewal fees by two months (from September 1 to November 1) for businesses whose ability to
pay has been affected by economic impacts related to COVID-19 or the civil unrest; and
WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was
essentially equivalent to the May 29 Safer At Home Order with the exception that it permitted
outdoor activity to resume at piers and the following business and activities to reopen no earlier
than June 12, 2020 subject to conditions and protocols as stated in the Safer At Home Order:
music film and television production; day camps; fitness facilities; museums; professional sports
without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools
and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels,
shared rental units and similar facilities for tourism travel; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
guidance mandating the use of cloth face coverings by the general public under specified
circumstances when outside the home including when inside of, or in line to enter, any indoor
space and while outdoors in public spaces when maintaining a physical distance of 6 feet from
persons who are not members of the same household or residence is not feasible; and
WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was
essentially equivalent to the June 11 Safer At Home Order with the exception that it clarified the
requirements that individuals leaving their residences must wear face coverings when they are or
can be in contact with or walking past others outside of their household and permitted the
reopening of the following business and activities no earlier than June 19, 2020 subject to
conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering
facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries
and tasting rooms; and
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WHEREAS, as of June 23, 2020, the Los Angeles County Department of Public Health
has confirmed 88,262 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, measures previously 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; and
WHEREAS, continuing social distancing requirements, including limitations on
occupancy at offices and businesses and limitations on construction activities, are expected to
continue to result 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; and
WHEREAS, in light of the detailed, phased approach to reopening adopted by both the
State and County, the City has determined that, as a general matter, reopening of activities and
businesses within the City should be permitted in accordance with State and County orders; and
WHEREAS, the City has an important government interest in maintaining a thriving
business community and protecting the health, safety, and economic welfare of its citizens and
businesses; and
WHEREAS, permitting restaurants and other eligible businesses to temporarily extend
their operations to the areas adjacent to the restaurant, any parking, courtyard, plaza, or other
private open space area owned or leased by the restaurant or eligible business, or adjacent public
parking spaces for outdoor dining or business activities in accordance with this Order will enable
the restaurants and other eligible businesses to operate safely during the pendency of 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:
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IT IS HEREBY ORDERED THAT:
Extension of Deadlines for Planning, Review, and Permit-Related Actions
1. Sections 2 through 6 of this Order supersede and replace Section 5 of the Fourth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency issued March 17, 2020, and Sections 1 through 3 of the Twelfth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency issued April 24, 2020.
2. All deadlines for planning, review, 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 extended for a period of two years, as set forth in
Section 4 below subject to the limitation in Section 3 below. For purposes of this Order,
“deadlines for planning, review, and permit-related actions” shall include, but not be limited to
the following:
a. Deadlines to review, determine the completeness of, or take action on applications
pending as of March 13, 2020, or submitted between March 13, 2020 and the
expiration of this Order, 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 pending as of March 13, 2020, or
submitted between March 13, 2020 and the expiration of this Order, for planning
entitlements, permits, or approvals issued under Article IX of the Santa Monica
Municipal Code.
c. Deadlines for review and approval of applications pending as of March 13, 2020, or
submitted between March 13, 2020 and the expiration of this Order, for a building
permit, plan review and related approvals issued under Article VIII of the Santa
Monica Municipal Code.
d. Deadlines to exercise and continuously pursue the rights granted under planning
entitlements, permits and approvals issued and still active as of March 13, 2020, or
issued between March 13, 2020 and the expiration of this Order under Article IX of
the Santa Monica Municipal Code.
e. Deadlines for expiration of issued building permits, plan reviews and related
approvals issued and still active as of March 13, 2020, or issued between March 13,
2020 and the expiration of this Order under Article VIII of the Santa Monica
Municipal Code.
3. All deadlines for planning, review, and permit-related actions shall be extended for two
years only to the extent consistent with State law and any directives issued by the Governor, and
to the extent State law or any directives issued by the Governor require that the extension be
limited to a lesser period, this Order shall implement an extension limited to that lesser period.
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4. Notwithstanding anything to the contrary in this Order, there shall be no extension of
deadlines for planning, review, and permit-related actions relating to compliance with timelines
set forth in Chapters 8.58, 8.60, 8.64, 8.76, and 8.80 of the Santa Monica Municipal Code, and,
in particular, the time limits for compliance as set forth in Sections 8.58.050, 8.60.040, 8.64.060,
8.76.060, and 8.80.060 of the Santa Monica Municipal Code, unless an application was pending
as of March 13, 2020, or submitted between March 13, 2020 and the expiration of this Order.
For the sake of clarity, the deadlines for planning, review, and permit-related actions relating to
compliance with timelines set forth in Chapter 8.72 for soft story buildings and, specifically, the
time limits for compliance in Section 8.72.050 shall be extended as set forth in Section 2.
5. The extension implemented by Sections 2 and 3 above shall mean that the date on which
action would otherwise have been required to be taken in the absence of this Order shall be
extended by two years, or such lesser time as may be required in accordance with Section 3 of
this Order, from the later of the expiration of this Order or the date on which action would
otherwise have been required to be taken in the absence of this Order..
6. Nothing in Sections 2 through 5 of this Order prohibits the applicable City Departments
from continuing to process applications in a reasonable and timely manner. Nothing in Sections
2 through 5 shall be deemed to create any legal entitlement to the extension granted by this
Order.
City Leases and Licenses
7. Sections 8 through 13 of this Order supersede and replace Sections 3 through 6 of the
Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency issued March 27, 2020.
8. Late payment fees for City leases and licenses are waived during the effective period of
Sections 8 through 13 of this Order.
9. Rent payments for City tenants on the Santa Monica Pier are suspended for the months of
April, May, and June 2020.
10. Outdoor dining license payments for City licensees are suspended for the months of
April, May, June, July, and August 2020.
11. The Director of the Department of Housing and Economic Development or designee, or
the Director of the Community Development Department or designee, is granted discretion to
suspend additional rent or license payments for the months of April, May, June, and July 2020
for City tenants and licensees whose operations have been closed or significantly restricted
pursuant to emergency orders issued by the City, the County of Los Angeles Department of
Public Health, or the Governor of California.
12. The Director of the Department of Housing and Economic Development or designee, or
the Director of the Community Development Department or designee, is further granted
discretion to establish and implement, through administrative direction, guidelines, and/or
regulations, a rent deferment program for City commercial tenants that defers rent and license
payments until the emergency orders issued by the City, the County of Los Angeles Department
of Public Health, or the Governor of California that closed or significantly restricted the
operations of tenants and licensees are lifted or modified such that business are authorized to
open to the public and any remaining restrictions do not require a significant reduction in
operating levels.
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13. The Director of the Department of Housing and Economic Development or designee, or
the Director of the Community Development Department 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.
Extension of Delinquency Date for Business License Renewals
14. The definitions in Santa Monica Municipal Code Section 6.04.010 apply to the words and
phrases used in Sections 14 through 18 of this Order. In addition, as used in Sections 14 through
18 of this Order:
a. “Current licensee” means any licensee who, as of the date of this Order, holds a
valid City of Santa Monica annual business license that, pursuant to Santa Monica
Municipal Code Section 6.04.110(c), shall expire on June 30, 2020;
b. “Delinquent date” means the date on which penalties begin to accrue for
nonpayment of a current licensee’s yearly license renewal fee pursuant to Santa
Monica Municipal Code Section 6.04.160; and
c. “Extension application” means an application submitted by a current licensee, in the
form prescribed pursuant to Section 16 of this Order, requesting an extension of the
delinquent date from September 1, 2020 to November 1, 2020.
15. The Finance Director or designee may approve an extension application submitted by a
current licensee who demonstrates, as determined by the Finance Director or designee in the
exercise of his or her absolute discretion, that the current licensee’s ability to pay the yearly
annual license renewal fee before September 1, 2020 has been adversely affected by economic
impacts related to COVID-19 following the March 13, 2020 declaration of a local emergency
related to COVID-19 or by economic impacts resulting from civil unrest occurring following the
May 30, 2020 declaration of a local emergency related to that civil unrest. Upon approval of an
extension application, the delinquent date shall be extended from September 1, 2020 to
November 1, 2020.
16. To be eligible for an extension of the delinquent date, an extension application must be
submitted by no later than August 31, 2020.
17. The Finance Director or designee shall prescribe the form of the extension application.
Any extension application shall include a declaration submitted under the penalty of perjury
certifying that the current licensee’s ability to pay the yearly annual license renewal fee before
September 1, 2020 has been adversely affected by economic impacts related to COVID-19
following the March 13, 2020 declaration of a local emergency related to COVID-19 or by
economic impacts resulting from civil unrest occurring following the May 30, 2020 declaration
of a local emergency related to that civil unrest. The Finance Director or designee may require a
current licensee to submit as part of an extension application such information and supporting
data, including additional certifications, as the Finance Director or designee considers necessary
to process extension applications.
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18. The Finance Director or designee may promulgate regulations to implement Sections 14
through 17 of this Order. Failure by a current licensee to comply with any such regulations may
constitute grounds for denial of the current licensee’s extension application or the revocation of
any granted extension of the delinquent date.
Temporary Outdoor Dining Extension
19. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and
phrases used in Sections 19 through 27 of this Order. In addition, as used in Sections 19 through
27 of this Order:
a. “Private outdoor space” means all or a portion of a parking lot, courtyard, plaza, or
other private open space area either owned by the restaurant or temporarily used by
the restaurant for outdoor dining as authorized by this Order. The private outdoor
space must be on the same parcel or a contiguous adjacent parcel immediately
adjacent to the restaurant.
b. “Restaurants” mean restaurants, full-service, as that term is defined by Santa
Monica Municipal Code Section 9.51.030(B)(8)(b), or restaurants, limited-service
and take-out, as that term is defined by Santa Monica Municipal Code Section
9.51.030(B)(8)(c).
c. “Sidewalk” means a “sidewalk,” as that term is defined by Santa Monica Municipal
Code Section 9.52.020.2250, or any portion of the Santa Monica Pier, as that term
is defined by Santa Monica Municipal Code Section 6.36.020, that is designated for
temporary outdoor dining pursuant to regulations promulgated by the Director of
Economic Development or designee. For the purposes of Sections 19 through 27 of
this Order, sidewalk does not include the sidewalk in the Third Street Promenade.
20. Sections 19 through 27 of this Order apply to legally established restaurants, excluding
those located on the Third Street Promenade or Pier, that either (a) have an existing outdoor
dining permit, (b) have entered into a Temporary COVID-19 Outdoor Encroachment Agreement
or received a temporary permit from the Director of Economic Development or designee for any
outdoor dining permitted under this Eighteenth Supplement that encroaches on the sidewalk, or
(c) are conducting outdoor dining as permitted by this Order in a private outdoor space. The
Director of Economic Development or designee shall be authorized to draft and enter into a
Temporary COVID-19 Outdoor Encroachment Agreement with an applicant restaurant and may
choose to enter into such agreement on such terms as the Director or designee deems necessary
and to require the submission of additional information or supporting data to ensure ongoing
protection of public health and safety of the City. In lieu of a Temporary COVID-19 Outdoor
Encroachment Agreement, the Director of Economic Development or designee is authorized to
issue a permit for temporary outdoor dining that encroaches on the sidewalk.
21. Restaurants that are permitted to open for on-site food service by applicable State
Executive Orders, State Health Officer Orders, and the County Department of Public Health’s
Safer at Home Order, including any amendments and successors thereto, and that do open for on-
site food service in accordance with such orders and any and all social distancing and infection
control protocols imposed by such orders, shall be permitted to use the sidewalk area adjacent to
the restaurant and any private outdoor space in accordance with the conditions set forth in
Section 23 of this Order.
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22. Restaurants with existing outdoor dining permits shall use the space covered by the
existing outdoor dining permit in accordance with: (a) all social distancing and infection control
protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the
County Department of Public Health’s Safer at Home Order, including any amendments and
successors thereto; and (b) all conditions of the existing outdoor dining permit. Alcohol may be
served only by restaurants that: (a) have obtained and are operating under a license to sell
alcoholic beverages from the California Department of Alcoholic Beverage Control (“ABC”);
and (b) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption
issued by the City, 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. Sales of alcohol shall
be conducted in accordance with all requirements and conditions set forth in such licenses and
permits, as may be modified by any Notices of Regulatory Relief issued by ABC, the Seventh
Supplement to the Executive Order of the Director of Emergency Services Declaring a Local
Emergency issued on March 21, 2020, Interim Zoning Ordinance Numbers 2636 (CCS) and
2637, adopted by the City Council on May 12, 2020, and any successors thereto.
23. Restaurants without existing outdoor dining permits and restaurants that seek to use
additional sidewalk or private outdoor space that exceeds any area covered by an existing
outdoor dining permit, may conduct any such outdoor dining subject to all of the following
conditions:
a. For any encroachment on the sidewalk, restaurants must enter into a Temporary
COVID-19 Outdoor Encroachment Agreement with the City, or, if elected by the
Director of Economic Development or designee pursuant to Section 20, obtain a
permit for such encroachment.
b. Outdoor dining must be conducted in accordance with all social distancing and
infection control protocols imposed by applicable State Executive Orders, State
Health Officer Orders, and the County Department of Public Health’s Safer at
Home Order, including any amendments and successors thereto.
c. Outdoor dining authorized by this Order shall be conducted as a temporary
accessory use to a legally established restaurant that is located on the parcel, on a
contiguous adjacent parcel, or, if the outdoor dining is conducted on a sidewalk,
adjacent to the outdoor dining space. Nothing in this Order shall be considered an
entitlement or permit for use of an outdoor dining and seating area, as that term is
defined by Santa Monica Municipal Code Section 9.51.030(B)(9), or to confer any
vested rights to any ongoing or continuing activities beyond the expiration of this
Order .
d. Adequate pedestrian access on the sidewalk must be provided and maintained,
which is considered to be no less than five (5) feet of unobstructed access.
e. Alcohol may be served only by restaurants that: (i) have obtained and are operating
under a license to sell alcoholic beverages from ABC; and (ii) have obtained and
are operating under a Conditional Use Permit or Alcohol Exemption issued by the
City, 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. Sales shall be
conducted in accordance with all requirements and conditions set forth in such
licenses and permits, as may be modified by any Notices of Regulatory Relief
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issued by ABC, the Seventh Supplement to the Executive Order of the Director of
Emergency Services Declaring a Local Emergency issued on March 21, 2020,
Interim Zoning Ordinance Numbers 2636 (CCS) and 2637, adopted by the City
Council on May 12, 2020, and any successors thereto.
f. Furnishings for outdoor dining are limited to movable tables, chairs, umbrellas that
are secured and maintain the height clearance for sidewalk or pedestrian passage,
and electric cordless lighting. In addition, lighting fixtures may be temporarily
affixed to the exterior portion of the building occupied by the restaurant facing the
outdoor dining area, provided that any such lighting meets applicable California
Electrical Code standards. All movable chairs, tables, umbrellas, and cordless
lighting shall be removed every day upon closing of the outdoor dining service.
Heaters, table lamps using liquid fuel, candles, or any other fixture using an open
flame are not permitted. Barriers are not permitted, except for temporary barriers
required by ABC pursuant to the Fourth Notice of Regulatory Relief issued on May
15, 2020. Any such temporary barriers, if used, must be removed along with all
other furnishings every day upon closing of the outdoor dining service, and must
comply with the requirements imposed on use of other furnishings by subsection h
below.
g. A single, non-permanent sign with the restaurant’s name and an attached menu may
be placed within the outdoor dining area in an area visible to pedestrians on the
sidewalk or adjacent pedestrian area. This sign shall be removed along with all
other outdoor dining furnishings upon closing of the outdoor dining service and
must comply with the requirements imposed on use of other furnishings by
subsection h below.
h. Furnishings, signs, and temporary barriers used for outdoor dining shall not block
any portion of the full width of any legal exit from the building or any exit path
from such legal exit to the public right of way. A minimum of a 44-inch wide exit
path is required to be maintained from each legal exit from the building to the
public right of way.
i. Outdoor dining areas are for sit-down food and beverage service only; no stand-up
service is permitted.
j. No structure or enclosure to accommodate the storage of trash or garbage shall be
erected or placed on, adjacent to, or separate from the outdoor dining area on the
public sidewalk or right-of-way. Outdoor dining areas shall be kept clear of litter at
all times and must be cleaned (swept and mopped) with all litter removed each day
upon closing of the outdoor dining service. The outdoor dining area shall be
maintained by the restaurant, at its sole cost, in a clean and orderly manner at all
times. All food or drink spills must be immediately removed from the sidewalk
area.
k. Hours of operation of the outdoor dining area shall be limited to the hours of
operation of the associated restaurant, subject to limitations on alcohol sales set
forth in all applicable permits, license, and regulations.
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l. Any outdoor dining area use shall be in compliance with the noise restrictions in
Chapter 4.12 of the Santa Monica Municipal Code.
m. All forms of speaker amplification are prohibited in association with the outdoor
dining permitted under this Section.
n. Any outdoor dining area established by conversion of parking areas or other private
outdoor space where there may be vehicle intrusion shall provide for safe separation
of the outdoor dining area from the remaining parking area or other private outdoor
space where there may be vehicle intrusion, such as by the installation of large
planters or other appropriate barrier, so that the outdoor dining space is sufficiently
protected from vehicle intrusion. No accessible parking spaces (ADA spaces),
access aisle, or path of travel shall be converted. In no event shall any such
converted private outdoor space area used for outdoor dining block or cause any
obstruction that would prevent parked vehicles from exiting the parking area. In no
event shall any barrier used to create safe separation block any portion of the full
width of any legal exit from the building or any exit path from such legal exit to the
public right of way. A minimum of a 44-inch wide exit path is required to be
maintained from each legal exit from the building to the public right of way.
o. The area used for outdoor dining may not exceed the area necessary, in accordance
with all social distancing and infection control protocols imposed by applicable
State Executive Orders, State Health Officer Orders, and the County Department of
Public Health’s Safer at Home order, including any amendments and successors
thereto, to permit the combined occupancy of inside dining and outdoor dining to
match the maximum occupancy of the restaurant, including any previously
permitted outdoor dining area, prior to imposition of the social distancing and
infection control protocols.
p. In the event the restaurant seeks to use sidewalk space in front of an adjacent tenant
space(s) or building(s), the restaurant shall obtain prior written consent from the
property owner or tenant of the adjacent building and furnish such consent to the
City upon request.
q. In the event the restaurant seeks to use private outdoor space for outdoor dining as
permitted under this Order, the restaurant shall obtain prior written consent from the
property owner or tenant of the private outdoor space and furnish such consent to
the City upon request.
r. Compliance with all applicable laws and regulations, including, but not limited to,
the American with Disabilities Act.
s. Compliance with minimum insurance requirements for eligible business activities
taking place on the sidewalk as permitted in this Order, as set forth in the
Temporary COVID-19 Outdoor Encroachment Agreement or, if applicable,
temporary permit.
t. Compliance with any other condition(s) required by regulations promulgated
pursuant to Section 26.
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24. Sections 3.12.360, 5.06.020, 6.116.010, and provisions of Article IX of the Santa Monica
Municipal Code, or any conditions to permits previously issued by the City, including, but not
limited to, parking requirements (except for those relating to accessible parking) and maximum
floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate
temporary outdoor dining activities authorized by this Order.
25. Nothing in this Order relieves a restaurant from any obligations or laws requiring consent
of adjacent building owners or tenants for use of private outdoor space. Nothing in this Order
compels a landlord to permit a tenant restaurant to expand its business to a private open space. If
a tenant has granted consent under Section 23(p) or Section 23(q), nothing in this Order relieves
that tenant from any obligation or laws relating to any consent required of the property owner.
26. The Director of Economic Development or designee may promulgate regulations to
implement Sections 19 through 26 of this Order. Such regulations may include, but are not
limited to, the imposition of a fee and additional conditions for conducting the temporary
outdoor dining use authorized by this Order.
27. The City, in its sole and complete discretion, may suspend or revoke any temporary
outdoor dining use authorized by Sections 19 through 27 of this Order for, among other things,
any failure to comply with: (a) the conditions as set forth in Section 23 of this Order;
(b) any regulations issued pursuant to Section 26 of this Order, or (c) any other applicable law.
Temporary Outdoor Dining Extension for Third Street Promenade
28. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and
phrases used in Sections 28 through 36 of this Order. In addition, as used in Sections 28 through
36 of this Order:
a. “Promenade outdoor dining area” means any portion of the sidewalk or roadway in
the Third Street Promenade that is designated for temporary outdoor dining
pursuant to regulations promulgated by the Director of Economic Development or
designee.
b. “Restaurants” mean restaurants, full-service, as that term is defined by Santa
Monica Municipal Code Section 9.51.030(B)(8)(b), or restaurants, limited-service
and take-out, as that term is defined by Santa Monica Municipal Code Section
9.51.030(B)(8)(c).
29. Sections 28 through 36 of this Order apply to legally established restaurants on the Third
Street Promenade that either (a) have an existing outdoor dining permit or (b) have entered into a
temporary outdoor encroachment agreement or received a temporary permit from the Director of
Economic Development or designee for any outdoor dining permitted under this Eighteenth
Supplement that encroaches on the Promenade outdoor dining area. The Director of Economic
Development or designee shall be authorized to draft and enter into a temporary outdoor
encroachment agreement with an applicant restaurant and may choose to enter into such
agreement on such terms as the Director or designee deems necessary and to require the
submission of additional information or supporting data to ensure ongoing protection of public
health and safety of the City. In lieu of a temporary outdoor encroachment agreement, the
Director of Economic Development or designee is authorized to issue a permit for temporary
outdoor dining that encroaches on the Promenade outdoor dining.
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30. Restaurants that are permitted to open for on-site food service by applicable State
Executive Orders, State Health Officer Orders, and the County Department of Public Health’s
Safer at Home Order, including any amendments and successors thereto, and that do open for on-
site food service in accordance with such orders and any and all social distancing and infection
control protocols imposed by such orders, shall be permitted to use the Promenade outdoor
dining area in accordance with the conditions set forth in Section 32 of this Order.
31. Restaurants on the Third Street Promenade with existing outdoor dining permits shall use
the space covered by the existing outdoor dining permit in accordance with: (a) all social
distancing and infection control protocols imposed by applicable State Executive Orders, State
Health Officer Orders, and the County Department of Public Health’s Safer at Home Order,
including any amendments and successors thereto; and (b) all conditions of the existing outdoor
dining permit. Alcohol may be served only by restaurants that: (a) have obtained and are
operating under a license to sell alcoholic beverages from the California Department of
Alcoholic Beverage Control (“ABC”); and (b) have obtained and are operating under a
Conditional Use Permit or Alcohol Exemption issued by the City, 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. Sales of alcohol shall be conducted in accordance with all requirements
and conditions set forth in such licenses and permits, as may be modified by any Notices of
Regulatory Relief issued by ABC, the Seventh Supplement to the Executive Order of the
Director of Emergency Services Declaring a Local Emergency issued on March 21, 2020,
Interim Zoning Ordinance Numbers 2636 (CCS) and 2637, adopted by the City Council on May
12, 2020, and any successors thereto.
32. Restaurants on the Third Street Promenade without existing outdoor dining permits and
restaurants that seek to use the Promenade outdoor dining area that exceeds any area covered by
an existing outdoor dining permit may conduct any such outdoor dining subject to all of the
following conditions:
a. The restaurant must enter into a temporary outdoor encroachment agreement with
the City or, if elected by the Director of Economic Development or designee
pursuant to Section 35, obtain a permit for use of the Promenade outdoor dining
area as authorized by this Order.
b. Outdoor dining must be conducted in accordance with all social distancing and
infection control protocols imposed by applicable State Executive Orders, State
Health Officer Orders, and the County Department of Public Health’s Safer at
Home Order, including any amendments and successors thereto.
c. Outdoor dining authorized by this Order shall be conducted as a temporary
accessory use to a legally established restaurant that is located on the parcel, on a
contiguous adjacent parcel, or, if the outdoor dining is conducted on a sidewalk,
adjacent to the outdoor dining space. Nothing in this Order shall be considered an
entitlement or permit for use of an outdoor dining and seating area, as that term is
defined by Santa Monica Municipal Code Section 9.51.030(B)(9), or to confer any
vested rights to any ongoing or continuing activities beyond the expiration of this
Order .
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d. Adequate pedestrian access on the sidewalk and roadway in the Third Street
Promenade must be provided and maintained, which is considered to be no less than
five (5) feet of unobstructed access.
e. Alcohol may be served only by restaurants that: (i) have obtained and are operating
under a license to sell alcoholic beverages from ABC; and (ii) have obtained and
are operating under a Conditional Use Permit or Alcohol Exemption issued by the
City, 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. Sales shall be
conducted in accordance with all requirements and conditions set forth in such
licenses and permits, as may be modified by any Notices of Regulatory Relief
issued by ABC, the Seventh Supplement to the Executive Order of the Director of
Emergency Services Declaring a Local Emergency issued on March 21, 2020,
Interim Zoning Ordinance Numbers 2636 (CCS) and 2637, adopted by the City
Council on May 12, 2020, and any successors thereto.
f. Furnishings for outdoor dining in the Promenade outdoor dining area are limited to
movable tables, chairs, umbrellas that are secured and maintain the height clearance
for sidewalk or pedestrian passage, and electric cordless lighting. In addition,
lighting fixtures may be temporarily affixed to the exterior portion of the building
occupied by the restaurant facing the Promenade outdoor dining area, provided that
any such lighting meets applicable California Electrical Code standards. All
movable chairs, tables, umbrellas, and cordless lighting shall be removed every day
upon closing of the outdoor dining service. Heaters, table lamps using liquid fuel,
candles, or any other fixture using an open flame are not permitted. Barriers are not
permitted, except for temporary barriers required by ABC pursuant to the Fourth
Notice of Regulatory Relief issued on May 15, 2020. Any such temporary barriers,
if used, must be removed along with all other furnishings every day upon closing of
the outdoor dining service, and must comply with the requirements imposed on use
of other furnishings by subsection h below.
g. A single, non-permanent sign with the restaurant’s name and an attached menu may
be placed within the Promenade outdoor dining area in an area visible to
pedestrians on the sidewalk or roadway in the Third Street Promenade or adjacent
pedestrian area. This sign shall be removed along with all other outdoor dining
furnishings upon closing of the outdoor dining service and must comply with the
requirements imposed on use of other furnishings by subsection h below.
h. Furnishings, signs, and temporary barriers used for outdoor dining shall not block
any portion of the full width of any legal exit from the building or any exit path
from such legal exit to the public right of way. A minimum of a 44-inch wide exit
path is required to be maintained from each legal exit from the building to the
public right of way.
i. Promenade outdoor dining areas are for sit-down food and beverage service only;
no stand-up service is permitted.
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j. No structure or enclosure to accommodate the storage of trash or garbage shall be
erected or placed on, adjacent to, or separate from the Promenade outdoor dining
area on the public sidewalk, roadway, or right-of-way. Promenade outdoor dining
areas shall be kept clear of litter at all times and must be cleaned (swept and
mopped) with all litter removed each day upon closing of the outdoor dining
service. The outdoor dining area shall be maintained by the restaurant, at its sole
cost, in a clean and orderly manner at all times. All food or drink spills must be
immediately removed from the sidewalk area.
k. Hours of operation of the Promenade outdoor dining area shall be limited to the
hours of operation of the associated restaurant, subject to limitations on alcohol
sales set forth in all applicable permits, license, and regulations.
l. Any Promenade outdoor dining area use shall be in compliance with the noise
restrictions in Chapter 4.12 of the Santa Monica Municipal Code.
m. All forms of speaker amplification are prohibited in association with the outdoor
dining permitted under this Section.
n. The Promenade outdoor dining area may not exceed the area necessary, in
accordance with all social distancing and infection control protocols imposed by
applicable State Executive Orders, State Health Officer Orders, and the County
Department of Public Health’s Safer at Home order, including any amendments and
successors thereto, to permit the combined occupancy of inside dining and outdoor
dining to match the maximum occupancy of the restaurant, including any
previously permitted outdoor dining areas, prior to imposition of the social
distancing and infection control protocols.
o. In the event the restaurant seeks to use Promenade outdoor dining area space in
front of an adjacent or neighboring tenant space(s) or building(s), the restaurant
shall obtain prior written consent from the property owner or tenant of the adjacent
or neighboring building and furnish such consent to the City upon request.
p. Compliance with all applicable laws and regulations, including, but not limited to,
the American with Disabilities Act.
q. Compliance with minimum insurance requirements, as set forth in the temporary
outdoor encroachment agreement or, if applicable, permit.
r. Compliance with any other condition(s) required by regulations promulgated
pursuant to Section 35.
33. Sections 3.12.360, 5.06.020, 6.116.010, and provisions of Article IX of the Santa Monica
Municipal Code, or any conditions to permits previously issued by the City, including, but not
limited to, parking requirements (except for those relating to accessible parking) and maximum
floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate
temporary outdoor dining activities authorized by this Order.
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34. If a tenant has granted consent under Section 32(o), nothing in this Order relieves that
tenant from any obligation or laws relating to any consent required of the property owner.
35. The Director of Economic Development or designee may promulgate regulations to
implement Sections 28 through 36 of this Order. Such regulations may include, but are not
limited to, the imposition of a fee and additional conditions for conducting the temporary
outdoor dining use authorized by this Order.
36. The City, in its sole and complete discretion, may suspend or revoke any temporary
outdoor dining use authorized by Sections 28 through 36 of this Order, for, among other things,
any failure to comply with: (a) the conditions as set forth in Section 32 ; (b) any regulations
issued pursuant to Section 35 of this Order, or (c) any other applicable law.
Temporary Outdoor Business Activity Use Extension
37. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and
phrases used in Sections 37 through 45 of this Order. In addition, as used in Sections 37 through
45 of this Order:
a. “Eligible business” means the business has a current business license with the City
and has received any necessary entitlements from the City to operate and the use is
a non-residential use classification and is permitted or conditionally permitted in the
district, other than a liquor store or automobile/vehicle service and repair, minor or
major, as those terms are defined by Santa Monica Municipal Code Section
9.51.030.
b. “Private outdoor space” means all or a portion of a parking lot, courtyard, plaza, or
other private open space area either owned by the eligible business or temporarily
used by the eligible business as authorized by this Order. The private outdoor space
must be on the same parcel or a contiguous adjacent parcel immediately adjacent to
the eligible business..
c. “Sidewalk” means (i) a “sidewalk,” as that term is defined by Santa Monica
Municipal Code Section 9.52.020.2250, (ii) any portion of the Santa Monica Pier,
as that term is defined by Santa Monica Municipal Code Section 6.36.020, that is
designated for temporary eligible business activity pursuant to regulations
promulgated by the Director of Economic Development or designee, or (iii) any
portion of the sidewalk in the Third Street Promenade.
38. Sections 37 through 45 of this Order apply to legally established eligible businesses,
excluding those on the Third Street Promenade, that have entered into a temporary outdoor
encroachment agreement with the City or obtained a temporary permit for outdoor eligible
business activities permitted under this Order that encroaches on the sidewalk, or eligible
businesses that are conducting eligible business activities as authorized by this Order in a private
outdoor space.
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39. Eligible businesses that are permitted to open by applicable State Executive Orders, State
Health Officer Orders, and the County Department of Public Health’s Safer at Home Order,
including any amendments and successors thereto, and that do open in accordance with such
orders and any and all social distancing and infection control protocols imposed by such orders,
shall be permitted to use the sidewalk area adjacent to the eligible business and any private
outdoor space in accordance with the conditions set forth in Section 40. .
40. An eligible business may utilize the sidewalk area adjacent to the eligible business and
any private outdoor space subject to all of the following conditions:
a. For any encroachment on the sidewalk, eligible businesses must enter into a
temporary outdoor encroachment agreement with the City or, if elected by the
Director of Economic Development or designee pursuant to Section 44, obtain a
permit for such encroachment.
b. All eligible business activity must be conducted in accordance with all social
distancing and infection control protocols imposed by applicable State Executive
Orders, State Health Officer Orders, and the County Department of Public Health’s
Safer at Home Order, including any amendments and successors thereto.
c. Eligible business activity authorized by this Order shall be conducted as a
temporary accessory use to a legally established business that is located on the
parcel, on a contiguous adjacent parcel, or, if the eligible business activity is
conducted on a sidewalk, adjacent to the eligible business. Nothing in this Order
shall be considered an entitlement or permit for permanent use of any sidewalk area
or private outdoor space or to confer any vested rights to any ongoing or continuing
activities beyond the expiration of this Order.
d. Adequate pedestrian access on the sidewalk must be provided and maintained,
which is considered to be no less than five (5) feet of unobstructed access.
e. Furnishings for outdoor eligible business activities authorized by this Order are
limited to movable tables, chairs, bookcases, floor covering, exercise equipment,
planter boxes, garment racks, displays of merchandise, umbrellas that are secured
and maintain the height clearance for sidewalk or pedestrian passage, electric
cordless lighting, and other temporary décor (collectively, “temporary
furnishings”). In addition, lighting fixtures may be temporarily affixed to the
exterior portion of the building occupied by the eligible business facing the outdoor
eligible business activity, provided that any such lighting meets applicable
California Electrical Code standards. All temporary furnishings shall be removed
every day upon closing of the outdoor eligible business activities. Heaters, table
lamps using liquid fuel, candles, or any other fixture using an open flame are not
permitted. Barriers are not permitted.
f. A single, non-permanent sign with the eligible business’s name may be placed
within the outdoor eligible business activity area in an area visible to pedestrians on
the sidewalk or adjacent pedestrian area. This sign shall be removed along with all
other temporary furnishings upon closing of the business and must comply with the
requirements imposed on use of other furnishings by subsection g below.
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g. Temporary furnishings and signs used for eligible business activity shall not block
any portion of the full width of any legal exit from the building or any exit path
from such legal exit to the public right of way. A minimum of a 44-inch wide exit
path is required to be maintained from each legal exit from the building to the
public right of way.
h. No structure or enclosure to accommodate the storage of trash or garbage shall be
erected or placed on, adjacent to, or separate from the outdoor eligible business
activity area on the public sidewalk or right-of-way. Outdoor eligible business
activity areas shall be kept clear of litter at all times and must be cleaned (swept and
mopped) with all litter removed each day upon closing of the outdoor dining
service. The outdoor eligible business activity area shall be maintained by the
eligible business, at its sole cost, in a clean and orderly manner at all times. All
food or drink spills must be immediately removed from the sidewalk area.
i. Hours of operation of the outdoor eligible business activity area shall be limited to
the hours of operation of the associated eligible business.
j. Any outdoor eligible business activity area use shall be in compliance with the
noise restrictions in Chapter 4.12 of the Santa Monica Municipal Code.
k. All forms of speaker amplification are prohibited in association with the outdoor
eligible business activity permitted under this Section.
l. Any outdoor eligible business activity area established by conversion of parking
areas or other private outdoor space where there may be vehicle intrusion shall
provide for safe separation of the outdoor eligible business activity area from the
remaining parking area or other private outdoor space where there may be vehicle
intrusion, such as by the installation of large planters or other appropriate barrier, so
that the outdoor eligible business activity space is sufficiently protected from
vehicle intrusion. No accessible parking spaces (ADA spaces), access aisle, or path
of travel shall be converted. In no event shall any such converted private outdoor
space area used for outdoor eligible business activity block or cause any obstruction
that would prevent parked vehicles from exiting the parking area. In no event shall
any barrier used to create safe separation block any portion of the full width of any
legal exit from the building or any exit path from such legal exit to the public right
of way. A minimum of a 44-inch wide exit path is required to be maintained from
each legal exit from the building to the public right of way.
m. The area used for outdoor eligible business activity may not exceed the area
necessary, in accordance with all social distancing and infection control protocols
imposed by applicable State Executive Orders, State Health Officer Orders, and the
County Department of Public Health’s Safer at Home order, including any
amendments and successors thereto, to permit the combined occupancy of inside
eligible business and outdoor eligible business activity to match the maximum
occupancy of the eligible business, prior to imposition of the social distancing and
infection control protocols. Eligible off-site businesses utilizing private outdoor
spaces not associated with the property are not subject to this condition.
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n. In the event the eligible business seeks to use sidewalk space in front of an adjacent
tenant space(s) or building(s), the eligible business shall obtain prior written
consent from the property owner or tenant of the adjacent building and furnish such
consent to the City upon request.
o. In the event the eligible business seeks to use private outdoor space for outdoor
eligible business activity as permitted under this Order, the eligible business shall
obtain prior written consent from the property owner or tenant of the private
outdoor space and furnish such consent to the City upon request.
p. Compliance with all applicable laws and regulations, including, but not limited to,
the American with Disabilities Act.
q. Compliance with minimum insurance requirements for eligible business activities
taking place on the sidewalk as permitted in this Order, as set forth in the temporary
outdoor encroachment agreement or, if applicable, temporary permit.
r. Compliance with any other condition(s) required by regulations promulgated
pursuant to Section 44.
41. Sections 3.12.360, 5.06.020, 6.116.010, and provisions of Article IX of the Santa Monica
Municipal Code, or any conditions to permits previously issued by the City, including, but not
limited to, parking requirements (except for those relating to accessible parking) and maximum
floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate
temporary outdoor eligible business activities authorized by this Order. Notwithstanding the
foregoing, eligible businesses shall comply with the requirements of Santa Monica Municipal
Code 9.31.060, 9.31.070, 9.31.080, and 9.31.340, to the extent applicable to that eligible
business.
42. Nothing in this Order relieves an eligible business from any obligations or laws requiring
consent of adjacent building owners or tenants for use of private outdoor space. Nothing in this
Order compels a landlord to permit a tenant eligible business to expand its business to a private
open space. If a tenant has granted consent under Section 41(n) or Section 41(o), nothing in this
Order relieves that tenant from any obligation or laws relating to any consent required of the
property owner.
43. The Director of Economic Development or designee shall be authorized to draft and enter
into a temporary outdoor encroachment agreement with an applicant eligible business governing
outdoor eligible business activity and may choose to enter into such agreement on such terms as
the Director or designee deems necessary and to require the submission of additional information
or supporting data to ensure ongoing protection of public health and safety of the City. In lieu of
a temporary outdoor encroachment agreement, the Director of Economic Development or
designee is authorized to issue a permit for temporary outdoor eligible business activities that
encroach on the sidewalk.
44. The Director of Economic Development or designee may promulgate regulations to
implement Sections 37 through 45 of this Order. Such regulations may include, but are not
limited to, the imposition of a fee and additional conditions for conducting the temporary
outdoor eligible business activity use authorized by this Order.
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45. The City, in its sole and complete discretion, may suspend or revoke any temporary
outdoor eligible business activity use authorized by Sections 37 through 45of this Order, for,
among other things, any failure to comply with: (a) the conditions as set forth in Section 40;
(b) any regulations issued pursuant to Section 44 of this Order, or (c) any other applicable law.
Temporary Parklet Authorization
46. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and
phrases used in Sections 46 through 57 of this Order. In addition, as used in Sections 46
through 57 of this Order:
a. “Common area” means areas outside of the parklet and that are within the public
right-of-way that are under the control of a Business Improvement District that has
entered into a temporary outdoor encroachment agreement or obtained a temporary
permit as authorized by this Order.
b. “Eligible business” means the business has a current business license with the City
and has received any necessary entitlements from the City to operate and the use is
a non-residential use classification and is permitted or conditionally permitted in the
district, other than a liquor store or automobile/vehicle service and repair, minor or
major, as those terms are defined by Santa Monica Municipal Code Section
9.51.030.
c. “Parklet” means use of public parking space(s) (other than accessible parking
spaces) or a loading space located in the public right-of-way that are adjacent to the
eligible business.
d. “Pilot program parklet” means a City-installed parklet, as part of the Parklet Pilot
Program approved by Council, in the public right-of-way adjacent to its operator’s
principal place of business.
e. “Restaurants” mean restaurants, full-service, as that term is defined by Santa
Monica Municipal Code Section 9.51.030(B)(8)(b), or restaurants, limited-service
and take-out, as that term is defined by Santa Monica Municipal Code Section
9.51.030(B)(8)(c).
47. Sections 46 through 57 of this Order apply to either an individual eligible business or a
Business Improvement District that has entered into a temporary outdoor encroachment
agreement or obtained a temporary permit for, as applicable, its individual eligible business or
eligible businesses or common areas within the Business Improvement District for temporary use
of a parklet or parklets as permitted under this Order.
48. Eligible businesses that are permitted to open by applicable State Executive Orders, State
Health Officer Orders, and the County Department of Public Health’s Safer at Home Order,
including any amendments and successors thereto, and that do open in accordance with such
orders and any and all social distancing and infection control protocols imposed by such orders,
shall be permitted to use a parklet in accordance with the conditions set forth in Section 49 and
the design and safety specifications in Section 50 of this Order.
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49. An eligible business may utilize a parklet subject to all of the following conditions:
a. The eligible business or the applicable Business Improvement District must enter
into a temporary outdoor encroachment agreement with the City or, if elected by the
Director of Economic Development or designee pursuant to Section 55, obtain a
permit for use of the parklet as authorized by this Order.
b. All eligible business activity must be conducted in accordance with all social
distancing and infection control protocols imposed by applicable State Executive
Orders, State Health Officer Orders, and the County Department of Public Health’s
Safer at Home Order, including any amendments and successors thereto.
c. Eligible business activity authorized by this Order shall be conducted as a
temporary accessory use to a legally established business that is located adjacent to
the parklet. Nothing in this Order shall be considered an entitlement or permit for
permanent use of any temporary parklet, including, but not limited to, a permit for
outdoor dining and seating area, as that term is defined by Santa Monica Municipal
Code Section 9.51.030(B)(9), or to confer any vested rights to any ongoing or
continuing activities beyond the expiration of this Order.
d. Adequate pedestrian access on the sidewalk adjacent to the parklet must be
provided and maintained, which is considered to be no less than five (5) feet of
unobstructed access.
e. Alcohol may be served in the parklet only by restaurants that: (i) have obtained and
are operating under a license to sell alcoholic beverages from ABC; and (ii) have
obtained and are operating under a Conditional Use Permit or Alcohol Exemption
issued by the City, 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. Sales shall be conducted in accordance with all requirements and
conditions set forth in such licenses and permits, as may be modified by any
Notices of Regulatory Relief issued by ABC, the Seventh Supplement to the
Executive Order of the Director of Emergency Services Declaring a Local
Emergency issued on March 21, 2020, Interim Zoning Ordinance Numbers 2636
(CCS) and 2637, adopted by the City Council on May 12, 2020, and any successors
thereto.
f. Furnishings utilized in the parklet or common area, other than traffic barriers
required by Section 50, are limited to movable tables, chairs, bookcases, floor
covering, exercise equipment, planter boxes, garment racks, displays of
merchandise, umbrellas that are secured and maintain the height clearance for
sidewalk or pedestrian passage, electric cordless lighting, and other temporary
décor (collectively, “temporary furnishings”). In addition, lighting fixtures may be
temporarily affixed to the exterior portion of the building occupied by the eligible
business facing the parklet, provided that any such lighting meets applicable
California Electrical Code standards. All temporary furnishings shall be removed
every day upon closing of the business. Heaters, table lamps using liquid fuel,
candles, or any other fixture using an open flame are not permitted. Barriers, other
than traffic barriers required by Section 50, are not permitted, except for temporary
barriers required by ABC pursuant to the Fourth Notice of Regulatory Relief issued
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on May 15, 2020. Any such temporary barriers, if used, must be removed along
with all other furnishings every day upon closing of the outdoor dining service.
g. A single, non-permanent sign with the eligible business’s name and, if applicable,
an attached menu for a restaurant may be placed within the parklet in an area visible
to pedestrians on the sidewalk or adjacent pedestrian area. This sign shall be
removed along with all other temporary furnishings upon closing of the business.
h. Any outdoor dining in the parklet is for sit-down food and beverage service only;
no stand-up service is permitted.
i. No structure or enclosure to accommodate the storage of trash or garbage shall be
erected or placed on, adjacent to, or separate from the parklet on the public
sidewalk or right-of-way. The parklet shall be kept clear of litter at all times and
must be cleaned (swept and mopped) with all litter removed each day upon closing
of the eligible business. The parklet shall be maintained by the eligible business, at
its sole cost, in a clean and orderly manner at all times. All food or drink spills
must be immediately removed from the parklet.
j. Hours of operation of the parklet shall be limited to the hours of operation of the
associated eligible business, subject to limitations on alcohol sales set forth in all
applicable permits, license, and regulations.
k. All eligible business activity shall be in compliance with the noise restrictions in
Chapter 4.12 of the Santa Monica Municipal Code.
l. All forms of speaker amplification are prohibited.
m. The area used for outdoor eligible business activity in the parklet may not exceed
the area necessary, in accordance with all social distancing and infection control
protocols imposed by applicable State Executive Orders, State Health Officer
Orders, and the County Department of Public Health’s Safer at Home order,
including any amendments and successors thereto, to permit the combined
occupancy of inside eligible business and outdoor eligible business activity to
match the maximum occupancy of the eligible business, prior to imposition of the
social distancing and infection control protocols.
n. In the event the eligible business seeks to use parking or loading spaces in front of
an adjacent or neighboring tenant space(s) or building(s) for the parklet, the eligible
business shall obtain prior written consent from the property owner or tenant of the
adjacent or neighboring building and furnish such consent to the City upon request.
o. All merchandise or services displayed in the parklet shall be of the same types
ordinarily sold indoors at the associated eligible business.
p. As applied to Business Improvement Districts that have entered into a temporary
outdoor encroachment agreement or obtained a temporary permit as authorized by
this Order, the Business Improvement District shall be responsible, at its sole cost,
for the maintenance of the common areas and ensuring compliance with social
distancing and infection control protocols imposed by applicable State Executive
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Orders, State Health Officer Orders, and the County Department of Public Health’s
Safer at Home Order, including any amendments and successors thereto, in the
common areas.
q. The eligible business shall at all times use due care in its operation of the parklet to
avoid any causing or creating damage to the public right-of-way used for the
parklet. Eligible business shall immediately inform the City of any actual or
potential damage to the public right-of-way used for the parklet, and eligible
business must reimburse the City within 30 days of receiving a written request for
any all costs to repair such damage, if caused by eligible business.
r. The City maintains the right to make periodic inspections of the parklet, at any time
and without notice to the eligible business.
s. Compliance with all applicable laws and regulations, including, but not limited to,
the American with Disabilities Act.
t. Compliance with minimum insurance requirements, as set forth in the temporary
outdoor encroachment agreement or, if applicable, temporary permit.
u. Compliance with any other condition(s) required by regulations promulgated
pursuant to Section 55.
50. Any parklet, other than a pilot program parklet, utilized pursuant to this Order shall meet
the following design and safety specifications:
a. The parklet shall not be placed within 15 feet of a fire hydrant, or otherwise
covering or blocking any public utility infrastructure or storm drains. The parklet
shall not be placed in a red zone without prior approval from the City, following
review of site conditions.
b. There shall be at least one parking space between the parklet and an upstream
intersection.
c. Parklets may only be utilized in streets that have (i) a speed limit of 25 miles per
hour or less, or (ii) a speed limit of 30 miles per hour and either a Class II or IV
bikeway, as those terms are defined by California State & Highway Code Section
890.4.
d. The parklet shall be installed within the existing parking or loading space (typically
7-8 feet in width). Where a bikeway is not present, the parklet shall provide a one
foot setback from the travel lane. If there is a bikeway present, the parklet may
extend to the edge of the bikeway.
e. A parklet may extend into the sidewalk adjacent to the eligible business, provided
that minimum adequate pedestrian access on the sidewalk is provided and
maintained, which is considered to be no less than five (5) feet of unobstructed
access.
f. Traffic barriers shall surround the parklet and shall meet the following
requirements:
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i. Have continuous side and end railing 36 to 42 inches high with any
openings no larger than 4 inches wide. A water-filled “Jersey Barrier” or
concrete “K” rail may be used, provided that it is at least 32” high.
ii. If cable or flexible rail is used, such railings shall have a solid rail at the
top and a solid rail at the bottom, which shall be at least 5 inches high
from the floor.
iii. The railing must be able to withstand 250 lb force in any direction.
iv. In addition to the railing, a planter or weighted barrier shall be placed at
the upstream end of the parklet and, on streets that have a speed limit of 30
mph, planters shall be spaced along the street facing side of the parklet.
Planters are preferred along the street side of the parklet in all areas.
Planters may not encroach into bike lanes or vehicle travel lanes. Any
such planters shall be at least 17 inches high and 12 inches wide
v. Retroreflective materials shall be used on the upstream end and along the
side of the barriers, such as vertical delineators or attachments to the
parklet exterior.
g. Each parklet shall be installed with a curb stop and a four foot separation from
adjacent parking or loading spaces, provided that such spaces have not been
converted into a parklet.
h. Temporary ramps from the sidewalk to the parklet, if required to maintain
accessibility to the parklet, shall comply with the slope requirements of the
California Building Code.
i. The parklet shall not obstruct access to existing trees and plantings.
j. Compliance with any other design or safety specification(s) required by regulations
promulgated pursuant to Section 55.
51. To the extent the City authorizes a parking lane closure for an entire City block, the City
reserves the right to undertake installation of the traffic barriers required by Section 50(f). An
eligible business otherwise remains responsible for installing and complying with the design and
safety specifications set forth in Section 50, unless otherwise agreed to by the City.
52. Sections 3.12.360, 5.06.020, 6.116.010, and provisions of Article IX of the Santa Monica
Municipal Code, or any conditions to permits previously issued by the City, including, but not
limited to, parking requirements (except for those relating to accessible parking) and maximum
floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate
temporary parklet use authorized by this Order. Notwithstanding the foregoing, eligible
businesses shall comply with the requirements of Santa Monica Municipal Code 9.31.060,
9.31.070, 9.31.080, and 9.31.340, to the extent applicable to that eligible business.
53. If a tenant has granted consent under Section 49(n), nothing in this Order relieves that
tenant from any obligation or laws relating to any consent required of the property owner.
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54. The Director of Economic Development or designee shall be authorized to draft and enter
into a temporary outdoor encroachment agreement with an applicant (either an individual eligible
business or a Business Improvement District) and may choose to enter into such agreement on
such terms as the Director or designee deems necessary and to require the submission of
additional information or supporting data to ensure ongoing protection of public health and
safety of the City, including, but not limited to, a site plan. The Director of Economic
Development or designee retains the discretion to decline to enter into a temporary parklet
agreement for any reason, including, if the location of the proposed parklet interferes with a
planned or future City project. In lieu of a temporary outdoor encroachment agreement, the
Director of Economic Development or designee is authorized to issue a permit for parklet use as
authorized by this Order.
55. The Director of Economic Development or designee may promulgate regulations to
implement Sections 46 through 57 of this Order. Such regulations may include, but are not
limited to, the imposition of a fee, additional conditions, or additional design and safety
specifications for use or operation of the temporary parklet authorized by this Order.
56. A pilot program parklet may serve as a parklet in accordance with and during the term of
this Order, provided its operator complies with the conditions set forth in Section 49.
57. The City, in its sole and complete discretion, may suspend or revoke any parklet use
authorized by Sections 46 through 57 of this Order, for, among other things, any failure to
comply with: (a) the conditions as set forth in Section 49; (b) the design and safety specifications
set forth in Section 50; (c) any regulations issued pursuant to Section 55 of this Order, or (d) any
other applicable law.
Temporary Use Permit
58. Business Improvement Districts and individual eligible businesses that have obtained a
Temporary Use Permit in accordance with Santa Monica Municipal Code Chapter 9.44 may
conduct sidewalk sales and other seasonal sales in accordance with Santa Monica Municipal
Code 9.31.370, Temporary Uses and Seasonal Sales, without otherwise complying with the
provisions of this Order.
59. All processing time frames and fees for Temporary Use Permits for conducting sidewalk
sales and other seasonal sales in accordance with Santa Monica Municipal Code 9.31.370 are
hereby waived for any applications submitted before September 7, 2020.
Pier
60. This Order supersedes and replaces the Second Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency issued March 16,
2020.
61. For purposes of Sections 60 to 62 of this Order, the Santa Monica Pier shall mean the
City property that comprises the Santa Monica Municipal Pier and the Newcomb Pier.
62. The Santa Monica Pier shall reopen as of June 24, 2020, subject to any conditions on
phrased reopening of the Santa Monica Pier required by the Santa Monica Pier administrator and
applicable State Executive Orders, State Health Officer Orders, and the County Department of
Public Health’s Safer at Home Order, including any amendments and successors thereto.
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GENERAL PROVISIONS
63. This Order shall take effect immediately and, unless extended or expressly superseded by
a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency
Services: (a) Sections 1 through 8, and 10 through 12 shall remain in effect until June 30, 2020;
(b) Section 9 shall remain in effect until August 31, 2020; (c) Sections 13 through 17 shall
remain in effect until October 31, 2020; and (d) Sections 18 through 62 shall remain in effect
until September 7, 2020.
64. 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 23rd 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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NINETEENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR
OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
“SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,”
abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and
Department of Public Health declared a local emergency and local public health emergency to
aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the State prepare for broader
spread of COVID-19; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, the City of Santa Monica (“the City”)
cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that
were scheduled to occur through permit or license between March 12, 2020, and March 31,
2020, absent a persuasive showing by the permittee or licensee that the gathering could take
place in accordance with the guidance and directives of public health authorities; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, and to protect the health and safety of the
City workforce, the City announced that Santa Monica City Hall would be closed to the public
and open only to City employees from March 16, 2020, to March 31, 2020; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make emergency funding
available to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
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WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local
emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the
availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised
declaration of local emergency to ensure compliance with all digital signature requirements; and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first
supplemental emergency order placing a temporary moratorium on evictions for non-payment of
rent and temporarily suspending (a) the discontinuation or shut off of water service for residents
and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late
payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late
payment penalties or fees for parking violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second
supplemental emergency order temporarily closing the Santa Monica Pier to the general public;
and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health
issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events
of 50 or more people, requiring certain social distancing measures, and ordering the closure of
certain businesses; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third
supplemental emergency order that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and
fitness centers, and non-medical physical health and beauty businesses; and temporarily
prohibited restaurants, bars, and retail food facilities from serving food on-premises; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive
Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise
restrict a local government’s exercise of its police powers to impose substantive limitations on
residential and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised
Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics,
and emergency shelters in all zoning districts and allow the Director of the Department of
Planning and Community Development or designee to waive development standards, design
review, parking and access requirements, and sign standards related to such uses; to permit
limited service and take-out restaurant uses in any zoning district that allows full-service
restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets,
general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and
automatic approvals; to extend interim zoning ordinances now in effect; to direct that street
sweeping not be conducted unless essential for public health and safety and suspend parking
citations related thereto; to suspend preferential parking rules; to suspend certain regulations
relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and
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WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive
Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N-
25-20 to suspend and waive certain provisions of state and local law, including but not limited to
those provisions in the Bagley-Keene Act and the Brown Act related to the notice and
accessibility requirements for the conduct of public meetings where the physical presence of
public attendees or members of the public body seeking to meet are impliedly or expressly
required; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
First Supplement to the Executive Order of the Director of Emergency Services implementing
eviction protections for residential and commercial tenants and suspending removals of rental
property from the market under the Ellis Act; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus
(BBB) customers, with the exception of Americans with Disabilities Act customers traveling in
mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or
shut-off of water services for residents and businesses based on non-payment of water or sewer
bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c)
refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e)
Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and
(h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking
lots, parking zones, and parking spaces; and suspending penalty assessments related to business
licenses and business improvement district assessments; and
WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the
proclamation and the aforementioned Supplements shall be operative and in effect through April
30, 2020; and
WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive
Order N-33-20 directing all residents of the State of California to heed directives issued by the
State Health Officer on the same date instructing all Californians to stay home except as needed
to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and
limiting gatherings to 9 people or less; and
WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that
the City may assess the financial impacts of COVID-19 prior to engaging in collective
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bargaining, and suspending various human resources processes in order to decrease in-person
meetings and enable effective emergency response, including suspending requirements
associated with the administration of competitive examinations and the appointment of
individuals from eligibility lists; suspending certain requirements and minimum qualifications
associated with the appointment of temporary, limited-term, and as-needed employees; and
modifying the Municipal Code to state that certain additional appointments will be subject to a
probationary period; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California
Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting
restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site
consumption via delivery and take-out; and
WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all
nonessential businesses and prohibiting gatherings of non-household members; and
WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica
the Executive Order N-33-20, issued by the Governor of the State of California on March 19,
2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of
COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020
(the “County 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
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City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses
and outdoor dining license payments for City licensees for the month of April, granting the
Director of the Department of Housing and Community Development discretion to suspend
additional rent or license payments for the month of April for City tenants and licensees whose
operations have been closed pursuant to emergency orders issued by the City, the County of Los
Angeles Department of Public Health, or the Governor of California, authorizing the City to
delay responses and productions of records in response to public record requests under specified
circumstances, and extending by one month Santa Monica Fire Department annual permits of
operation set to expire on May 1, 2020; and
WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the County 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 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, 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
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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 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 made via curbside
pick-up or delivery only, and the reopening of all previously closed public trails and trailheads,
public and private golf courses, and new and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying
it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than
non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of
their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child,
marriage, family, mental health, or substance abuse counseling services; specify that, for non-
retail commercial tenants, the protection against eviction will extend only for 30 days after the
expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts
related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent
for a period of 12 months following the expiration of the Order, may not charge commercial
tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90
days following the expiration of the Order, and may not charge non-retail commercial tenants
interest on that unpaid rent during the duration of the Order; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency incorporating the provisions of the Third Revised First
Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were working in Santa
Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons;
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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
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its
safer at home order including requirements that all individuals engaging in outdoor activities,
except for water activities, and all individuals engaging in essential activities whenever there is
or can be contact with other who are non-household members in both public and private places,
must wear a cloth face covering; and
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WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency extending the effective dates of the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and requiring all persons leaving their residences for the
limited purposes allowed by the County Department of Public Health’s Safer at Home Order to
strictly comply with the social (physical) distancing requirements stated in that Order or County
Department of Public Health guidance or protocols, including in particular the requirement that
cloth face masks must be worn whenever there is or may be contact with others who are non-
household members, including while engaging in permitted outdoor activities other than water
activities; and
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume
in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking prohibitions for street
sweeping during the days and times indicated, but only during the first full week of each month,
which is when the street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
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parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer
At Home Orders; while recognizing that existing community transmission of COVID-19 in the
County continues to present a substantial and significant risk of harm to residents’ health, in light
of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County
with State Executive Orders and State Health Officer Orders that support phased reopening in
accordance with the California Pandemic Resilience Roadmap’s four stage framework, while
maintaining the goals of limiting close contacts with others outside of residents’ households in
both indoor and outdoor spaces and ensuring continued social distancing and adherence to other
infection control procedures – accordingly, the order continued to prohibit indoor and outdoor
public and private gatherings and events except for the limited purposes expressly permitted by
the Order; continued to require compliance with social (physical) distancing requirements
including wearing a cloth face covering whenever there is or can be contact with others who are
non-household members in both public and private spaces; continued to require the closure of
higher-risk businesses, recreational sites, commercial properties, and activities, where more
frequent and prolonged person-to-person contacts are likely to occur; continued to allow
Essential Businesses to operate subject to social distancing requirements; allowed the conditional
reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may
now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and
logistics sector businesses that supply lower-risk retail businesses, non-essential office-based
businesses (while continuing to strongly encourage telework), and indoor malls and shopping
centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths,
while maintaining the closure of public piers; continued to authorize local public entities to
temporarily close certain streets or areas to automobile traffic to allow for increased space for
persons to engage in recreational activity in compliance with social (physical) distancing
requirements; continued to authorize participation in Vehicle-Based Parades in compliance with
all laws and a specified protocol; permitted in-person attendance at faith-based services,
provided that the gathering of congregants is limited to the lower of 25% of the total maximum
building occupancy or a maximum of 100; and permitted participating in in-person protests
subject to the same attendance limits and maintenance of physical distancing; and
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WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the
local emergency shall be deemed to continue and exist until its termination is proclaimed by the
City Council; and resolved that the Fourth Revised First and Second through Sixteenth
Supplements shall be operative and remain in effect through June 30, 2020, or any later date
expressly stated within the text of an individual supplement; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of
Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was
essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair
salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to
specified conditions; and permitted restaurants and other food facilities that provide sit-down,
dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy;
and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency superseding and replacing the Third Supplement to specify that
closures and re-openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the event of conflict,
and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores
from limitations on delivery hours; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent
sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant,
for restaurants that open for in-house dining pursuant to the safety protocols required by the
County safer at home order; superseding and replacing Section 5 of the Revised Fourth
Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the
deadlines for planning, review, and permit-related actions; and superseding and replacing
Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent
payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent deferment
program for City commercial tenants whose operations have been closed or significantly
restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised
Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring
the Existence of a Local Emergency extending the authorization for temporary outdoor dining in
the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent
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of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and
authorizing the Finance Director to extend the delinquency date for business license renewal fees
by two months (from September 1 to November 1) for businesses whose ability to pay has been
affected by economic impacts related to COVID-19 or the civil unrest; and
WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised
Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30,
2020, or any later date expressly stated within the text of an individual supplement; and
WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially
equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor
activity to resume at piers and the following business and activities to reopen no earlier than June
12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film
and television production; day camps; fitness facilities; museums; professional sports without
audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and
splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared
rental units and similar facilities for tourism travel; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing
temporary eviction moratorium and extended the period for which unpaid rent will be subject to
that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified
the temporary eviction moratorium, defining three different categories of commercial tenants,
each of which receives varying protections, and encouraging landlords and commercial tenants
to negotiate modifications to rental agreements and payment plans to accommodate changed
economic circumstances of commercial landlords and tenants arising from the financial
impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
guidance mandating the use of cloth face coverings by the general public under specified
circumstances when outside the home including when inside of, or in line to enter, any indoor
space and while outdoors in public spaces when maintaining a physical distance of 6 feet from
persons who are not members of the same household or residence is not feasible; and
WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
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Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially
equivalent to the June 11 Safer At Home Order with the exception that it clarified the
requirements that individuals leaving their residences must wear face coverings when they are or
can be in contact with or walking past others outside of their household and permitted the
reopening of the following business and activities no earlier than June 19, 2020 subject to
conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering
facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries
and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive
Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of
Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in-
store redemption of beverage containers and temporarily suspending the requirement for
recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth
paragraph of Executive Order N-54-20, which had suspended Public Resources Code section
42283’s prohibitions relating to retail establishments providing bags to customers at point of
sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be
operative and remain in effect through June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and
Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles
County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders
issued by the Los Angeles County Board of Supervisors, recognized the extension of the
County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application
of the moratorium commercial tenancies where the tenant has more than 100 employees and
commercial tenancies where the tenant is a multinational company or a publicly traded company;
and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth
Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the
Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24,
2020; extend the suspension of outdoor dining license payments for City licensees through
August 2020; extend the deadline for applications for extensions of the delinquency date for
business license renewals to August 31, 2020; extend the authorization for temporary dining to
adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent
buildings with the consent of either the owner or tenant; extend the authorization for temporary
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dining to areas of the Pier to be specified by the Director of Economic Development subject to
specified conditions and any additional regulations; extend the authorization for temporary
dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by
the Director of Economic Development subject to specified conditions and any additional
regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private
outdoor space, and areas of the Pier to be specified by the Director of Economic Development
for business activities other than temporary dining, subject to specified conditions and any
additional regulations; authorize restaurants and other businesses to establish temporary parklets
for business activities and outdoor dining in on-street parking and loading spaces adjacent to the
restaurant or business, subject to specified conditions, specified design and safety specifications,
and any additional regulations; and specify that for compliance with certain specified mandatory
seismic retrofitting requirements, the two-year extension for planning, review, and permit-related
actions applies only if an application was pending as of March 13, 2020 or submitted between
March 13, 2020 and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some
counties and the need to reduce non-essential gatherings where mixing and disease spread occur,
the California Department of Public Health ordered the closure in certain counties, including Los
Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that
had reopened after June 12 in accordance with prior state and local guidance and reemphasized
that alcohol can only be sold in such establishments in the same transaction as a meal; and
WHEREAS, as of June 28, 2020, the Los Angeles County Department of Public Health
has confirmed 97,894 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 continuing spread of COVID-19, the resulting recognition by both State
and County officials that social distancing requirements remain necessary, the move by both the
State and County into Stage 3 of California’s Pandemic Resilience Roadmap, and the resulting
reopening, subject to specified conditions and protocols, of more businesses and activities,
warrant the continuation of the majority of the Supplements to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency but support
allowing certain portions of those Supplements to expire as currently scheduled as of June 30,
2020; 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.
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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:
1. Subject to the exceptions stated in Section 2 of this Order, the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth
Supplements to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency shall be extended to be operative and remain in effect until July
31, 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.
2. The following provisions of previously-issued supplements are not extended by this
Order and shall therefore no longer be operative or in effect as of June 30, 2020 at 11:59 pm:
a. Revised Fifth Supplement, Section 3, subsection f -- as a result, the imposition of
late payment penalties for unpaid or delinquent Transient Occupancy Taxes will
resume as of July 1, 2020;
b. Revised Fifth Supplement, Section 3, subsection g – as a result the imposition of
late payment penalties for unpaid or delinquent Utility Users Taxes will resume as
of July 1, 2020;
c. Revised Fifth Supplement, Section 3, subsection h – as a result the imposition of
late payment penalties for unpaid or delinquent Parking Facility Taxes will resume
as of July 1, 2020;
d. Revised Fifth Supplement, Section 4, as it applies to abandoned vehicles – as a
result, towing for violations of the California Vehicle Code related to abandoned
vehicles will resume as of July 1, 2020, but the suspension of towing for violations
of the California Vehicle Code related to parking citations and expired registration
is extended and will remain operative and in effect through the expiration of the
Revised Fifth Supplement;
e. Thirteenth Supplement, Section 3 – as a result the suspension of Santa Monica
Municipal Code sections 5.45.020 and 5.45.030, 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, shall expire as of June 30, 2020;
f. Thirteenth Supplement, Section 4 – as a result, Santa Monica Fire department
annual permits of operation the expiration of which was extended to July 1, 2020
by Section 4 of the Thirteenth Supplement shall expire on July 1, 2020; and
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g. Fifteenth Supplement, Section 2, as it applies to the suspension of parking citations
associated with street sweeping – as a result, the issuance of parking citations
associated with street sweeping may resume as of July 1, 2020.
3. This Order shall take effect immediately and, unless extended or expressly superseded by
a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency
Services shall remain in effect until July 31, 2020.
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 29th 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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FIRST REVISED TWENTIETH SUPPLEMENT TO THE EXECUTIVE ORDER OF
THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY
WHEREAS international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
“SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,”
abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and
Department of Public Health declared a local emergency and local public health emergency to
aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the State prepare for broader
spread of COVID-19; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, the City of Santa Monica (“the City”)
cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that
were scheduled to occur through permit or license between March 12, 2020, and March 31,
2020, absent a persuasive showing by the permittee or licensee that the gathering could take
place in accordance with the guidance and directives of public health authorities; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, and to protect the health and safety of the
City workforce, the City announced that Santa Monica City Hall would be closed to the public
and open only to City employees from March 16, 2020, to March 31, 2020; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make emergency funding
available to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
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WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local
emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the
availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised
declaration of local emergency to ensure compliance with all digital signature requirements; and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first
supplemental emergency order placing a temporary moratorium on evictions for non-payment of
rent and temporarily suspending (a) the discontinuation or shut off of water service for residents
and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late
payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late
payment penalties or fees for parking violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second
supplemental emergency order temporarily closing the Santa Monica Pier to the general public;
and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health
issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events
of 50 or more people, requiring certain social distancing measures, and ordering the closure of
certain businesses; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third
supplemental emergency order that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and
fitness centers, and non-medical physical health and beauty businesses; and temporarily
prohibited restaurants, bars, and retail food facilities from serving food on-premises; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive
Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise
restrict a local government’s exercise of its police powers to impose substantive limitations on
residential and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised
Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics,
and emergency shelters in all zoning districts and allow the Director of the Department of
Planning and Community Development or designee to waive development standards, design
review, parking and access requirements, and sign standards related to such uses; to permit
limited service and take-out restaurant uses in any zoning district that allows full-service
restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets,
general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and
automatic approvals; to extend interim zoning ordinances now in effect; to direct that street
sweeping not be conducted unless essential for public health and safety and suspend parking
citations related thereto; to suspend preferential parking rules; to suspend certain regulations
relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and
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WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive
Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N-
25-20 to suspend and waive certain provisions of state and local law, including but not limited to
those provisions in the Bagley-Keene Act and the Brown Act related to the notice and
accessibility requirements for the conduct of public meetings where the physical presence of
public attendees or members of the public body seeking to meet are impliedly or expressly
required; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
First Supplement to the Executive Order of the Director of Emergency Services implementing
eviction protections for residential and commercial tenants and suspending removals of rental
property from the market under the Ellis Act; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus
(BBB) customers, with the exception of Americans with Disabilities Act customers traveling in
mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or
shut-off of water services for residents and businesses based on non-payment of water or sewer
bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c)
refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e)
Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and
(h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking
lots, parking zones, and parking spaces; and suspending penalty assessments related to business
licenses and business improvement district assessments; and
WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the
proclamation and the aforementioned Supplements shall be operative and in effect through April
30, 2020; and
WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive
Order N-33-20 directing all residents of the State of California to heed directives issued by the
State Health Officer on the same date instructing all Californians to stay home except as needed
to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and
limiting gatherings to 9 people or less; and
WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that
the City may assess the financial impacts of COVID-19 prior to engaging in collective
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bargaining, and suspending various human resources processes in order to decrease in-person
meetings and enable effective emergency response, including suspending requirements
associated with the administration of competitive examinations and the appointment of
individuals from eligibility lists; suspending certain requirements and minimum qualifications
associated with the appointment of temporary, limited-term, and as-needed employees; and
modifying the Municipal Code to state that certain additional appointments will be subject to a
probationary period; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California
Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting
restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site
consumption via delivery and take-out; and
WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all
nonessential businesses and prohibiting gatherings of non-household members; and
WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica
the Executive Order N-33-20, issued by the Governor of the State of California on March 19,
2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of
COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020
(the “County 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
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City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses
and outdoor dining license payments for City licensees for the month of April, granting the
Director of the Department of Housing and Community Development discretion to suspend
additional rent or license payments for the month of April for City tenants and licensees whose
operations have been closed pursuant to emergency orders issued by the City, the County of Los
Angeles Department of Public Health, or the Governor of California, authorizing the City to
delay responses and productions of records in response to public record requests under specified
circumstances, and extending by one month Santa Monica Fire Department annual permits of
operation set to expire on May 1, 2020; and
WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the County 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 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, 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
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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 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 made via curbside
pick-up or delivery only, and the reopening of all previously closed public trails and trailheads,
public and private golf courses, and new and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying
it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than
non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of
their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child,
marriage, family, mental health, or substance abuse counseling services; specify that, for non-
retail commercial tenants, the protection against eviction will extend only for 30 days after the
expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts
related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent
for a period of 12 months following the expiration of the Order, may not charge commercial
tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90
days following the expiration of the Order, and may not charge non-retail commercial tenants
interest on that unpaid rent during the duration of the Order; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency incorporating the provisions of the Third Revised First
Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were working in Santa
Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons;
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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
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its
safer at home order including requirements that all individuals engaging in outdoor activities,
except for water activities, and all individuals engaging in essential activities whenever there is
or can be contact with other who are non-household members in both public and private places,
must wear a cloth face covering; and
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WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency extending the effective dates of the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and requiring all persons leaving their residences for the
limited purposes allowed by the County Department of Public Health’s Safer at Home Order to
strictly comply with the social (physical) distancing requirements stated in that Order or County
Department of Public Health guidance or protocols, including in particular the requirement that
cloth face masks must be worn whenever there is or may be contact with others who are non-
household members, including while engaging in permitted outdoor activities other than water
activities; and
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume
in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking prohibitions for street
sweeping during the days and times indicated, but only during the first full week of each month,
which is when the street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
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parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer
At Home Orders; while recognizing that existing community transmission of COVID-19 in the
County continues to present a substantial and significant risk of harm to residents’ health, in light
of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County
with State Executive Orders and State Health Officer Orders that support phased reopening in
accordance with the California Pandemic Resilience Roadmap’s four stage framework, while
maintaining the goals of limiting close contacts with others outside of residents’ households in
both indoor and outdoor spaces and ensuring continued social distancing and adherence to other
infection control procedures – accordingly, the order continued to prohibit indoor and outdoor
public and private gatherings and events except for the limited purposes expressly permitted by
the Order; continued to require compliance with social (physical) distancing requirements
including wearing a cloth face covering whenever there is or can be contact with others who are
non-household members in both public and private spaces; continued to require the closure of
higher-risk businesses, recreational sites, commercial properties, and activities, where more
frequent and prolonged person-to-person contacts are likely to occur; continued to allow
Essential Businesses to operate subject to social distancing requirements; allowed the conditional
reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may
now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and
logistics sector businesses that supply lower-risk retail businesses, non-essential office-based
businesses (while continuing to strongly encourage telework), and indoor malls and shopping
centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths,
while maintaining the closure of public piers; continued to authorize local public entities to
temporarily close certain streets or areas to automobile traffic to allow for increased space for
persons to engage in recreational activity in compliance with social (physical) distancing
requirements; continued to authorize participation in Vehicle-Based Parades in compliance with
all laws and a specified protocol; permitted in-person attendance at faith-based services,
provided that the gathering of congregants is limited to the lower of 25% of the total maximum
building occupancy or a maximum of 100; and permitted participating in in-person protests
subject to the same attendance limits and maintenance of physical distancing; and
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WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the
local emergency shall be deemed to continue and exist until its termination is proclaimed by the
City Council; and resolved that the Fourth Revised First and Second through Sixteenth
Supplements shall be operative and remain in effect through June 30, 2020, or any later date
expressly stated within the text of an individual supplement; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of
Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was
essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair
salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to
specified conditions; and permitted restaurants and other food facilities that provide sit-down,
dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy;
and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency superseding and replacing the Third Supplement to specify that
closures and re-openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the event of conflict,
and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores
from limitations on delivery hours; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent
sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant,
for restaurants that open for in-house dining pursuant to the safety protocols required by the
County safer at home order; superseding and replacing Section 5 of the Revised Fourth
Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the
deadlines for planning, review, and permit-related actions; and superseding and replacing
Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent
payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent deferment
program for City commercial tenants whose operations have been closed or significantly
restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised
Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring
the Existence of a Local Emergency extending the authorization for temporary outdoor dining in
the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent
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of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and
authorizing the Finance Director to extend the delinquency date for business license renewal fees
by two months (from September 1 to November 1) for businesses whose ability to pay has been
affected by economic impacts related to COVID-19 or the civil unrest; and
WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised
Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30,
2020, or any later date expressly stated within the text of an individual supplement; and
WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially
equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor
activity to resume at piers and the following business and activities to reopen no earlier than June
12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film
and television production; day camps; fitness facilities; museums; professional sports without
audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and
splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared
rental units and similar facilities for tourism travel; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing
temporary eviction moratorium and extended the period for which unpaid rent will be subject to
that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified
the temporary eviction moratorium, defining three different categories of commercial tenants,
each of which receives varying protections, and encouraging landlords and commercial tenants
to negotiate modifications to rental agreements and payment plans to accommodate changed
economic circumstances of commercial landlords and tenants arising from the financial
impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general
public under specified circumstances when outside the home including when inside of, or in line
to enter, any indoor space and while outdoors in public spaces when maintaining a physical
distance of 6 feet from persons who are not members of the same household or residence is not
feasible; and
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WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially
equivalent to the June 11 Safer At Home Order with the exception that it clarified the
requirements that individuals leaving their residences must wear face coverings when they are or
can be in contact with or walking past others outside of their household and permitted the
reopening of the following business and activities no earlier than June 19, 2020 subject to
conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering
facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries
and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive
Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of
Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in-
store redemption of beverage containers and temporarily suspending the requirement for
recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth
paragraph of Executive Order N-54-20, which had suspended Public Resources Code section
42283’s prohibitions relating to retail establishments providing bags to customers at point of
sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be
operative and remain in effect through June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and
Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles
County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders
issued by the Los Angeles County Board of Supervisors, recognized the extension of the
County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application
of the moratorium commercial tenancies where the tenant has more than 100 employees and
commercial tenancies where the tenant is a multinational company or a publicly traded company;
and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth
Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the
Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24,
2020; extend the suspension of outdoor dining license payments for City licensees through
August 2020; extend the deadline for applications for extensions of the delinquency date for
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business license renewals to August 31, 2020; extend the authorization for temporary dining to
adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent
buildings with the consent of either the owner or tenant; extend the authorization for temporary
dining to areas of the Pier to be specified by the Director of Economic Development subject to
specified conditions and any additional regulations; extend the authorization for temporary
dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by
the Director of Economic Development subject to specified conditions and any additional
regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private
outdoor space, and areas of the Pier to be specified by the Director of Economic Development
for business activities other than temporary dining, subject to specified conditions and any
additional regulations; authorize restaurants and other businesses to establish temporary parklets
for business activities and outdoor dining in on-street parking and loading spaces adjacent to the
restaurant or business, subject to specified conditions, specified design and safety specifications,
and any additional regulations; and specify that for compliance with certain specified mandatory
seismic retrofitting requirements, the two-year extension for planning, review, and permit-related
actions applies only if an application was pending as of March 13, 2020 or submitted between
March 13, 2020 and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some
counties and the need to reduce non-essential gatherings where mixing and disease spread occur,
the California Department of Public Health ordered the closure in certain counties, including Los
Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that
had reopened after June 12 in accordance with prior state and local guidance and reemphasized
that alcohol can only be sold in such establishments in the same transaction as a meal; and
WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving
the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that
superseded all prior Safer At Home Orders and was essentially equivalent to the June 18 Safer At
Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms,
craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and
required restaurants with a moderate risk or high risk permit issued by the County Department of
Public Health and other food facilities that provide in-person dining to follow a revised protocol
for on-site dining; and
WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community for Control of COVID-19 order
requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access
points between July 3 and July 6; prohibiting all firework shows and events until further notice;
noting that the County has recently observed a sharp increase in new COVID-19 cases and
hospitalizations demonstrating the reality of increased community transmission of COVID-19;
and reemphasizing that State public health directives and the current County Health Officer
Order prohibit professional, social, and community mass gatherings, with gatherings defined as
meetings or other events that bring together persons from multiple households at the same time
for a shared or group experience in a single room, space, or place; and
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WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that, with certain specified exceptions, extended the effective
dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second
Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the
text of an individual supplement; specified exceptions permitted impositions of late payment
penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking
Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code
relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of
Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to
customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire
Department annual permits of operation to expire as of July 1, 2020; and issuance of parking
citations associated with street sweeping to resume as of July 1, 2020; and
WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of
the State of California noted the recent increase in COVID-19 cases, including a concerning
increase in hospitalizations; reminded Cities and Counties of their power, conferred by the
California Constitution, to take action to protect their residents; called on elected officials to
remain vigilant in efforts to protect the health and safety of their communities; and emphasized
the dire consequences of failing to ensure compliance with public health orders, including a
surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that
may divert resources from other health needs, further delaying reopening efforts; and
WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer At Home Orders and was essentially equivalent to the June
28 Safer At Home Order with the exceptions that it noted the serious recent regression of
COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial
increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate;
returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities,
racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and
aquariums to the list of high-risk businesses required to close for at least 21 days and until
further notice; and ordered the closure of indoor mall or shopping center food court dining and
seating areas for at least 21 days and until further notice; and
WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth
Supplements to, in accordance with the County Safer at Home Orders and the California
Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics
regarding the requirement that all individuals wear face coverings whenever they leave their
place of residence and are or may be in in contact with non-household members in both public
and private spaces; set out exemptions from the face covering requirement; specify that business
operators may refuse admission or service to any person who fails to wear a face covering as
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required or to comply with social distancing requirements imposed by the County Safer at Home
orders; and authorizes administrative citations with specified administrative fines for both
individuals and businesses failing to comply with the face covering requirements; and
WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second
Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First
Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020,
to, with respect to the November 3, 2020 general municipal election, reduce the number of
nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010
would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination
papers after the first two sets; and
WHEREAS, on July 13, 2020, in light of current data reflecting that community spread
of COVID-19 infection is of increasing concern across the state, the California Department of
Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs,
brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified
exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting
rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums,
and cardrooms; and the closure in certain counties that currently appear on the Department’s
County Monitoring List and have been on the list for three consecutive days, which included Los
Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests,
offices for non-critical infrastructure sectors, personal care services (including nail salons,
massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and
WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 1
Safer At Home Order with the exceptions that it ordered the closure of indoor operations of hair
salons and barbershops, fitness facilities, and personal care establishments; permitted in-person
faith-based services and protests so long as they are held outdoors; ordered the closure of indoor
portions and operations of indoor malls and shopping centers; required that all indoor portions
and operations of any non-essential office-based business cease, subject to the exception for
minimum basic operations; and required that essential businesses, healthcare operations, or
essential infrastructure whose operations require employees to operate from an office worksite
require employees to telework to the extent feasible; and
WHEREAS, as of July 14, 2020, the Los Angeles County Department of Public Health
has confirmed 140,307 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
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WHEREAS, evidence suggests that use of cloth face coverings by the public may help
reduce disease transmission by reducing the release of infectious particles into the air when
someone speaks, coughs, or sneezes, especially in cases of asymptomatic and pre-symptomatic
people or those with mild symptoms who do not realize that they are infections and contagious;
and
WHEREAS, there are reports that within the City and across the nation people have
falsely claimed to be exempt from wearing a face covering due to a purported medical or mental
health condition or disability and, on June 26, 2020, the Los Angeles County Department of
Health issued a tweet warning that “Face Mask Exempt” cards are “NOT from a government
agency and are not endorsed by the Department of Justice or any Los Angeles County
department;” and
WHEREAS, on June 30, 2020, the United States Department of Justice issued a press
release warning that “[i]naccurate flyers or other postings have been circulating on the web and
via social media channels regarding the use of face masks and the Americans with Disabilities
Act (ADA) due to the COVID-19 pandemic” and explained the “ADA does not provide a
blanket exemption to people with disabilities from complying with legitimate safety
requirements necessary for safe operations”; and
WHEREAS, City officers or employees authorized to enforce this Order and businesses
within the City attempting to comply with this Order and ensure the safety of their customers and
employees have a legitimate interest in ferreting out false representations that a person is exempt
from wearing a face covering due to a purported medical or mental health condition or disability,
especially given the increased risk of disease transmission when persons do not wear a face
covering whenever they leave their residence and are or can be in contact with others who are
non-household members; and
WHEREAS, persons with a medical or mental health condition or disability that prevents
them from wearing a face covering have a right to privacy; and
WHEREAS, permitting City officers or employees authorized to enforce this Order and
businesses within the City attempting to comply with this Order and ensure the safety of their
customers and employees to ask persons claiming to be exempt from wearing a face covering
due to a medical or mental health condition or disability for a credible assurance of the
applicability of such exemption, in accordance with the provisions of this Order below, strikes a
balance between an individual’s privacy, fraud protection, and public health, safety and welfare,
and is consistent with 28 C.F.R. § 35.137 and 28 C.F.R. § 36.311, which permit public entities
and public accommodations to request such a credible assurance from those who use certain
power-driven mobility devices; and
WHEREAS, California Government Code 8634 empowers the City to promulgate orders
and regulations necessary to provide for the protection of life and property during a local
emergency, and
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WHEREAS, in the interest of public health and safety, as affected by the emergency
caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section
2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of
life and property.
NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of
Santa Monica, do hereby issue the following order to become effective immediately, subject to
ratification as soon as practicable by the City Council:
IT IS HEREBY ORDERED THAT:
1. This Order supersedes and replaces the Eleventh Supplement to the Executive Order of
the Director of Emergency Services Declaring the Existence of a Local Emergency issued April
8, 2020, and the Fourteenth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency issued May 14, 2020.
2. The definitions in the County Department of Health’s Safer at Home Order apply to the
words and phrases used in this Order unless context dictates otherwise. In addition, as used in
this Order, the following terms have the following meanings:
a. “Business” means a lower-risk business, essential business, healthcare operation,
essential infrastructure, or other sector or business authorized to operate, reopen, or
conduct minimum basic operations by the County Department of Health’s Safer at
Home Order. For the purpose of this Order, business does not include the City of
Santa Monica or other location or facility engaged in essential government
functions.
b. “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, which should be reserved for health-care providers and first
responders. Face covering also does not mean any mask that incorporates a one-
way valve (typically a raised plastic cylinder about the size of a quarter on the front
or side of the mask) that is designed to facilitate easy exhaling, because such a mask
allows droplets to be released from the mask and puts others nearby at risk.
c. “Operator” means an owner or operator of a business.
3. All directives included in the California Department of Public Health’s Guidance for the
Use of Face Coverings (the “State’s Face Covering Guidance”), including any later amendments
and successors thereto, are hereby adopted as rules and regulations of the City of Santa Monica
pursuant to Section 2.16.060(f)(1) of the Santa Monica Municipal Code. For purposes of clarity,
all directives in the County Department of Health’s Safer at Home Order, including any later
amendments and successors thereto, were adopted as rules and regulations of the City of Santa
Monica pursuant to Section 2.16.060(f)(1) of the Santa Monica Municipal Code in the Eighth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency issued March 22, 2020
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4. Unless an exemption in Section 6 applies, all persons must wear face coverings whenever
they leave their place of residence and one of the following situations applies:
a. When they are or can be in contact with or walking near or past others who are non-
household members in both public and private spaces, including, but not limited to,
walking through common areas such as hallways, stairways, elevators, and parking
facilities;
b. When patronizing a business, including while standing in line to enter any business;
c. When obtaining services from healthcare operations, unless otherwise directed by
the healthcare provider;
d. When obtaining services from and while inside or at any location or facility
engaging in essential government functions;
e. When waiting for or riding on public transportation or paratransit or while in a taxi,
private car service, or ride-sharing vehicle;
f. When driving or operating any public transportation or paratransit vehicle, taxi, or
private car service or ride-sharing vehicle when passengers are present;
g. When participating in an in-person protest; or
h. When engaged in work, either at a business or off-site (other than at one’s own
residence) and when (i) interacting in-person with any member of the public;
(ii) working in any space visited by members of the public, regardless of whether
anyone from the public is present at the time; (iii) working in any space where food
is prepared or packaged for sale or distribution to others; (iv) working in or walking
through common areas, such as hallways, stairways, elevators, and parking
facilities; or (v) in any room or enclosed area where people who are non-household
members are present and unable to maintain a minimum six-foot separation from
one another.
5. Unless an exemption in Section 6 applies, for the purposes of Section 4(a), a person is in
violation of this Order when moving in an outdoor area if he or she either (a) is not wearing a
face covering or (b) does not have a face covering visible and immediately ready to cover his or
her nose and mouth (such as hanging around his or her neck) whenever that person is within 30
feet of any other non-household member. For reference, 30 feet is around the length of two cars
end-to-end and is utilized to give people adequate time to put on a face covering before the
distance closes and the people are within six feet of each other, which puts them at greater risk
for transmission of the virus. When people (other than those in the same household) are
approaching each other in an outdoor area and likely to pass in the coming seconds, they must
put on their face coverings when they are within 30 feet of each other. This 30-foot rule applies
whether people are on the sidewalk, in a park, on a path or trail, or in any other outdoor area, and
whether they are walking, running, biking, otherwise exercising, standing, or engaged in
transportation such as using a motorcycle, skateboard, moped, or scooter, unless an exemption in
Section 6 applies.
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6. The following persons are exempt from wearing a face covering:
a. Persons younger than two years old;
b. Persons with a medical condition, mental health condition, or disability that
prevents wearing a face covering;
c. Persons who are hearing impaired, or communicating with a person who is hearing
impaired, where the ability to see the mouth is essential for communication;
d. Persons for whom wearing a face covering would create a risk to the person related
to their work, as determined by local, state, or federal regulators or workplace
safety guidelines;
e. Persons who are obtaining a service involving the nose or face for which temporary
removal of the face covering is necessary to perform the service;
f. Persons who are (i) outdoors alone or with household members; (ii) stationary; and
(iii) maintaining at least six feet between the edge of the area they are in and the
edge of the next closest person’s area;
g. Persons who are actively engaged in a water-based activity, including, but not
limited to, swimming and surfing.
h. Persons compliant with the County Department of Health’s Protocol for Restaurants
Opening for On-Site Dining under which customers who are seated at a restaurant
or other establishment that offers food or beverage service are not required to wear
face coverings while they are eating or drinking;
i. Persons wearing personal protective equipment (“PPE”), such as medical-grade
N95 respirator or a similar mask that is more protective than a face covering;
j. Persons compliant with any other reopening protocol issued by the County
Department of Health authorizing persons to remove their face coverings; or
k. Persons compliant with any regulation promulgated pursuant to Section 13.
7. Persons who are exempt under Section 6(b) who are employed at a business involving
regular contact with other non-household members must wear a non-restrictive alternative, such
as a face shield with a drape on the bottom edge, as long as their medical condition permits it.
8. An operator or any City peace officer or other officer or employee authorized to enforce
this Order pursuant to Section 16 or an Operator seeking to comply with Sections 10 and 11 of
this Order (collectively “Inquirers”) may ask a person claiming to be exempt under Section 6(b)
to provide a credible assurance that he or she is not wearing a face covering because of his or her
medical condition, mental health condition, or disability. An Inquirer shall accept the
presentation of written documentation from a medical professional that the person’s medical
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condition, mental health condition, or disability exempts that person from wearing a face
covering as a credible assurance that the person is exempt under Section 6(b). In lieu of such
documentation, an Inquirer shall accept as a credible assurance a verbal representation, not
contradicted by observable fact, that the person is not wearing a face covering because of his or
her medical condition, mental health condition, or disability. Notwithstanding the foregoing, an
Inquirer may not ask a person claiming to be exempt under Section 6(b) to provide a credible
assurance if such a person has an obvious or readily apparent medical condition, mental health
condition, or disability that prevents the wearing of a face covering or if the medical condition,
mental health condition, or disability is otherwise known to the Inquirer. Nothing in this Order
permits an Inquirer to ask a person questions about the nature and extent of that person’s medical
condition, mental health condition, or disability.
9. Operators who employ or contract with persons who are required by Section 4(h) to wear
a face covering (“workers”) must permit those workers to wash their hands at least every 30
minutes. All such operators must provide, at their expense, face coverings for their workers. All
such operators must ensure that their workers have access to: (a) clean, sanitary restrooms,
stocked with all necessary cleansing products, provided at the operator’s expense; or
(b) sanitizing agents required to observe hand sanitation protocols recommended by the Los
Angeles County Department of Public Health, provided at the operator’s expense.
10. Operators may refuse admission or service to any person who fails (a) to wear a face
covering as required by this Order or (b) to adhere to the social (physical) distancing
requirements stated in the County Department of Health’s Safer at Home Order or specified in
guidance or protocols established by the County of Los Angeles Department of Public Health.
11. Operators shall take all reasonable steps to ensure that persons who are standing in line to
enter the business or who have entered the business (a) wear a face covering, unless an
exemption under Section 6 applies, and (b) adhere to the social (physical) distancing
requirements stated in the County Department of Health’s Safer at Home Order or specified in
guidance or protocols established by the County of Los Angeles Department of Public Health.
12. Any Operator may sell face coverings and emergency supplies.
13. All sellers of face coverings and emergency supplies shall abide by all federal, state, and
local price gouging laws.
14. The Director of Emergency Services or designee may promulgate regulations to
implement the provisions of this Order. No person shall fail to comply with any such regulation.
15. Should the directives of the State’s Face Covering Guidance, the County Department of
Health’s Safer at Home Order, this Order, or any regulations promulgated thereunder conflict,
the stricter regulation shall apply.
16. Sections 2 through 13 and any regulations promulgated under Section 14 of this Order
shall be enforceable by the Santa Monica Police Department and any City officer or employee
granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code
Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa
Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in
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accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section
1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any
provision of, or any regulations issued under, this Order shall be as follows: (a) for violations by
individuals: $100 for the first violation; $250 for a second violation committed within one year
for the first violation; and $500 for a third violation or subsequent violations committed within
one year of the first violation; and (b) for violations by businesses: $500 for the first violation;
$750 for a second violation committed within one year for the first violation; and $1000 for a
third violation or subsequent violations committed within one year of the first violation. Each
day or portion of a day that any person violates or continues to violate any provision of, or any
regulations issued under, this Order constitutes a separate violation and may be charged and
punished separately.
17. 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 16 of this Order after its due date.
18. This Order shall take effect immediately and, unless extended or expressly superseded by
a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency
Services shall remain in effect until July 31, 2020.
19. 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 July 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 REVISED TWENTY-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
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WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local
emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the
availability of mutual aid and an effective the City’s response to the novel coronavirus
(“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised
declaration of local emergency to ensure compliance with all digital signature requirements; and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first
supplemental emergency order placing a temporary moratorium on evictions for non-payment of
rent and temporarily suspending (a) the discontinuation or shut off of water service for residents
and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late
payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late
payment penalties or fees for parking violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second
supplemental emergency order temporarily closing the Santa Monica Pier to the general public;
and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health
issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events
of 50 or more people, requiring certain social distancing measures, and ordering the closure of
certain businesses; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third
supplemental emergency order that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and
fitness centers, and non-medical physical health and beauty businesses; and temporarily
prohibited restaurants, bars, and retail food facilities from serving food on-premises; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive
Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise
restrict a local government’s exercise of its police powers to impose substantive limitations on
residential and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised
Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics,
and emergency shelters in all zoning districts and allow the Director of the Department of
Planning and Community Development or designee to waive development standards, design
review, parking and access requirements, and sign standards related to such uses; to permit
limited service and take-out restaurant uses in any zoning district that allows full-service
restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets,
general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and
automatic approvals; to extend interim zoning ordinances now in effect; to direct that street
sweeping not be conducted unless essential for public health and safety and suspend parking
citations related thereto; to suspend preferential parking rules; to suspend certain regulations
relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and
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WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive
Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N-
25-20 to suspend and waive certain provisions of state and local law, including but not limited to
those provisions in the Bagley-Keene Act and the Brown Act related to the notice and
accessibility requirements for the conduct of public meetings where the physical presence of
public attendees or members of the public body seeking to meet are impliedly or expressly
required; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
First Supplement to the Executive Order of the Director of Emergency Services implementing
eviction protections for residential and commercial tenants and suspending removals of rental
property from the market under the Ellis Act; and
WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised
Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus
(BBB) customers, with the exception of Americans with Disabilities Act customers traveling in
mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or
shut-off of water services for residents and businesses based on non-payment of water or sewer
bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c)
refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e)
Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and
(h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking
lots, parking zones, and parking spaces; and suspending penalty assessments related to business
licenses and business improvement district assessments; and
WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the
proclamation and the aforementioned Supplements shall be operative and in effect through April
30, 2020; and
WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive
Order N-33-20 directing all residents of the State of California to heed directives issued by the
State Health Officer on the same date instructing all Californians to stay home except as needed
to maintain continuity of operations of the federal critical infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and
limiting gatherings to 9 people or less; and
WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that
the City may assess the financial impacts of COVID-19 prior to engaging in collective
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bargaining, and suspending various human resources processes in order to decrease in-person
meetings and enable effective emergency response, including suspending requirements
associated with the administration of competitive examinations and the appointment of
individuals from eligibility lists; suspending certain requirements and minimum qualifications
associated with the appointment of temporary, limited-term, and as-needed employees; and
modifying the Municipal Code to state that certain additional appointments will be subject to a
probationary period; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California
Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting
restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site
consumption via delivery and take-out; and
WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all
nonessential businesses and prohibiting gatherings of non-household members; and
WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica
the Executive Order N-33-20, issued by the Governor of the State of California on March 19,
2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of
COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020
(the “County 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
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City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses
and outdoor dining license payments for City licensees for the month of April, granting the
Director of the Department of Housing and Community Development discretion to suspend
additional rent or license payments for the month of April for City tenants and licensees whose
operations have been closed pursuant to emergency orders issued by the City, the County of Los
Angeles Department of Public Health, or the Governor of California, authorizing the City to
delay responses and productions of records in response to public record requests under specified
circumstances, and extending by one month Santa Monica Fire Department annual permits of
operation set to expire on May 1, 2020; and
WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the County 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 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, 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
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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 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 made via curbside
pick-up or delivery only, and the reopening of all previously closed public trails and trailheads,
public and private golf courses, and new and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying
it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than
non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of
their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child,
marriage, family, mental health, or substance abuse counseling services; specify that, for non-
retail commercial tenants, the protection against eviction will extend only for 30 days after the
expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts
related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent
for a period of 12 months following the expiration of the Order, may not charge commercial
tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90
days following the expiration of the Order, and may not charge non-retail commercial tenants
interest on that unpaid rent during the duration of the Order; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency incorporating the provisions of the Third Revised First
Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were working in Santa
Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons;
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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
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its
safer at home order including requirements that all individuals engaging in outdoor activities,
except for water activities, and all individuals engaging in essential activities whenever there is
or can be contact with other who are non-household members in both public and private places,
must wear a cloth face covering; and
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WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency extending the effective dates of the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and requiring all persons leaving their residences for the
limited purposes allowed by the County Department of Public Health’s Safer at Home Order to
strictly comply with the social (physical) distancing requirements stated in that Order or County
Department of Public Health guidance or protocols, including in particular the requirement that
cloth face masks must be worn whenever there is or may be contact with others who are non-
household members, including while engaging in permitted outdoor activities other than water
activities; and
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume
in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking prohibitions for street
sweeping during the days and times indicated, but only during the first full week of each month,
which is when the street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
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parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer
At Home Orders; while recognizing that existing community transmission of COVID-19 in the
County continues to present a substantial and significant risk of harm to residents’ health, in light
of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County
with State Executive Orders and State Health Officer Orders that support phased reopening in
accordance with the California Pandemic Resilience Roadmap’s four stage framework, while
maintaining the goals of limiting close contacts with others outside of residents’ households in
both indoor and outdoor spaces and ensuring continued social distancing and adherence to other
infection control procedures – accordingly, the order continued to prohibit indoor and outdoor
public and private gatherings and events except for the limited purposes expressly permitted by
the Order; continued to require compliance with social (physical) distancing requirements
including wearing a cloth face covering whenever there is or can be contact with others who are
non-household members in both public and private spaces; continued to require the closure of
higher-risk businesses, recreational sites, commercial properties, and activities, where more
frequent and prolonged person-to-person contacts are likely to occur; continued to allow
Essential Businesses to operate subject to social distancing requirements; allowed the conditional
reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may
now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and
logistics sector businesses that supply lower-risk retail businesses, non-essential office-based
businesses (while continuing to strongly encourage telework), and indoor malls and shopping
centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths,
while maintaining the closure of public piers; continued to authorize local public entities to
temporarily close certain streets or areas to automobile traffic to allow for increased space for
persons to engage in recreational activity in compliance with social (physical) distancing
requirements; continued to authorize participation in Vehicle-Based Parades in compliance with
all laws and a specified protocol; permitted in-person attendance at faith-based services,
provided that the gathering of congregants is limited to the lower of 25% of the total maximum
building occupancy or a maximum of 100; and permitted participating in in-person protests
subject to the same attendance limits and maintenance of physical distancing; and
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WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the
local emergency shall be deemed to continue and exist until its termination is proclaimed by the
City Council; and resolved that the Fourth Revised First and Second through Sixteenth
Supplements shall be operative and remain in effect through June 30, 2020, or any later date
expressly stated within the text of an individual supplement; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of
Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was
essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair
salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to
specified conditions; and permitted restaurants and other food facilities that provide sit-down,
dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy;
and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency superseding and replacing the Third Supplement to specify that
closures and re-openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the event of conflict,
and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores
from limitations on delivery hours; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent
sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant,
for restaurants that open for in-house dining pursuant to the safety protocols required by the
County safer at home order; superseding and replacing Section 5 of the Revised Fourth
Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the
deadlines for planning, review, and permit-related actions; and superseding and replacing
Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent
payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent deferment
program for City commercial tenants whose operations have been closed or significantly
restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised
Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring
the Existence of a Local Emergency extending the authorization for temporary outdoor dining in
the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent
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of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and
authorizing the Finance Director to extend the delinquency date for business license renewal fees
by two months (from September 1 to November 1) for businesses whose ability to pay has been
affected by economic impacts related to COVID-19 or the civil unrest; and
WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised
Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30,
2020, or any later date expressly stated within the text of an individual supplement; and
WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially
equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor
activity to resume at piers and the following business and activities to reopen no earlier than June
12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film
and television production; day camps; fitness facilities; museums; professional sports without
audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and
splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared
rental units and similar facilities for tourism travel; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing
temporary eviction moratorium and extended the period for which unpaid rent will be subject to
that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified
the temporary eviction moratorium, defining three different categories of commercial tenants,
each of which receives varying protections, and encouraging landlords and commercial tenants
to negotiate modifications to rental agreements and payment plans to accommodate changed
economic circumstances of commercial landlords and tenants arising from the financial
impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general
public under specified circumstances when outside the home including when inside of, or in line
to enter, any indoor space and while outdoors in public spaces when maintaining a physical
distance of 6 feet from persons who are not members of the same household or residence is not
feasible; and
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WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially
equivalent to the June 11 Safer At Home Order with the exception that it clarified the
requirements that individuals leaving their residences must wear face coverings when they are or
can be in contact with or walking past others outside of their household and permitted the
reopening of the following business and activities no earlier than June 19, 2020 subject to
conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering
facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries
and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive
Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of
Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in-
store redemption of beverage containers and temporarily suspending the requirement for
recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth
paragraph of Executive Order N-54-20, which had suspended Public Resources Code section
42283’s prohibitions relating to retail establishments providing bags to customers at point of
sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be
operative and remain in effect through June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and
Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles
County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders
issued by the Los Angeles County Board of Supervisors, recognized the extension of the
County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application
of the moratorium commercial tenancies where the tenant has more than 100 employees and
commercial tenancies where the tenant is a multinational company or a publicly traded company;
and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth
Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the
Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24,
2020; extend the suspension of outdoor dining license payments for City licensees through
August 2020; extend the deadline for applications for extensions of the delinquency date for
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business license renewals to August 31, 2020; extend the authorization for temporary dining to
adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent
buildings with the consent of either the owner or tenant; extend the authorization for temporary
dining to areas of the Pier to be specified by the Director of Economic Development subject to
specified conditions and any additional regulations; extend the authorization for temporary
dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by
the Director of Economic Development subject to specified conditions and any additional
regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private
outdoor space, and areas of the Pier to be specified by the Director of Economic Development
for business activities other than temporary dining, subject to specified conditions and any
additional regulations; authorize restaurants and other businesses to establish temporary parklets
for business activities and outdoor dining in on-street parking and loading spaces adjacent to the
restaurant or business, subject to specified conditions, specified design and safety specifications,
and any additional regulations; and specify that for compliance with certain specified mandatory
seismic retrofitting requirements, the two-year extension for planning, review, and permit-related
actions applies only if an application was pending as of March 13, 2020 or submitted between
March 13, 2020 and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some
counties and the need to reduce non-essential gatherings where mixing and disease spread occur,
the California Department of Public Health ordered the closure in certain counties, including Los
Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that
had reopened after June 12 in accordance with prior state and local guidance and reemphasized
that alcohol can only be sold in such establishments in the same transaction as a meal; and
WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving
the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that
superseded all prior Safer At Home Orders and was essentially equivalent to the June 18 Safer At
Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms,
craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and
required restaurants with a moderate risk or high risk permit issued by the County Department of
Public Health and other food facilities that provide in-person dining to follow a revised protocol
for on-site dining; and
WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community for Control of COVID-19 order
requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access
points between July 3 and July 6; prohibiting all firework shows and events until further notice;
noting that the County has recently observed a sharp increase in new COVID-19 cases and
hospitalizations demonstrating the reality of increased community transmission of COVID-19;
and reemphasizing that State public health directives and the current County Health Officer
Order prohibit professional, social, and community mass gatherings, with gatherings defined as
meetings or other events that bring together persons from multiple households at the same time
for a shared or group experience in a single room, space, or place; and
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WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that, with certain specified exceptions, extended the effective
dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second
Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the
text of an individual supplement; specified exceptions permitted impositions of late payment
penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking
Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code
relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of
Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to
customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire
Department annual permits of operation to expire as of July 1, 2020; and issuance of parking
citations associated with street sweeping to resume as of July 1, 2020; and
WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of
the State of California noted the recent increase in COVID-19 cases, including a concerning
increase in hospitalizations; reminded Cities and Counties of their power, conferred by the
California Constitution, to take action to protect their residents; called on elected officials to
remain vigilant in efforts to protect the health and safety of their communities; and emphasized
the dire consequences of failing to ensure compliance with public health orders, including a
surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that
may divert resources from other health needs, further delaying reopening efforts; and
WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer At Home Orders and was essentially equivalent to the June
28 Safer At Home Order with the exceptions that it noted the serious recent regression of
COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial
increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate;
returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities,
racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and
aquariums to the list of high-risk businesses required to close for at least 21 days and until
further notice; and ordered the closure of indoor mall or shopping center food court dining and
seating areas for at least 21 days and until further notice; and
WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency (“Exhibit Q”) that superseded and replaced the Eleventh and
Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the
California Department of Health’s recent Guidance for the Use of Face Coverings, set out
specifics regarding the requirement that all individuals wear face coverings whenever they leave
their place of residence and are or may be in in contact with non-household members in both
public and private spaces; set out exemptions from the face covering requirement; specify that
business operators may refuse admission or service to any person who fails to wear a face
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covering as required or to comply with social distancing requirements imposed by the County
Safer at Home orders; and authorizes administrative citations with specified administrative fines
for both individuals and businesses failing to comply with the face covering requirements; and
WHEREAS, as of July 8, 2020, the Los Angeles County Department of Public Health has
confirmed 124,738 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’s general municipal election is set for November 3, 2020, at which
election there will be elected five members of the City Council, two member of the Rent Control
Board, three members of the Santa Monica-Malibu Unified School District Board of Education,
and three members of the Santa Monica Community College District Board of Trustees; and
WHEREAS, the nominating period for candidates to appear on the ballot for the positions
up for election in the November 3, 2020 general municipal election commences July 13, 2020
and runs to August 7, 2020 (with possible extension to August 12, 2020 depending on whether
incumbents run for positions) and the nominating period for persons desiring to be write-in
candidates for the positions up for election in the November 3, 2020 general municipal election
commences September 8, 2020 and runs to October 20, 2020; and
WHEREAS, California Elections Code Section 11020, which applies to general law
cities, states that for cities with 1,000 or more registered voters, the number of nominating
signatures required is no less than 20 and no more than 30, but Santa Monica Municipal Code
Section 11.04.010 currently requires each candidate to which it applies to gather nominating
signatures from not less than 100 voters; and
WHEREAS, the City’s Master Fee Schedule imposes a fee of $1 for each additional set
of nomination papers after the first two sets; and
WHEREAS, both the California Secretary of State and Los Angeles County elections
officials have advised that, despite the COVID-19 pandemic, they must continue to require that
nominating papers contain original signatures and cannot accept electronic signatures; and
WHEREAS, the requirement for the gathering of original signatures from nominating
voters poses risks resulting from possible personal contact between and among those circulating
nominating papers and the voters signing those nominating papers, those risks increase as the
required number of original nominating signatures increase, and those risks must be balanced
against the intent of the Santa Monica Municipal Code 100-voter requirement that candidates
demonstrate significant voter support for their nominations; and
WHEREAS, the issuance to candidates of additional sets of nomination papers may
provide candidates with greater ability to minimize possible personal contacts between and
among those circulating nominating papers and the voters signing those nominating papers by
limiting the number of voters who must sign any particular set of nomination papers; and
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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. This Order supersedes and replaces the Twenty-First Supplement to the Executive Order
of the Director of Emergency Services Declaring the Existence of a Local Emergency issued July
8, 2020 and the Revised Twenty-First Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency issued July 9, 2020.
2. With respect to the November 3, 2020 general municipal election, the requirement of
Santa Monica Municipal Code Section 11.04.010 that each candidate to which it would apply
shall be proposed by not less than one hundred voters (100) shall not apply and instead each
candidate to which this section would apply shall be required to be proposed by not less than
thirty (30) voters.
3. With respect to the November 3, 2020 general municipal election, the fee of $1 for each
additional set of nomination papers after the first two sets shall be waived.
4. This Order shall take effect immediately and, unless extended or expressly superseded by
a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency
Services shall remain in effect throughout the nomination period for the November 3, 2020
election.
///
///
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5. 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 10th day of July 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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TWENTY-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 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, the City of Santa Monica (“the City”)
cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that
were scheduled to occur through permit or license between March 12, 2020, and March 31,
2020, absent a persuasive showing by the permittee or licensee that the gathering could take
place in accordance with the guidance and directives of public health authorities; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the
Centers for Disease Control and Prevention, the California Department of Public Health, and the
Los Angeles County Department of Public Health, and to protect the health and safety of the
City workforce, the City announced that Santa Monica City Hall would be closed to the public
and open only to City employees from March 16, 2020, to March 31, 2020; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make emergency funding
available to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
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WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local
emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the
availability of mutual aid and an effective the City’s response to COVID-19 and this local
emergency was restated on March 14, 2020, through a revised declaration of local emergency to
ensure compliance with all digital signature requirements; and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first
supplemental emergency order placing a temporary moratorium on evictions for non-payment of
rent and temporarily suspending (a) the discontinuation or shut off of water service for residents
and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late
payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late
payment penalties or fees for parking violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second
supplemental emergency order temporarily closing the Santa Monica Pier to the general public;
and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health
issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events
of 50 or more people, requiring certain social distancing measures, and ordering the closure of
certain businesses; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third
supplemental emergency order that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and
fitness centers, and non-medical physical health and beauty businesses; and temporarily
prohibited restaurants, bars, and retail food facilities from serving food on-premises; and
WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive
Order N-28-20, finding that because homelessness can exacerbate vulnerability to COVID-19,
California must take measures to preserve and increase housing security for Californians to
protect public health and suspending through May 31, 2020 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
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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 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
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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
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 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, 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, 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 made via curbside
pick-up or delivery only, and the reopening of all previously closed public trails and trailheads,
public and private golf courses, and new and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying
it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than
non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of
their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child,
marriage, family, mental health, or substance abuse counseling services; specify that, for non-
retail commercial tenants, the protection against eviction will extend only for 30 days after the
expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts
related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent
for a period of 12 months following the expiration of the Order, may not charge commercial
tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90
days following the expiration of the Order, and may not charge non-retail commercial tenants
interest on that unpaid rent during the duration of the Order; and
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WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency incorporating the provisions of the Third Revised First
Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were working in Santa
Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons;
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
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer
Orders and Addendums; recognized that existing community transmission of COVID-19 in Los
Angeles County continues to present a substantial and significant risk of harm to residents’
health; but took a limited and measured step to partially move the County into Stage 2 of its
phased approach to reopening while keeping a low incidence of person-to-person contact and
ensuring continued social distancing and adherence to other infection control procedures –
accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and
events; continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
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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
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume
in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking prohibitions for street
sweeping during the days and times indicated, but only during the first full week of each month,
which is when the street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded
the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County 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,
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commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer
At Home Orders; while recognizing that existing community transmission of COVID-19 in the
County continues to present a substantial and significant risk of harm to residents’ health, in light
of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County
with State Executive Orders and State Health Officer Orders that support phased reopening in
accordance with the California Pandemic Resilience Roadmap’s four stage framework, while
maintaining the goals of limiting close contacts with others outside of residents’ households in
both indoor and outdoor spaces and ensuring continued social distancing and adherence to other
infection control procedures – accordingly, the order continued to prohibit indoor and outdoor
public and private gatherings and events except for the limited purposes expressly permitted by
the Order; continued to require compliance with social (physical) distancing requirements
including wearing a cloth face covering whenever there is or can be contact with others who are
non-household members in both public and private spaces; continued to require the closure of
higher-risk businesses, recreational sites, commercial properties, and activities, where more
frequent and prolonged person-to-person contacts are likely to occur; continued to allow
Essential Businesses to operate subject to social distancing requirements; allowed the conditional
reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may
now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and
logistics sector businesses that supply lower-risk retail businesses, non-essential office-based
businesses (while continuing to strongly encourage telework), and indoor malls and shopping
centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths,
while maintaining the closure of public piers; continued to authorize local public entities to
temporarily close certain streets or areas to automobile traffic to allow for increased space for
persons to engage in recreational activity in compliance with social (physical) distancing
requirements; continued to authorize participation in Vehicle-Based Parades in compliance with
all laws and a specified protocol; permitted in-person attendance at faith-based services,
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provided that the gathering of congregants is limited to the lower of 25% of the total maximum
building occupancy or a maximum of 100; and permitted participating in in-person protests
subject to the same attendance limits and maintenance of physical distancing; and
WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the
local emergency shall be deemed to continue and exist until its termination is proclaimed by the
City Council; and resolved that the Fourth Revised First and Second through Sixteenth
Supplements shall be operative and remain in effect through June 30, 2020, or any later date
expressly stated within the text of an individual supplement; and
WHEREAS, on May 29, 2020, the Governor of California issued Executive Order N-66-
20, which, among other things, found that in light of the COVID-19 pandemic and stay-at-home
order there remained an ongoing need to promote housing security and stability, and extended
for an additional 60 days from the date of the Order Executive Order N-28-20’s suspension of
any and all provisions of state law that would preempt or otherwise restrict a local government’s
exercise of its police powers to impose substantive limitations on residential and commercial
evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of
Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community for Control of COVID-19 – Moving
the County of Los Angeles Through Stage 2 of California’s Pandemic Resilience Roadmap order
that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26
Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth
category of Lower-Risk businesses allowed to reopen subject to specified conditions; and
permitted restaurants and other food facilities that provide sit-down, dine-in meals to reopen
subject to specified conditions, including a limitation to 60% occupancy; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency superseding and replacing the Third Supplement to specify that
closures and re-openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the event of conflict,
and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores
from limitations on delivery hours; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent
sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant,
for restaurants that open for in-house dining pursuant to the safety protocols required by the
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County safer at home order; superseding and replacing Section 5 of the Revised Fourth
Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the
deadlines for planning, review, and permit-related actions; and superseding and replacing
Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent
payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent deferment
program for City commercial tenants whose operations have been closed or significantly
restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised
Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring
the Existence of a Local Emergency extending the authorization for temporary outdoor dining in
the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent
of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and
authorizing the Finance Director to extend the delinquency date for business license renewal fees
by two months (from September 1 to November 1) for businesses whose ability to pay has been
affected by economic impacts related to COVID-19 or the civil unrest; and
WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised
Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30,
2020, or any later date expressly stated within the text of an individual supplement; and
WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially
equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor
activity to resume at piers and the following business and activities to reopen no earlier than June
12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film
and television production; day camps; fitness facilities; museums; professional sports without
audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and
splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared
rental units and similar facilities for tourism travel; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing
temporary eviction moratorium and extended the period for which unpaid rent will be subject to
that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified
the temporary eviction moratorium, defining three different categories of commercial tenants,
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each of which receives varying protections, and encouraging landlords and commercial tenants
to negotiate modifications to rental agreements and payment plans to accommodate changed
economic circumstances of commercial landlords and tenants arising from the financial
impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general
public under specified circumstances when outside the home including when inside of, or in line
to enter, any indoor space and while outdoors in public spaces when maintaining a physical
distance of 6 feet from persons who are not members of the same household or residence is not
feasible; and
WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community for Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially
equivalent to the June 11 Safer At Home Order with the exception that it clarified the
requirements that individuals leaving their residences must wear face coverings when they are or
can be in contact with or walking past others outside of their household and permitted the
reopening of the following business and activities no earlier than June 19, 2020 subject to
conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering
facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries
and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive
Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of
Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in-
store redemption of beverage containers and temporarily suspending the requirement for
recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth
paragraph of Executive Order N-54-20, which had suspended Public Resources Code section
42283’s prohibitions relating to retail establishments providing bags to customers at point of
sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be
operative and remain in effect through June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and
Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles
County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders
issued by the Los Angeles County Board of Supervisors, recognized the extension of the
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County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application
of the moratorium commercial tenancies where the tenant has more than 100 employees and
commercial tenancies where the tenant is a multinational company or a publicly traded company;
and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth
Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the
Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24,
2020; extend the suspension of outdoor dining license payments for City licensees through
August 2020; extend the deadline for applications for extensions of the delinquency date for
business license renewals to August 31, 2020; extend the authorization for temporary dining to
adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent
buildings with the consent of either the owner or tenant; extend the authorization for temporary
dining to areas of the Pier to be specified by the Director of Economic Development subject to
specified conditions and any additional regulations; extend the authorization for temporary
dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by
the Director of Economic Development subject to specified conditions and any additional
regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private
outdoor space, and areas of the Pier to be specified by the Director of Economic Development
for business activities other than temporary dining, subject to specified conditions and any
additional regulations; authorize restaurants and other businesses to establish temporary parklets
for business activities and outdoor dining in on-street parking and loading spaces adjacent to the
restaurant or business, subject to specified conditions, specified design and safety specifications,
and any additional regulations; and specify that for compliance with certain specified mandatory
seismic retrofitting requirements, the two-year extension for planning, review, and permit-related
actions applies only if an application was pending as of March 13, 2020 or submitted between
March 13, 2020 and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some
counties and the need to reduce non-essential gatherings where mixing and disease spread occur,
the California Department of Public Health ordered the closure in certain counties, including Los
Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that
had reopened after June 12 in accordance with prior state and local guidance and reemphasized
that alcohol can only be sold in such establishments in the same transaction as a meal; and
WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving
the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that
superseded all prior Safer At Home Orders and was essentially equivalent to the June 18 Safer At
Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms,
craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and
required restaurants with a moderate risk or high risk permit issued by the County Department of
Public Health and other food facilities that provide in-person dining to follow a revised protocol
for on-site dining; and
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WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community for Control of COVID-19 order
requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access
points between July 3 and July 6; prohibiting all firework shows and events until further notice;
noting that the County has recently observed a sharp increase in new COVID-19 cases and
hospitalizations demonstrating the reality of increased community transmission of COVID-19;
and reemphasizing that State public health directives and the current County Health Officer
Order prohibit professional, social, and community mass gatherings, with gatherings defined as
meetings or other events that bring together persons from multiple households at the same time
for a shared or group experience in a single room, space, or place; and
WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that, with certain specified exceptions, extended the effective
dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second
Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the
text of an individual supplement; specified exceptions permitted impositions of late payment
penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking
Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code
relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of
Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to
customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire
Department annual permits of operation to expire as of July 1, 2020; and issuance of parking
citations associated with street sweeping to resume as of July 1, 2020; and
WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71-
20, which, among other things, found that minimizing evictions during this period is critical to
reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable
to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the
transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28-
20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a
local government’s exercise of its police powers to impose substantive limitations on residential
and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of
the State of California noted the recent increase in COVID-19 cases, including a concerning
increase in hospitalizations; reminded Cities and Counties of their power, conferred by the
California Constitution, to take action to protect their residents; called on elected officials to
remain vigilant in efforts to protect the health and safety of their communities; and emphasized
the dire consequences of failing to ensure compliance with public health orders, including a
surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that
may divert resources from other health needs, further delaying reopening efforts; and
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WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer At Home Orders and was essentially equivalent to the June
28 Safer At Home Order with the exceptions that it noted the serious recent regression of
COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial
increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate;
returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities,
racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and
aquariums to the list of high-risk businesses required to close for at least 21 days and until
further notice; and ordered the closure of indoor mall or shopping center food court dining and
seating areas for at least 21 days and until further notice; and
WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth
Supplements to, in accordance with the County Safer at Home Orders and the California
Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics
regarding the requirement that all individuals wear face coverings whenever they leave their
place of residence and are or may be in in contact with non-household members in both public
and private spaces; set out exemptions from the face covering requirement; specify that business
operators may refuse admission or service to any person who fails to wear a face covering as
required or to comply with social distancing requirements imposed by the County Safer at Home
orders; and authorizes administrative citations with specified administrative fines for both
individuals and businesses failing to comply with the face covering requirements; and
WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second
Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First
Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020,
to, with respect to the November 3, 2020 general municipal election, reduce the number of
nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010
would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination
papers after the first two sets; and
WHEREAS, on July 13, 2020, in light of current data reflecting that community spread
of COVID-19 infection is of increasing concern across the state, the California Department of
Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs,
brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified
exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting
rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums,
and cardrooms; and the closure in certain counties that currently appear on the Department’s
County Monitoring List and have been on the list for three consecutive days, which included Los
Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests,
offices for non-critical infrastructure sectors, personal care services (including nail salons,
massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and
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WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 1
Safer At Home Order with the exceptions that it ordered the closure of indoor operations of hair
salons and barbershops, fitness facilities, and personal care establishments; permitted in-person
faith-based services and protests so long as they are held outdoors; ordered the closure of indoor
portions and operations of indoor malls and shopping centers; required that all indoor portions
and operations of any non-essential office-based business cease, subject to the exception for
minimum basic operations; and required that essential businesses, healthcare operations, or
essential infrastructure whose operations require employees to operate from an office worksite
require employees to telework to the extent feasible; and
WHEREAS, as of July 14, 2020, the Los Angeles County Department of Public Health
has confirmed 140,307 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, 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 sudden and unexpected income loss; and
WHEREAS, 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, while a more expansive reopening of businesses was permitted by the May
29, June 11, and June 18 orders issued by the Los Angeles County Department of Public Health,
subsequent serious retrogression of COVID-19 indicators led the Los Angeles County
Department of Public Health to issue June 28, July 1, and July 14 orders requiring the reclosure
of certain businesses, demonstrating that the economic impacts from COVID-19 and the social
distancing measures implemented to address it are continuing, leaving certain residential and
commercial tenants vulnerable to eviction; and
WHEREAS, commercial tenants and landlords should be encouraged as much as possible
to negotiate modifications to rental agreements and payment plans that will allow commercial
tenants to remain in leased commercial space while not unnecessarily depriving commercial
landlords of rents due for that commercial space; 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
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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
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. Sections 1, 2 through 11, and 20 through 24 of the Fifth Revised First Supplement to the
Executive Order of the Director of Emergency Services Declaring the Existence of a Local
Emergency, which implement an eviction moratorium for residential tenants, are extended and
shall remain in effect through September 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.
2. Sections 1, 12 through 19, and 20 through 24 of the Fifth Revised First Supplement to the
Executive Order of the Director of Emergency Services Declaring the Existence of a Local
Emergency, which implement an eviction moratorium for commercial tenants, are extended and
shall remain in effect through August 31, 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.
3. This Order shall take effect immediately and, unless extended or expressly superseded by
a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency
Services shall remain in effect until September 30, 2020.
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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 July 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 28th day of July 2020.
__________________________
Kevin McKeown, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11277 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 28th day of July 2020, by the following vote:
AYES: Councilmembers Davis, Himmelrich, McCowan, Jara, Winterer,
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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