R113241
City Council Meeting: March 23, 2021 Santa Monica, California
RESOLUTION NUMBER 11324 (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
COVID-19-related rent payment issues; and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a
Third Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Third Supplement to the Executive
Order”) (since superseded by the Seventeenth Supplement to the Executive Order
issued May 29, 2020) that ordered the temporary closure of bars and nightclubs that do
not serve food, movie theaters and entertainment venues, bowling alleys and arcades,
gyms and fitness centers, and non-medical physical health and beauty businesses; and
temporarily prohibited restaurants, bars, and retail food facilities from serving food on-
premises; and
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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”); 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”); 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 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 the State of California issued
Executive Order N-37-20, building on Executive Order N-28-20 by extending the time
for a tenant to respond to a summons and prohibiting the enforcement of a writ for
tenants unable to pay due to reasons related to COVID-19; and
WHEREAS, on March 27, 2020, the Los Angeles County Department of Public
Health issued an Addendum to the County Department of Public Health’s Safer at
Home Order closing all public trails and trailheads, as well as all public beaches, piers,
public beach parking lots, beach bike paths that traverse the sanded portion of the
beach, and beach access points; and
WHEREAS, on March 27, 2020, the Director of Emergency Services issued a
Ninth Supplement to the Executive Order of the Director of Emergency Services
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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: (1) requiring the following of all construction projects --
(a) handwashing facilities or hand sanitizer to be installed at entrances to construction
projects, (b) shared tools and equipment to be sanitized, (c) posting signage instructing
workers of the social distancing and sanitation requirements and entrance limitations
for ill workers or those in recent close contact with someone diagnosed with COVID-19,
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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
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 (since superseded by the Twentieth
Supplement issued July 1, 2020) requiring workers and customers at covered
businesses (including but not limited to grocery stores, farmers markets, restaurants,
hardware stores, transportation providers, and plumbing and similar businesses) to
wear face coverings; and
WHEREAS, on April 10, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home Order for Control of COVID-19 that amended
and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders
and Addendums and continued to prohibit all indoor and outdoor public and private
gatherings and events; require all businesses to cease in-person operations and remain
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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 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
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responders and disaster workers to take advantage of City-approved public or private
discount, specials, and subsidies programs; and
WHEREAS, on April 30, 2020, the Director of Emergency Services issued a
Third Revised First Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency extending the eviction
moratorium to June 30 and modifying it by limiting the commercial tenants subject to the
protections of the order to exclude multinational companies, public companies, and
companies with more than 500 employees; making clear that notice and documentation
that indicates any loss of income or increase in expenses due to COVD-19 is sufficient
to trigger the moratorium on eviction for non-payment of rent due to financial impacts
related to COVID-19, and that a statement written by the tenant in a single
communication may constitute both notice and documentation; and extending the
protection against eviction based on rent unpaid due to financial impacts related to
COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in
accordance with the Governor’s Executive Order suspending state law provisions,
suspended SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail
establishments from providing without charge reusable grocery bags or recycled paper
bags or single-use plastic carryout bags to customers at point of sale and added
language to the City’s Housing Trust Fund and Affirmative Housing Production Program
Guidelines to extend eligibility to individuals who were working in Santa Monica prior to
March 1, 2020, but lost employment due to COVID-19 related reasons; and
WHEREAS, on May 7, 2020, the California State Public Health Officer issued an
order that stated that COVID-19 continues to present a significant risk to the health of
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individuals throughout California, but, consistent with Californians’ mitigation efforts and
other factors determined that the statewide data supported the gradual movement of the
entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap,
while authorizing local health jurisdictions to implement or continue more restrictive
public health measures if warranted; and
WHEREAS, on May 8, 2020, the Los Angeles County Department of Public
Health issued Addendum No. 2 to the April 10 revised County Department of Health
Safer at Home Order amending that order to permit, subject to specific conditions, the
reopening of certain specified types of lower-risk retail business for sales and service
transactions mad via curbside pick-up or delivery only, and the reopening of all
previously closed public trails and trailheads, public and private golf courses, and new
and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and
modifying it to define a set of non-retail commercial tenants consisting of commercial
tenants, other than non-profits, that are tenants in an office building, do not collect sales
tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary,
fitness, educational, or child, marriage, family, mental health, or substance abuse
counseling services; specify that for non-retail commercial tenants the eviction
moratorium will extend only 30 days after the expiration of the Order; and specify that,
with respect to rent unpaid due to financial impacts related to COVID-19, landlords may
not charge interest on that unpaid rent for a period of 12 months after the expiration of
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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 incorporating the provisions of the Third
Revised First Supplement that add language to the City’s Housing Trust Fund and
Affirmative Housing Production Program Guidelines to extend eligibility to individuals
who were working in Santa Monica prior to March 1, 2020, but lost employment due to
COVID-19 related reasons and, in accordance with the Governor’s Executive Order
suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent
they prohibit retail establishments from providing without charge reusable grocery bags
or recycled paper bags or single-use plastic carryout bags to customers at point of sale;
further extending to July 1, 2020 the expiration of Fire Department annual permits of
operation; and setting time limits on the conduct of loud construction activities and
authorizing the City to issue administrative citations to enforce those time limits; and
WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Third and
Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh,
Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved
that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First and Second
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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
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
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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 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
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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
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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
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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
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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 Governor of California issued Executive Order
N-66-20, which, among other things, found that in light of the COVID-19 pandemic and
stay-at-home order there remained an ongoing need to promote housing security and
stability, and extended for an additional 60 days from the date of the Order Executive
Order N-28-20’s suspension of any and all provisions of state law that would preempt or
otherwise restrict a local government’s exercise of its police powers to impose
substantive limitations on residential and commercial evictions with respect to
COVID19-related rent payment issues; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the
request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
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WHEREAS, on May 29, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home order that superseded all prior Safer At Home
Orders and was essentially equivalent to the May 26 Safer At Home Order with the
exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk
businesses allowed to reopen subject to specified conditions; and permitted restaurants
and other food facilities that provide sit-down, dine-in meals to reopen subject to
specified conditions, including a limitation to 60% occupancy; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a
Seventeenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency superseding and replacing the Third
Supplement to specify that closures and re-openings of businesses within Santa Monica
shall be in accordance with State and County orders, with those imposing stricter
regulations controlling in the event of conflict, and continuing to exempt trucks and other
vehicles that deliver grocery items to grocery stores from limitations on delivery hours;
and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an
Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency authorizing temporary outdoor dining
extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private
open space owned by the restaurant, for restaurants that open for in-house dining
pursuant to the safety protocols required by the County safer at home order;
superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1
through 3 of the Twelfth Supplement to extend for two years the deadlines for planning,
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review, and permit-related actions; and superseding and replacing Sections 3 through 6
of the Ninth Supplement to waive and suspend late payment fees, rent payments by
City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent
deferment program for City commercial tenants whose operations have been closed or
significantly restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency that modified the Eighteenth
Supplement by extending the authorization for temporary outdoor dining to adjacent
private spaces not owned by a restaurant and sidewalk areas in front of adjacent
buildings, both with the consent of the owner; and adding authorizations for the Finance
Director to grant extension of the delinquency date for business license renewals by two
months from September 1 to November 1, 2020; and
WHEREAS, on June 11, 2020, the Los Angeles County Department of Public
Health issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
largely equivalent to the May 29 Safer At Home Order with exceptions including that it:
permitted the reopening of the following additional specific sectors, businesses, and
activities subject to specific conditions set forth in protocols attached as appendices to
the order – music, film, and television production; day camps; fitness facilities;
museums, galleries, botanical gardens, zoos, aquariums, and other similar exhibition
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spaces; professional sports without audiences; and campgrounds, RV parks, and
associated outdoor activities; permitted the opening of swimming pools and splash pads
in any setting subject to implementation of a specified protocol; permitted public and
private schools to begin planning for the forth-coming school year in compliance with
State guidance; and allowed hotels, motels, shared rental units, and similar facilities to
reopen for tourism and individual travel, in compliance with conditions set forth in a
protocol attached as an appendix to the order; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that: for residential tenants, restated the
existing temporary eviction moratorium and extended the period for which unpaid rent
will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants,
substantially modified the temporary eviction moratorium, defining three different
categories of commercial tenants, each of which receives varying protections, and
encouraging landlords and commercial tenants to negotiate modifications to rental
agreements and payment plans to accommodate changed economic circumstances of
commercial landlords and tenants arising from the financial impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings mandating the use of cloth face coverings by
the general public under specified circumstances when outside the home including
when inside of, or in line to enter, any indoor space and while outdoors in public spaces
when maintaining a physical distance of 6 feet from persons who are not members of
the same household or residence is not feasible; and
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WHEREAS, on June 18, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the June 11 Safer At Home Order with the exception that it
clarified the requirements that individuals leaving their residences must wear face
coverings when they are or can be in contact with or walking past others outside of their
household and permitted the reopening of the following business and activities no
earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At
Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators;
personal care services; and bars, wineries, breweries and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued
Executive Order N-70-20 which extended for an additional 60 days the tenth and
eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows
retailers to temporarily pause in-store redemption of beverage containers and
temporarily suspending the requirement for recycling centers to hold a minimum hours
of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54-
20, which had suspended Public Resources Code section 42283’s prohibitions relating
to retail establishments providing bags to customers at point of sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised
First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First
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Revised Eighteenth Supplements thereto; resolved that the local emergency shall be
deemed to continue and exist until its termination is proclaimed by the City Council; and
resolved that the Fourth Revised First, Second, and Revised Fourth through First
Revised Eighteenth Supplements shall be operative and remain in effect through June
30, 2020, or any later date expressly stated within the text of an individual supplement;
and
WHEREAS, on June 23, 2020, the Los Angeles County Department of
Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation
of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in
accordance with orders issued by the Los Angeles County Board of Supervisors,
recognized the extension of the County’s eviction through July 31, 2020, but, effective
June 1, 2020, excluded from application of the moratorium commercial tenancies where
the tenant has more than 100 employees and commercial tenancies where the tenant is
a multinational company or a publicly traded company; and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a
Second Revised Eighteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency that modified the
First Revised Eighteenth Supplement to: supersede and replace the Second
Supplement that closed the Pier, permitting the Pier to begin a phased reopening
subject to conditions to ensure social distancing as of June 24, 2020; extend the
suspension of outdoor dining license payments for City licensees through August 2020;
extend the deadline for applications for extensions of the delinquency date for business
license renewals to August 31, 2020; extend the authorization for temporary dining to
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adjacent private spaces not owned by the restaurant and to sidewalks in front of
adjacent buildings with the consent of either the owner or tenant; extend the
authorization for temporary dining to areas of the Pier to be specified by the Director of
Economic Development subject to specified conditions and any additional regulations;
extend the authorization for temporary dining to portions of the sidewalk or roadway in
the Third Street Promenade to be specified by the Director of Economic Development
subject to specified conditions and any additional regulations; authorize the temporary
use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of
the Pier to be specified by the Director of Economic Development for business activities
other than temporary dining, subject to specified conditions and any additional
regulations; authorize restaurants and other businesses to establish temporary parklets
for business activities and outdoor dining in on-street parking and loading spaces
adjacent to the restaurant or business, subject to specified conditions, specified design
and safety specifications, and any additional regulations; and specify that for
compliance with certain specified mandatory seismic retrofitting requirements, the two-
year extension for planning, review, and permit-related actions applies only if an
application was pending as of March 13, 2020 or submitted between March 13, 2020
and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in
some counties and the need to reduce non-essential gatherings where mixing and
disease spread occur, the California Department of Public Health ordered the closure in
certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs
not offering sit-down, dine-in meals that had reopened after June 12 in accordance with
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prior state and local guidance and reemphasized that alcohol can only be sold in such
establishments in the same transaction as a meal; and
WHEREAS, on June 28, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the June 18 Safer At Home Order with the exceptions that it
returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries
to the list of higher-risk businesses whose closure is required; and required restaurants
with a moderate risk or high risk permit issued by the County Department of Public
Health and other food facilities that provide in-person dining to follow a revised protocol
for on-site dining; and
WHEREAS, on June 29, 2020, the Los Angeles County Department of Public
Health issued a Reopening Safer at Work and in the Community for Control of COVID-
19 order requiring the temporary closure of all public beaches, piers, beach bicycle
paths and beach access points between July 3 and July 6; prohibiting all firework shows
and events until further notice; noting that the County has recently observed a sharp
increase in new COVID-19 cases and hospitalizations demonstrating the reality of
increased community transmission of COVID-19; and reemphasizing that State public
health directives and the current County Health Officer Order prohibit professional,
social, and community mass gatherings, with gatherings defined as meetings or other
events that bring together persons from multiple households at the same time for a
shared or group experience in a single room, space, or place; and
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WHEREAS, on June 29, 2020, the Director of Emergency Services issued a
Nineteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that, with certain specified exceptions,
extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth,
Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth,
Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July
31, 2020, or any later date expressly stated within the text of an individual supplement;
specified exceptions permitted impositions of late payment penalties for unpaid or
delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes
to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating
to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions
of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores
providing bags to customers at the point of sale without charge to expire as of July 1,
2020; Santa Monica Fire Department annual permits of operation to expire as of July 1,
2020; and issuance of parking citations associated with street sweeping to resume as of
July 1, 2020; and
WHEREAS, on June 30, 2020, the Governor of California issued Executive Order
N-71-20, which, among other things, found that minimizing evictions during this period is
critical to reducing the spread of COVID-19 in vulnerable populations by allowing those
most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in
their homes to reduce the transmission of COVID-19, and extended through September
30, 2020 Executive Order N-28-20’s suspension of any and all provisions of state law
that would preempt or otherwise restrict a local government’s exercise of its police
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powers to impose substantive limitations on residential and commercial evictions with
respect to COVID19-related rent payment issues; and
WHEREAS, on July 1, 2020, in a letter to California elected officials, the
Governor of the State of California noted the recent increase in COVID-19 cases,
including a concerning increase in hospitalizations; reminded Cities and Counties of
their power, conferred by the California Constitution, to take action to protect their
residents; called on elected officials to remain vigilant in efforts to protect the health and
safety of their communities; and emphasized the dire consequences of failing to ensure
compliance with public health orders, including a surge of COVID-19 cases and
fatalities and an unsustainable burden on health care services that may divert resources
from other health needs, further delaying reopening efforts; and
WHEREAS, on July 1, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the June 28 Safer At Home Order with the exceptions that it
noted the serious recent regression of COVID-19 indicators within the Count of Los
Angeles, which showed troubling and substantial increases in new daily reported
COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person
onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite
wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums
to the list of high-risk businesses required to close for at least 21 days and until further
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notice; and ordered the closure of indoor mall or shopping center food court dining and
seating areas for at least 21 days and until further notice; and
WHEREAS, on July 1, 2020, the Director of Emergency Services issued a
Twentieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that superseded and replaced the
Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home
Orders and the California Department of Health’s recent Guidance for the Use of Face
Coverings, set out specifics regarding the requirement that all individuals wear face
coverings whenever they leave their place of residence and are or may be in in contact
with non-household members in both public and private spaces; set out exemptions
from the face covering requirement; specify that business operators may refuse
admission or service to any person who fails to wear a face covering as required or to
comply with social distancing requirements imposed by the County Safer at Home
orders; and authorizes administrative citations with specified administrative fines for
both individuals and businesses failing to comply with the face covering requirements;
and
WHEREAS, on July 8, 2020, the Director of Emergency Services issued a
Twenty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency which was superseded and replaced on
July 9, 2020 by the Revised Twenty-First Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency and on
July 10, 2020 by the Second Revised Twenty-First Supplement to the Executive Order
of the Director of Emergency Services Declaring the Existence of a Local Emergency
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reducing the required number of nominating signatures for candidates in the November
3, 2020 general municipal election from 100 (as required under Santa Monica Municipal
Code Section 11.04.010) to 30 and waiving the $1 fee for each set of nomination papers
over the first two sets; and
WHEREAS, on July 13, 2020, in light of current data reflecting that community
spread of COVID-19 infection is of increasing concern across the state, the California
Department of Public Health ordered the statewide closure of all operations, indoors
and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and
entertainment venues, subject to specified exceptions; the statewide closure of indoor
operations of dine-in restaurants, wineries and tasting rooms, family entertainment
centers and movie theaters, indoor attractions at zoos and museums, and cardrooms;
and the closure in certain counties that currently appear on the Department’s County
Monitoring List and have been on the list for three consecutive days, which included Los
Angeles County, all indoor operations of gyms and fitness centers, places of worship,
protests, offices for non-critical infrastructure sectors, personal care services (including
nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and
malls; and
WHEREAS, on July 14, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the July 1 Safer At Home Order with the exceptions that it
ordered the closure of indoor operations of hair salons and barbershops, fitness
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facilities, and personal care establishments; permitted in-person faith-based services
and protests so long as they are held outdoors; ordered the closure of indoor portions
and operations of indoor malls and shopping centers; required that all indoor portions
and operations of any non-essential office-based business cease, subject to the
exception for minimum basic operations; and required that essential businesses,
healthcare operations, or essential infrastructure whose operations require employees
to operate from an office worksite require employees to telework to the extent feasible;
and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued the
First Revised Twentieth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency, which superseded
and replaced the Twentieth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency to further clarify the
requirement that all persons must wear face coverings whenever they leave their place
of residence and are or can be in contact with or walking near or past others who are
non-household members in both public and private spaces, including, but not limited to,
walking through common areas such as hallways, stairways, elevators, and parking
facilities; clarify that having a face covering visible and immediately ready to put on
whenever within 30 feet of another non-household member is intended to satisfy the
face covering requirement when walking, running, biking, or otherwise exercising or
moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions
permitting limited inquiries to those asserting exemptions from the face covering
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because of medical condition, mental health condition, or disability to prevent fraudulent
assertions of such exemptions; and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued a
Twenty-Second Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which extended the eviction
moratorium for residential tenants implemented by the Fifth Revised First Supplement to
September 30, 2020, and extended the eviction moratorium for commercial tenants
implemented by the Fifth Revised First Supplement to August 31, 2020; and
WHEREAS, on July 18, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the July 14 Safer At Home Order with the exceptions that it
stated its intent to continue to ensure that County residents remain in their residences
as much as practicable to limit close contact with others outside their household in both
indoor and outdoor spaces; reemphasized that all persons who can telework or work
from home should continue to do so as much as possible; restated that all gatherings of
people who are not part of a single household or living unit are prohibited except for the
limited purposes expressly permitted by the order; recognized that the State Public
Health Officer requires all public and private schools within the County of Los Angeles
to remain closed to in-person learning until certain criteria are satisfied and issued
reopening protocols for schools permitted to reopen to in-person learning; directed that
individuals instructed by their medical provider not to wear a face covering should wear
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a face shield with a drape on the bottom edge as long as their condition permits it; and
included revised reopening protocols for various types of businesses; and
WHEREAS, on July 28, 2020, the Director of Emergency Services issued a
Twenty-Third Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which, subject to the exceptions stated
in Section 2 of the Nineteenth Supplement, extended the effective dates of the Fifth
Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second
Supplements to August 31, 2020, or any later date expressly stated within the text of an
individual supplement; and,
WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised
First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth,
Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth,
First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second
Supplements thereto; resolved that the local emergency shall be deemed to continue
and exist until its termination is proclaimed by the City Council; and resolved that the
supplements being ratified above shall be operative and remain in effect through August
31, 2020, or any later date expressly stated within the text of an individual supplement;
and
WHEREAS, on August 12, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
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COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer At Home Orders and was
essentially equivalent to the July 18 Safer At Home Order with the exception that it
provided clarification regarding when elementary schools may seek a waiver to conduct
in-person instruction for grades TK-6; updated requirements for childcare facilities to
specify childcare must be carried out in stable groups of 12 or fewer children in the
same group each day, instead of 10; and aligned with new guidance for institutes of
higher education; and
WHEREAS, on August 22, 2020, the Director of Emergency Services issued a
Third Revised Eighteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency, which superseded
and replaced the prior versions of the Eighteenth Supplement to authorize the specified
uses of public and private outdoor spaces through the duration of LA County’s Safer at
Home Order, plus an additional 30 days, so long as businesses either enter into an
encroachment agreement with or obtain a permit from the City; allow the City to assess
a monthly fee for the use of space in the public right-of-way after November 1, 2020,
with 30 days’ notice provided to businesses; authorize the use of canopies and propane
heaters in private and public outdoor spaces in compliance with specified guidelines;
permit tables and chairs to be left secured outside the business overnight and so long
as there is at least five (5) feet of unobstructed access on the sidewalk; set standards
for decks in both parklets and private property used for outdoor business; require that
any structures put in place in any parklet be brought into compliance with the deck
standards in the Third Revised Eighteenth Supplement and that any structures for
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outdoor business activity on private property be brought into compliance with the deck
standards or other applicable building standards; set fines for violations of conditions for
operating in the public right-of-way and in private outdoor spaces through administrative
citations to be issued by Code Enforcement; and authorize the Director of the
Community Development Department to enter into temporary license agreements to
permit the temporary use of portions of certain public parking facilities or the Santa
Monica Pier, as designated by the Director, for temporary use by gyms and fitness
establishments; and
WHEREAS, on August 24, 2020, the Director of Emergency Services issued a
Twenty-Fourth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which made it a strict liability
offense punishable as a misdemeanor or by administrative citation for any responsible
person to conduct a gathering of 20 or more natural persons who are not part of a single
household or living unit at a residence or other private property; extended the eviction
moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement,
through September 30, 2020; subject to the exceptions specified in the Nineteenth and
Twenty-Third Supplements, extended the effective dates of the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third
Supplements to September 30, 2020, or any later date expressly stated within the text
of an individual supplement; and extended the suspensions of the discontinuation or
shut off of water service for non-payment of water or sewer bills and of late payment
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penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling
collections bills, as originally implemented by Sections 2, 3(a), and 3(c) of the Revised
Fifth Supplement, through December 31, 2020; and
WHEREAS, on August 28, 2020, the California Department of Public Health
issued a statewide order that, recognizing that community spread of infection remains a
significant concern across the state, and based on the current state of the pandemic in
California and current scientific understanding of transmission, further refined the
State’s approach to gradually reopen businesses and activities while reducing the risk of
increased community spread by adopting a targeted system for sector reopenings that
relies on a set of tiers corresponding to specific epidemiological profiles based on
indicators of disease burden including case rates per capita and percent of positive
COVID-19 tests and proportion of testing and other COVID-19 response efforts
addressing the most impacted populations within a county; under this revised
framework, local health jurisdictions may reopen, or must close, specified sectors
according to their county’s tier; and
WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill
3088, under which, among other things, no tenant can be evicted before February 1,
2021 as a result of rent owed due to a COVID-19 related hardship accrued between
March 4 and August 31, 2020, if the tenant provides a declaration of COVID-19-related
financial distress according to specified timelines; no tenant can be evicted for rent that
accrues but is unpaid due to a COVID-19 hardship between September 1, 2020 and
January 31, 2021, no tenant may be evicted if the tenant submits declarations of
COVID-19-related financial distress according to specified timelines and pays 25% of
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the unpaid rent due by January 31, 2020; and landlords are required to provide tenants
a notice detailing their rights under the legislation; and
WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the
Los Angeles County Department of Public Health issued a revised Reopening Safer at
Work and in the Community For Control of COVID-19 – Moving the County of Los
Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that
superseded all prior Safer at Home Orders and was essentially equivalent to the August
12 Safer at Home Order with the exception that it recognized that the daily number of
new cases is still high, and COVID-19 remains widespread in Los Angeles County; cited
the State’s August 28, 2020 issuance of its Blue Print for a Safer Economy, which
describes the tiered approach to relaxing and tightening restrictions on activities based
on specified criteria; allowed barbershops and hair salons to reopen indoor operations
at 25% of maximum occupancy and with required modifications, while encouraging
operators to provide as many services as possible outside; and, beginning September
14, 2020, allowed K-12 schools to offer in-school services for a small, stable cohort of
students with Individualized Education Programs or English Learners needing
assessments and/or specialized in-school services, with priority given to students with
disabilities; and
WHEREAS, on September 4, 2020, the United States Center for Disease Control
and Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like
quarantine, isolation, and social distancing – can be an effective public health measure
utilized to prevent the spread of communicable disease,” that eviction moratoria
“facilitate self-isolation by people who become ill or who are at risk for severe illness
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from COVID-19 due to an underlying medical condition” and “allow State and local
authorities to more easily implement stay-at-home and social distancing directives to
mitigate the community spread of COVID-19,” and that “housing stability helps protect
public health because homelessness increases the likelihood of individuals moving into
congregate settings, such as homeless shelters, which then puts individuals at higher
risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order,
applicable in any State or local area without a moratorium on residential evictions that
provides the same or greater level of public-health protections as the requirements in
the order, requiring that, through December 31, 2020, subject to further extension,
modification, or rescission, a landlord, owner of a residential property, or other person
with a legal right to pursue eviction or possessory action shall not evict any covered
person (as defined in the order) from any residential property in any State in which there
are documented cases of COVID-19; and
WHEREAS, on September 8, 2020, the City Council ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Fifth
Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second,
Twenty-Third, and Twenty-Fourth Supplements thereto; resolved that the local
emergency shall be deemed to continue and exist until its termination is proclaimed by
the City Council; and resolved that the supplements being ratified above shall, except
for those portions of earlier supplements that were not extended by the Nineteenth
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Supplement, be operative and remain in effect through September 30, 2020, or any
later date expressly stated within the text of an individual supplement; and
WHEREAS, on September 10, 2020, the Director of Emergency Services issued
a Twenty-Fifth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which permitted the Housing
Commission and Architectural Review Board to conduct certain meetings for identified
purposes;
WHEREAS, on September 18, 2020, the Director of Emergency Services issued
a Twenty-Sixth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which superseded and
replaced Section 1 of the Ninth Supplement to permit some events, activities, programs,
and gatherings scheduled in City facilities by permit or license if they are permitted by
and will be conducted in accordance with all requirements of the County Safer at Home
Order; authorized the Director of the Community Services Director to implement
guidelines and regulations to permit the use of City sites for drive-in movie theaters,
vehicle-based parades, concerts, and other events to the extent permitted by and
conducted in accordance with all requirements of the County Safer at Home Order;
extended the City’s moratorium on evictions of residential tenants for reasons other than
nonpayment of rent through December 31, 2020; extended the eviction moratorium for
nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised First
Supplement) through December 31, 2020, subject to the requirement that for rent due
after September 30, 2020, except for rent due for periods in which the commercial
tenant 1’s business remains closed because the County Safer at Home Order requires it
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to remain closed, the commercial tenant 1 must pay at least 50% of the rent due in
accordance with the terms for payment set out in the tenant’s lease; authorized the
Director of the Community Services Department to promulgate regulations and issue
permits for gym and fitness establishments to engage in commercial fitness activities at
City parks, City park parking lots, and City beaches; superseded and replaced Section 5
of the Revised Fifth Supplement so that penalties related to business licenses for fiscal
year 2020-2021 will begin to accrue as of September 1, 2020 unless an extension
application was timely filed pursuant to the Third Revised Eighteenth Supplement and
penalties related to business improvement district assessments for fiscal year 2020-
2021 are not suspended and will begin to accrue if the assessments are not timely paid;
and, with the same exceptions specified in the Nineteenth, Twenty-Third, and Twenty-
Fourth Supplements (the latter of which extended the expiration of the supplements to
September 30, 2020), extended the expiration of prior supplements that remained in
place to December 31, 2020 unless a later expiration date is provided in an individual
supplement; and
WHEREAS, on September 23, 2020, the Governor of the State of California
issued Executive Order N-80-20 which, among other things, recognizing that numerous
local jurisdictions have determined that promoting stability among commercial tenancies
is necessary to mitigate the economic impacts of COVID-19 and conducive to public
health and that the circumstances warranting these protections continue to exist and are
expected to continue to exist, extended through March 31, 2021 Executive Order N-28-
20’s suspension of any and all provisions of state law that would preempt or otherwise
restrict a local government’s exercise of its police powers to impose substantive
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limitations on commercial evictions with respect to COVID19-related rent payment
issues; and
WHEREAS, on October 2, 2020, as revised October 6, 2020, the Los Angeles
County Department of Public Health issued a revised Reopening Safer at Work and in
the Community For Control of COVID-19 – Moving the County of Los Angeles Into
Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior
Safer at Home Orders, recognized that existing community transmission of COVID-19 in
Los Angeles County remains widespread, noted that there remains a strong likelihood
that increased interactions among members of the public will result in a significant and
increasing number of cases of community transmission, noted that the daily number of
new cases while not currently substantially increasing is still high, and was essentially
equivalent to the September 4 Safer at Home Order with the exception that it added nail
salons to the list of Lower-Risk Businesses allowed to reopen for indoor operations at
25% of maximum occupancy and with required modifications, permitted outdoor dining
at non-restaurant breweries and wineries in compliance with specified conditions, and
permitted children’s playgrounds to open subject to access or use restrictions imposed
by the Health Officer and local government entities to reduce crowding and the risk of
COVID-19; and
WHEREAS, on October 7, 2020, the Director of Emergency Services issued a
Twenty-Seventh Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, that: suspended the issuance
of permits for street performers at the Pier, Third Street Promenade, and Transmit Mall,
with the result that street performers will not be allowed in those spaces during their
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most crowded times, after noon Monday through Friday and on weekends and holidays;
authorized the Director of the Community Development Department to issue regulations
authorizing businesses to post curbside pickup signs on parking meters adjacent to or
near the business and designating spaces in public parking lots where the City may
post curbside pickup signs; temporarily suspended certain Municipal Code requirements
regarding procedures relating to HUD Community Development Block Grants that are
inconsistent with HUD procedures adopted in light of the COVID-19 pandemic; and
authorized the Director of the Community Development Department to issue regulations
regarding and issue temporary use permits for certain uses allowed by the County
Safer at Home Order, including temporary outdoor sales and special events, for a
period longer than 45 days but less than 180 days; and
WHEREAS, on October 9, 2020, the California Department of Public Health,
noting that COVID-19 continues to pose a severe risk to communities and requires all
people in California to follow necessary precautions and to adapt the way they live and
function in light of this ongoing risk, noting that the safest way to gather is to spend time
with people in the same household or to gather virtually, and noting that limiting
attendance at gatherings is a way to reduce the risk of spread and increase the
effectiveness of contact tracing if a positive case is discovered, issued mandatory
guidance for private gatherings that, among other things, limited them to no more than 3
households, required them to occur in space sufficient for everyone to maintain at least
6 feet of physical distance from any others not in their own household, and required the
wearing of face coverings; and
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WHEREAS, on October 14, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer at Home Orders, recognized
that existing community transmission of COVID-19 in Los Angeles County remains
widespread and continues to present a substantial and significant risk of harm to
residents’ health, noted that there remains a strong likelihood that increased interactions
among members of the public will result in a significant and increasing number of cases
of community transmission, noted that the daily number of new cases while not currently
substantially increasing is still high, and was essentially equivalent to the October 6
Safer at Home Order with the exception that, to align with the California Department of
Public Health October 9, 2020 guidance on private gatherings, it allowed private
gatherings of persons from no more than 3 households, but only in compliance with
strict requirements including that they must occur outdoors in a space large enough for
everyone to maintain at least 6 feet of physical distance from any others not in their own
household, be limited to two hours or less, and be conducted in accordance with social
distancing requirements including the wearing of face coverings; and
WHEREAS, on October 23, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer
at Home Orders and was essentially equivalent to the October 14 Safer at Home Order
with the exception that it permitted personal care establishments to offer services
indoors with modifications; permitted batting cages, miniature golf, and go cart racing to
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operate outdoors; clarified that food court dining rooms in an indoor mall or shopping
center must remain closed; increased the percentage of students with individual
education programs and English learners and other high-need students to return to a K-
12 campus; and permitted schools to reopen from TK to second grade for class
instruction with a waiver application approved by the Los Angeles County Department of
Public Health; and
WHEREAS, on October 27, 2020, the City Council ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Fifth
Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second,
Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, and Twenty-Seventh
Supplements thereto; resolved that the local emergency shall be deemed to continue
and exist until its termination is proclaimed by the City Council; and resolved that the
supplements being ratified above shall, except for those portions of earlier supplements
that were not extended by the Nineteenth Supplement, be operative and remain in
effect through December 31, 2020, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on November 13, 2020, noting that the incidence of COVID-19 is
increasing in many states and countries and that travel itself can be a risk for exposure
to COVID-19, the California Department of Health issued a travel advisory, encouraging
Californians to stay home or in their region and avoid non-essential travel to other states
or countries; and
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WHEREAS, on November 16, 2020, the California Department of Public Health
issued Guidance for the Use of Face Coverings, superseding the face covering
guidance it issued on June 18, 2020, that requires persons to wear face coverings when
they are outside of their home, unless an enumerated exemption applies;
WHEREAS, on November 19, 2020, the California Department of Public Health,
citing the recent, unprecedented rate of rise in increase in COVID-19 cases across
California, issued a Limited Stay at Home Order effective from November 21, 2020 at
10 pm PST to 5 am PST on December 21, 2020 in counties under Tier One (Purpose)
of California’s Blueprint for a Safer Economy requiring that all gatherings with members
of other households and all activities conducted outside the residence, lodging, or
temporary accommodation with members of other households cease between 10:00 pm
PST and 5:00 am PST, except for those activities associated with the operation,
maintenance, or usage of critical infrastructure or required by law;
WHEREAS, on November 19, 2020, the Los Angeles County Department of
Public Health issued a revised Reopening Safer at Work and in the Community For
Control of COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order
that superseded all prior Safer at Home Orders and became effective on November 20,
2020 and was essentially equivalent to the October 23 Safer at Home Order with the
exception that it limited the number of persons at private outdoor gatherings to 15
persons and made other clarifications on permissible private outdoor gatherings; limited
the number of customers at outdoor restaurants, breweries, and wineries to 50% of the
establishment’s outdoor capacity and prohibited in-person outdoor dining between the
hours of 10:00 pm and 6:00 am; limited the number of customers at outdoor cardrooms,
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miniature golf, batting cages, and go cart racing to 50% of the establishment’s outdoor
capacity; limited the number of persons at indoor operations for retail, office, and
personal care to 25% capacity; clarified that an essential business must comply with the
social (physical) distancing protocol and all other applicable protocols; and specified the
type of retail food market that must comply with the new protocol for grocery stores and
retail food markets; and
WHEREAS, on November 23, 2020, the Director of Emergency Services issued
a Twenty-Eighth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which authorized, and provided
rules and authorized the Director of the Community Development Department to issue
regulations regarding, the temporary extension by certain eligible businesses of their
operations into unused portions of the parking lane on Main Street where the City has
placed K-rails; waived the permit fee for tents larger than 400 square feet for any
special event permit filed with the Santa Monica Fire Department in connection with a
temporary use authorized by Sections 1 to 10 of the Twenty-Eighth Supplement or
Sections 19 to 78 of the Third Revised Eighteenth Supplement; expanded temporary
curbside pickup zones by allowing the designation and use of on-street parking spaces
where no metered spaces are adjacent to the business; clarified that the two-year
extension of deadlines for planning, review, and permit actions implemented by the
Third Revised Eighteenth Supplement does not extend the deadlines for appeals as set
forth in Articles VIII and IX of the Santa Monica Municipal Code; authorized voluntary
temporary disconnection of City water service for commercial property accounts,
excluding fire service accounts, upon payment of a temporary disconnection fee of
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$208.00; clarified that landlords’ service of required Notices of Terminations of Tenancy
in accordance with instructions from the Rent Control Board upon its acceptance of a
notice of intent to Ellis a building will not violate the eviction moratorium, while
specifying that no unlawful detainer action based on removal of a unit from the rental
market pursuant to the Ellis Act may be filed until sixty days after the expiration of the
Twenty-Eighth Supplement; and extended the suspensions of water service shut off and
imposition of late payment penalties for unpaid or delinquent water, sewer, and/or
refuse and recycling collection bills through March 31, 2021; and
WHEREAS, on November 25, 2020, the Los Angeles County Department of
Public Health issued a revised Reopening Safer at Work and in the Community For
Control of COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order
that superseded all prior Safer at Home Orders; recognized the recent steep surge of
COVID-19 cases and large increases in hospitalizations and testing positivity rates in
the County; noted that existing community transmission of COVID-19 in Los Angeles
County remains widespread and continues to present a substantial and significant risk
of harm to residents’ health; noted that there remains a strong likelihood that increased
interactions among members of the public will result in a significant and increasing
number of cases of community transmission; noted that because even people without
symptoms can transmit the virus and because evidence shows the infection is easily
spread, preventing, limiting, and placing conditions on various types of gatherings and
other direct and indirect interpersonal interactions have been proven to reduces the risk
of transmitting the virus; and was essentially equivalent to the November 19 Safer at
Home Order with the exceptions that it: aligned the County Safer at Home Order with
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California’s November 19, 2020 Limited Stay at Home Order (effective November 21 at
10:00 pm PST) by requiring that all gatherings with members of other households and
all activities conducted outside the residence, lodging, or temporary accommodation
with members of other households cease between 10:00 pm PST and 5:00 am PST,
except for those activities permitted by the Safer at Home Order or required by law;
required restaurants, breweries, and wineries to only offer food and beverage via take-
out, prohibiting both indoor and outdoor on-site food and beverage service, for the
period November 25 through at least December 17, 2020; and
WHEREAS, on November 28, 2020, the Los Angeles County Department of
Public Health issued a Temporary Targeted Safer at Home Health Officer Order for
Control of COVID-19: Tier 1 Substantial Surge Response, effective from 12:01 am PST
on November 30, 2020 to 11:59 pm PST on December 20, 2020, that, for this time
period, temporarily replaces the November 25, 2020 Safer at Home Order; recognized
the recent substantial rise in COVID-19 cases, hospitalizations, and deaths in Los
Angeles County; stated the Health Officer’s expectation that both the number of new
cases and hospitalizations will continue to rapidly increase over the next 21 days; and,
among other things: directs all persons to stay home, except to travel to and from
Essential Businesses, to work at or provide service to a Healthcare Operation or
Essential Infrastructure, to work at, perform or obtain services from an Essential
Governmental Function, or to participate in permitted individual or household activities
while practicing social distancing; prohibits all public and private gatherings and events
with people from more than one household except for outdoor faith-based services and
outdoor protests, and as permitted in paragraph 9 of the order; requires all persons
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leaving their residences to strictly comply with Social (Physical) distancing
requirements, including wearing a face covering or mask over both the nose and mouth
whenever they are or can be in contact with or waking near or past others who are non-
household members in both public and private places, whether indoors or outdoors;
maintains the requirement that all permitted activities with individuals of other
households and all activities conducted outside the residence, lodging, or temporary
accommodation with members of other households must cease between 10:00 pm and
5:00 am (PST) except for those activities associated with the operation, maintenance, or
usage of an Essential Business, Healthcare Operation, Essential Infrastructure,
Essential Government Function, or required by law; maintains the closure of onsite
indoor and outdoor dining at all restaurants, allowing them to open only for takeout and
delivery; requires the closure of playgrounds, except for playgrounds located within
childcare centers or schools; and imposes stricter capacity and other limitations on
many Lower-Risk Businesses and permitted activities; and
WHEREAS, on November 30, 2020, the Director of Emergency Services issued
a Twenty-Ninth Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which extended to January 31,
2021, the moratorium on evictions of residential tenants for reasons other than
nonpayment of rent; extended to January 31, 2021, the moratorium on evictions of
commercial tenant 1s (as defined in the Fifth Revised First Supplement) for nonpayment
of rent, subject to the limitation the moratorium would apply to certain commercial tenant
1s only if they paid 50% of rent due for certain periods after September 30, 2020;
extended to January 31, 2021, the authorization for expanded temporary curbside
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pickup zones; authorized the Housing Commission to meet to review and make
recommendations regarding the update to the City’s Housing Element; and suspended
through March 31, 2021 late payment penalties for unpaid or delinquent Transient
Occupancy Taxes collected by hotels for periods beginning on or after November 1,
2020 (an earlier suspension of such penalties expired as of June 30, 2020); and
WHEREAS, on December 3, 2020, the California Department of Health, citing
the unprecedented surge in the level of community spread of COVID-19, noting current
projections showing that without additional intervention to slow the spread of COVID-19
the number of available adult Intensive Care Unit (“ICU”) beds in California will be at
capacity in mid-December, and finding that because the rate of increases in new cases
continues to escalate and threatens to overwhelm the state’s hospital system further
aggressive action is necessary, imposed, effective December 5, 2020 at 12:59 pm PST,
a regional stay at home order that, when adult ICU bed capacity for any region is less
than 15% (a threshold currently reached by the Southern California region that includes
Los Angeles County), among other things: prohibits all gatherings with members of
other household except as expressly permitted by the order; requires all individuals to
stay home or at their place of residence except as necessary to conduct activities
associated with the operation, maintenance, or usage of critical infrastructure, as
required by law, or as specifically permitted by the order; permits worship and political
expression outdoors, consistent with existing guidance for those activities; and requires
all retailers allowed to operate indoors to do so at no more than 20% capacity in
accordance with guidance for retailers; and
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WHEREAS, on December 6, 2020, the Los Angeles County Department of
Public Health issued a Revised Temporary Targeted Safer at Home Health Officer
Order for Control of COVID-19: Tier 1 Substantial Surge Updated Response, effective
from 12:01 am PST on December 6, 2020 until at least 11:59 pm PST on December 27,
2020, that, for this time period, temporarily replaces the November 25, 2020 Safer at
Home Order and supersedes the November 30, 2020 Safer at Home Order and, among
other things: requires lower-risk retail businesses to conduct entrance metering of
customers and prohibit eating or drinking inside such businesses; requires indoor and
outdoor malls and shopping centers to conduct entrance metering of customers and
encourages special hours to be instituted for seniors and those with chronic conditions
or compromised immune systems; prohibits recreational overnight stays at
campgrounds; prohibits hotels, motels, and shared rental units from accepting or
honoring out-of-state reservations for non-essential travel that are for a period of less
than 14 days; and modifies the maximum indoor capacity for essential retail businesses
to 20%; and
WHEREAS, on December 8, 2020, the Director of Emergency Services issued a
Thirtieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which, to assist with the City’s Buy Local
initiative that encourages shopping at local businesses, authorized suspension of hourly
parking fees for daily short-term visitors in City parking structures 1 through 6 for the
period from December 11 through 26, 2020; and superseded and replaced Sections 1
through 3 of the Seventh Supplement with amended rules regarding off-site and retail
alcohol sales that, in particular, add the requirement that authorized sales of to-go
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alcoholic beverages may be delivered to customers only at the same time as the
required accompanying meals; and
WHEREAS, on December 15, 2020, the City Council ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Fifth
Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second,
Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-
Eighth, and Twenty-Ninth Supplements thereto; resolved that the local emergency shall
be deemed to continue and exist until its termination is proclaimed by the City Council;
and resolved that the supplements being ratified above shall, except for those portions
of earlier supplements that were not extended by the Nineteenth Supplement, be
operative and remain in effect through December 31, 2020, or any later date expressly
stated within the text of an individual supplement; and
WHEREAS, on December 19, 2020, the Los Angeles County Department of
Public Health, in response to the sustained and substantial rise in COVID-19 cases,
hospitalizations, and deaths, issued a Revised Temporary Targeted Safer at Home
Health Officer Order for Control of COVID-19: Tier 1 Substantial Surge Updated
Response, effective from 12:01 am PST on December 19, 2020 until at least 11:59 pm
PST on December 27, 2020, that, for this time period, temporarily replaces and
supersedes the earlier Safer at Home and Temporary Targeted Safer at Home Orders
and is substantially equivalent to the December 6, 2020 Temporary Targeted Safer at
Home Order with the exceptions, among others, that it specifies that the required
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closure of personal care establishments does not extend to medical massage that is
done based on a referral by a physician or chiropractor; specifies that all employees of
any non-retail Lower-Risk Business that is a manufacturing and logistics sector
business that supplies Lower-Risk Retail Businesses must wear a face covering over
the nose and mouth at all times while present at work; specifies that outdoor seating at
indoor and outdoor malls, shopping centers, swap meets, and restaurants is closed to
the public; specifies that overnight stays at campgrounds are permissible if used for
COVID-19 mitigation and containment measures, providing accommodation for
essential workers or those displaced as a result of fire or other emergency, or providing
housing solutions to protect homeless populations; and, to align with recent Supreme
Court rulings for places of worship, permits attendance at in-person faith-based services
or practices, both indoors and outdoors, subject to compliance with physical distancing
and infection control requirements; and
WHEREAS, on December 22, 2020, the California Department of Public Health
issued a Supplement to its November 19, 2020 Limited Stay at Home Order, extending
that order such that it will remain in place until and expire only after the December 3,
2020 Regional Stay at Home Order has terminated in all regions in the State of
California; and
WHEREAS, on December 22, 2020, the Director of Emergency Services issued
a Thirty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which extended the moratorium on
evictions of residential tenants for reasons other than non-payment of rent through
March 31, 2021; required landlords to report efforts to evict residential tenants by
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emailing the City Attorney’s Office at EMReports@smgov.net unredacted copies of any
notices provided in an effort to evict, including any termination notice (for example, the
15-day notice required by the COVID-19 Tenant Relief Act of 2020) or a Summons and
Complaint for Unlawful Detainer, within two days of serving any such notice on a tenant;
provided that the Annual Taxicab Vehicle Permit Fee for the period beginning February
1, 2020, and ending January 31, 2021, will be based on the actual number of taxicab
vehicles in operation rather than the number of taxicab vehicles permitted to operate;
with prior specified exceptions, extended the expiration of prior supplements that
remained in place to January 31, 2021 -- two new exceptions to the extension were: (a)
the suspension of preferential parking enforcement in all zones other than zone 3 was
extended only through January 3, 2021, with the result that enforcement of preferential
parking would resume in all blocks in all zones in the City as of 12:01 am January 4,
2021; and (b) the limitations on and suspensions of conducting meetings of City Boards,
Commissions, and other appointed bodies were lifted as of December 31, 2020, with
the result that beginning January 1, 2021, meetings could be conducted in accordance
with the direction provided by the City Council at its December 15, 2020 meeting; and
WHEREAS, on December 27, 2020, the Los Angeles County Department of
Public Health, in response to the sustained and substantial rise in COVID-19 cases,
hospitalizations, and deaths, extended its December 19, 2020 Revised Temporary
Targeted Safer at Home Health Officer Order for Control of COVID-19: Tier 1
Substantial Surge Updated Response, effective from 11:59 pm PST on December 27,
2020 to remain in effect for as long as the State Public Health Officer’s Regional Stay at
Home Order remains in effect in the Southern California Region; and
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WHEREAS, on December 29, 2020, the Los Angeles County Department of
Public Health, in response to the sustained and substantial rise in COVID-19 cases,
hospitalizations, and deaths, issued a Revised Temporary Targeted Safer at Home
Health Officer Order for Control of COVID-19: Tier 1 Substantial Surge Updated
Response, effective from 11:59 pm PST on December 29, 2020, to remain in effect for
as long as the State Public Health Officer’s Regional Stay at Home Order remains in
effect in the Southern California Region, that was substantially equivalent to the
December 19, 2020 Temporary Targeted Safer at Home Order, as extended December
27, 2020, with the exception that it added a requirement that persons arriving int he
County of Los Angeles from other states or countries on non-essential travel, including
returning Count of Los Angeles or California residents, must practice self-quarantine for
10 days after arrival, limiting their interactions to those within their immediate
household; and
WHEREAS, on December 30, 2020, the Los Angeles County Department of
Public Health, in response to the sustained and substantial rise in COVID-19 cases,
hospitalizations, and deaths, issued a Revised Temporary Targeted Safer at Home
Health Officer Order for Control of COVID-19: Tier 1 Substantial Surge Updated
Response, effective from 11:59 pm PST on December 30, 2020, to remain in effect for
as long as the State Public Health Officer’s Regional Stay at Home Order remains in
effect in the Southern California Region, that was substantially equivalent to the
December 29, 2020 Temporary Targeted Safer at Home Order, with the exception that
it added an Appendix W: Mandatory Directive on Travel to establish rules for mandatory
quarantine after non-essential travel, and modified the requirements for return from
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travel to provide that, except as provided in Appendix W, persons arriving in the County
of Los Angeles from anywhere outside of the Southern California Region on or from
non-essential travel, including returning County of Los Angeles residents, must self-
quarantine for 10 days after arrival, staying at home or another place of temporary
shelter and away from contact with others, including those in one’s household (unless
they are also under quarantine) for a period of at least 10 days if no COVID-19
symptoms develop; and
WHEREAS, on January 5, 2021, the County of Los Angeles, citing the
continued, unprecedented public health and economic crisis due to the COVID-19
pandemic, noting the expiration on January 31, 2021 of both the AB 3088 eviction
protections to residential tenants who are unable to pay rent during the COVID-19
emergency and the AB 3088 preemption of actions by local governments to protect
residential tenants from eviction for nonpayment of rent due to financial distress related
to COVID-19, and noting the critical importance as winter months and colder
temperatures arrive of continuing protections that can keep residents in their homes and
off the streets, adopted a resolution extending the County’s eviction moratorium through
February 28, 2021, with further extensions to be reevaluated every thirty days, and
applying the moratorium to nonpayment of rent incurred between February 1, 2021 and
February 28, 2021 by both commercial and residential tenants so long as the reason for
nonpayment is financial impacts related to COVID-19 and the tenants have provided
notice to their landlords of their inability to pay within seven days after the date that rent
was due; and
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WHEREAS, on January 11, 2021, the Los Angeles County Department of Public
Health, in response to continuing increases in COVID-19 cases, hospitalizations, and
deaths, issued an urgent plea for everybody to be extremely cautious and very careful;
to avoid, as much as possible, contact with others that are not in their households; and
when they must go out, to work or for essential services, to always wear a mask, keep
their distance form others, wash their hand frequently, and bring sanitizing wipes with
them to wipe down cell phones, car keys, workstations, door handles, and anything else
they touch and other people are touching; and
WHEREAS, on January 19, 2021, the Director of Emergency Services issued a
Thirty-Second Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which extended the City’s
moratorium on evictions of residential tenants for non-payment of rent due to the
financial impacts of COVID-19 to apply to rent due and unpaid during the period
February 1, 2021 through March 31, 2021; extended the moratorium on eviction for
nonpayment of rent by a commercial tenant 1 to apply to rent due and unpaid due to the
financial impacts of COVID-19 through March 31, 2021, and extended the date by which
a commercial tenant 1 may repay unpaid rent from June 30, 2021 to September 30,
2021; subject to exceptions specified in the Nineteenth and Thirty-First Supplements,
extended the expiration of prior supplements that remained in place to March 31, 2021;
and authorized BBB to modify its existing agreement with the entity that markets
advertising on BBB buses; and
WHEREAS, on January 20, 2021, President Biden signed an executive order
mandating that the United States Center for Disease Control extend its current eviction
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moratorium until at least March 31, 2021, and the Director of the CDC, noting that the
COVID-19 pandemic has presented a historic threat to our nation’s health and also
triggered a housing affordability crisis that disproportionately affects some communities,
announced that it was extending its order temporarily halting residential evictions until at
least March 31, 2021; and
WHEREAS, on January 25, 2021, noting that while there are positive signs that
COVID-19 is spreading at a slower rate across the state the COVID-19 pandemic is far
from over; that it is still critical that Californians continue to wear masks when they leave
their homes, maintain physical distance of at least 6 feet, wash their hands frequently,
avoid gatherings and mixing with other households, and follow all state and local health
department guidance and get the vaccine when it is their turn; and that the majority of
counties remain in the strictest, or purple, tier that indicates which activities and
businesses may open based on local case rates and test positivity, the California
Department of Health ended the state’s Regional Stay at Home Order, allowing all
counties statewide to return to the rules and framework of the Blueprint for a Safer
Economy; and
WHEREAS, on January 25, 2021, the Los Angeles County Department Public
Health, in light of the California Department of Public Health’s lifting of the State’s
Regional Stay at Home Order, reinstated the November 25, 2020 County Safer at Home
Order with additional updates, including modified guidance for attending faith-based
services; and
WHEREAS, on January 26, 2021, the City Council ratified the proclamation of
local emergency made by the Director of Emergency Services, as well as the Fifth
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Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second,
Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-
Eighth, Twenty-Ninth, Thirtieth, Thirty-First, and Thirty-Second Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council; and resolved that the supplements being
ratified above shall, except for those portions of earlier supplements that were not
extended by the Nineteenth and Thirty-First Supplements, be operative and remain in
effect through March 31, 2021, or any later date expressly stated within the text of an
individual supplement; and
WHEREAS, on January 28, 2021, the Director of Emergency Services issued a
Thirty-Third Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Exhibit C”), which permitted satellite
outdoor dining in portions of the roadway in the Third Street Promenade pursuant to
limitations set out in the supplement and regulations to be issued by the Director of the
Community Development Department; given the pending expiration of AB 3088’s
eviction protections for residential tenants for nonpayment of rent due to COVID-19
financial distress, extended the City’s moratorium on evictions of residential tenants for
non-payment of rent due to the financial impacts of COVID-19 to apply to rents due and
unpaid during the period February 1, 2021 through June 30, 2021; and extended the
City’s moratorium on evictions of tenants for reasons other than nonpayment of rent
through June 30, 2021;
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WHEREAS, on January 29, 2021, California enacted SB 91, which extended the
expiration of the state moratorium on evictions for nonpayment of rent due to COVID-19
financial distress from February 1, 2021 to July 1, 2021, and included provisions
preempting local eviction moratoriums; and
WHEREAS, on January 29, 2021, the Los Angeles County Department Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that
superseded all prior Safer at Home Orders; noted the recent decline of COVID-19
cases, hospitalizations, and testing positivity rates in the County, while also noting that
the County remained in the most restrictive tier of the State’s Blueprint for a Safer
Economy and the community transmission of COVID-19 even as daily case counts were
decreasing remained high and widespread within the County; and revised the January
25, 2021 Safer at Home Order to reopen some additional businesses with updated
protocols and remove the closure of Lower-Risk Retail Business between the hours of
10:00 pm – 5:00 am; and
WHEREAS, on February 10, 2021, the Los Angeles County Department Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that
superseded all prior Safer at Home Orders and modified the January 29, 2021 Safer at
Home Order in light of a recent U.S. Supreme Court decision and subsequent change
made by the State related to restrictions on ;aces of worship, permitted places of
worship to open for indoor services limited to 25% of indoor capacity and continued
compliance with specified conditions; and
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WHEREAS, on February 18, 2021, the Los Angeles County Department Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that
superseded all prior Safer at Home Orders and modified the February 10, 2021 Safer at
Home Order to note that per the State consolidated framework and guidance, when the
Los Angeles County adjusted daily case rate has been less than 25 per 100,000
population for five consecutive days and the school has met all state and county
requirements for reopening, schools may open for in person instruction for students in
grades TK-6; and
WHEREAS, on March 5, 2021, the California Department of Public Health
updated the activity and business tiers under its Blueprint for a Safer Economy to
provide for modified criteria for the tiers depending on levels of vaccination; and
WHEREAS, on March 12, 2021, the Los Angeles County Department Public
Health issued a revised Reopening Safer at Work and in the Community For Control of
COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that
superseded all prior Safer at Home Orders; noted that Los Angeles County would be
entering the Red Tier of the State’s Blueprint for a Safer Economy effective March 13,
2021; lifted some local activity-specific restrictions effective 12:01 am, Monday, March
15, 2021; but noted that Los Angeles County continues to experience rates of COVID-
19 transmission, the danger COVID-19 poses has not subsided, most people in our
community are still not vaccinated, and new variants of the virus that may spread more
easily or cause more severe illness are present in Los Angeles County, though their
impact on the local pandemic is largely unknown; and cautioned that businesses,
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entities, and residents should continue exercising caution even as certain restrictions
are lifted; and
WHEREAS, as of March 14, 2021, the Los Angeles County Department of Public
Health has confirmed 1,210,265 cases of COVID-19 in Los Angeles County and has
continued to advise that bold and aggressive measures are required to be put in place
to prevent the further spread of COVID-19; and
WHEREAS the findings included in each Executive Order and Supplement to the
Executive Order referenced herein are included herein as if stated in full; and
WHEREAS the Centers for Disease Control and Prevention, the California
Department of Public Health, and the Los Angeles County Department of Public Health
have issued public health recommendations that, even while vaccinations are ongoing
and the vaccinated population is increasing, include but are not limited to social
distancing between non-household members, staying in one’s home if sick, canceling or
postponing group events and gatherings other than those expressly permitted, 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, July 14,
July 28, September 8, October 27, 2020, and December 15, 2020, and January 26,
2021, the above described events are creating conditions of extreme peril and such
conditions are likely to be beyond the control of the services, personnel, equipment, and
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facilities of the City, requiring the combined forces of other political subdivisions to
combat; and
WHEREAS in the interest of public health and safety, as affected by the global,
national, state, and local emergency caused by the spread of COVID-19, it is necessary
to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa
Monica Municipal Code to ratify the actions of the Director of Emergency Services
related to the protection of life and property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The Executive Order of the Director of Emergency Services Declaring
the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) is hereby ratified.
SECTION 2. The Revised Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Exhibit B”) is hereby ratified.
SECTION 3. The Fifth Revised First Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 4. The Revised Fourth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 5. The Revised Fifth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
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SECTION 6. The Sixth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency 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 is hereby ratified.
SECTION 8. The Eighth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency 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 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 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 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 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 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 is hereby ratified.
SECTION 15. The Seventeenth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
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SECTION 16. The Third Revised Eighteenth Supplement to the Executive Order
of the Director of Emergency Services Declaring the Existence of a Local Emergency is
hereby ratified.
SECTION 17. The Nineteenth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency 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 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 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 is hereby
ratified.
SECTION 21. The Twenty-Third Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 22. The Twenty-Fourth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
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SECTION 23. The Twenty-Fifth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 24. The Twenty-Sixth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 25. The Twenty-Seventh Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 26. The Twenty-Eighth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 27. The Twenty-Ninth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 28. The Thirtieth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 29. The Thirty-First Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 30. The Thirty-Second Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
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SECTION 31. The Thirty-Third Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) is
hereby ratified.
SECTION 32. It is hereby proclaimed that a local emergency now exists throughout
the City. It is further proclaimed and ordered that during the existence of this local
emergency the powers, functions, and duties of the Director of Emergency Services and
the emergency organization of this City shall be those prescribed by State law and by the
ordinances and resolutions of this City.
SECTION 33. 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 34. 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 35. The Fifth Revised First, Revised Fourth, Revised Fifth, Sixth,
Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth,
Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-
First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-
Seventh, Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-First, Thirty-Second, and Thirty-
Third Supplements to the Executive Order of the Director of Emergency Services
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Declaring the Existence of a Local Emergency shall, except for those portions of earlier
supplements that were not extended by the Nineteenth and Thirty-First Supplements,
remain in effect until March 31, 2021, at 11:59 p.m., or any later date expressly stated
within the text of an individual Supplement, at which time they shall automatically expire
unless earlier extended or expressly superseded by an action of the City Council or by a
further Executive Order of the Director of Emergency Services or Supplement thereto.
SECTION 36. If any section, subsection, sentence, clause, or phrase of this
Resolution, the Executive Order, or any Supplement or Revised Supplement to the
Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Resolution, the Executive Order, or any Supplement or
Revised Supplement to the Executive Order. The City Council hereby declares that it
would have passed this Resolution, the Executive Order, and any Supplement or Revised
Supplement to the Executive Order and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of this Resolution, the Executive Order, or any Supplement or Revised Supplement
to the Executive Order would be subsequently declared invalid or unconstitutional.
SECTION 37. 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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That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department
of Public Health declared a local emergency and local public health emergency to aid the
regional healthcare and governmental community in responding to COVID-19; and
That, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for broader
spread of COVID-19; and
That, on March 11, 2020, the Director-General of the World Health Organization
characterized COVID-19 as a pandemic; and
That, on March 13, 2020, the President of the United States of America declared a
national emergency and that the federal government would make $50 billion in emergency
funding to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health
reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases
identified as likely due to community transmission; and
That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a
major tourist destination, has two major hospitals and an airport within its jurisdiction, is a
significant destination for business travel, and is adjacent to and contiguous on three sides with
the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and
across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures
to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response
to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support
ongoing emergency actions in response to the spread of COVID-19; and
That the City intends to continue to take bold and aggressive actions to protect the public
health and safety during this local, state, and national public health emergency; and
That the above described events are creating conditions of extreme peril and such
conditions are likely to be beyond the control of the services, personnel, equipment, and facilities
of the City, requiring the combined forces of other political subdivisions to combat; and
That, on March 13, 2020, in my capacity as Director of Emergency Services, I issued a
proclamation of local emergency to declare the existence of a local emergency; and
That this revised proclamation is issued as an additional precaution and out of an
abundance of caution in accordance with laws related to use of digital signatures; and
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That the City Council of the City of Santa Monica is not in session and cannot
immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local
emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said
local emergency, the powers, functions, and duties of the emergency organization of the City
shall be as prescribed by federal and state law, and by City ordinances and resolutions of this
City.
ADOPTED this 14th day of March 2020.
By: _____________________________
RICK COLE
City Manager
Director of Emergency Services
ATTEST:
___________________
DENISE ANDERSON-WARREN
City Clerk
This proclamation has been issued in accordance with applicable law and is in effect and carries
the force of law until March 20, 2020, on which date it expires unless confirmed and ratified by
the City Council.
APPROVED AS TO FORM:
______________________
LANE DILG
City Attorney
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THIRTY-THIRD SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR
OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS international, national, state, and local health and governmental authorities
are responding to an outbreak of respiratory disease caused by a novel coronavirus named
“SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,”
abbreviated COVID-19, (“COVID-19”); and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and
Department of Public Health declared a local emergency and local public health emergency to
aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the State prepare for broader
spread of COVID-19; and
WHEREAS, on March 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
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the City may assess the financial impacts of COVID-19 prior to engaging in collective
bargaining, and suspending various human resources processes in order to decrease in-person
meetings and enable effective emergency response, including suspending requirements
associated with the administration of competitive examinations and the appointment of
individuals from eligibility lists; suspending certain requirements and minimum qualifications
associated with the appointment of temporary, limited-term, and as-needed employees; and
modifying the Municipal Code to state that certain additional appointments will be subject to a
probationary period; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California
Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting
restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site
consumption via delivery and take-out; and
WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health
issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19,
amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all
nonessential businesses and prohibiting gatherings of non-household members; and
WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica
the Executive Order N-33-20, issued by the Governor of the State of California on March 19,
2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of
COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020
(the “County Safer at Home Order” or “Safer at Home Order”), including any later amendments
or successors thereto, the stricter of which shall apply if there is any conflict between the
Governor’s Stay at Home Order and the County Safer at Home Order; and authorizing the City
to issue administrative citations to enforce this and the previously issued supplements to its
emergency declaration; and
WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive
Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to
respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to
reasons related to COVID-19; and
WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health
issued an Addendum to the County Safer at Home Order closing all public trails and trailheads,
as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that
sanded portion of the beach, and beach access points; and
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
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City leases and licenses during the effective period of the order, suspending rent payments for
City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses
and outdoor dining license payments for City licensees for the month of April, granting the
Director of the Department of Housing and Community Development discretion to suspend
additional rent or license payments for the month of April for City tenants and licensees whose
operations have been closed pursuant to emergency orders issued by the City, the County of Los
Angeles Department of Public Health, or the Governor of California, authorizing the City to
delay responses and productions of records in response to public record requests under specified
circumstances, and extending by one month Santa Monica Fire Department annual permits of
operation set to expire on May 1, 2020; and
WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the County Safer at Home Order clarifying that all government
employees are essential workers during the pandemic; and
WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency imposing requirements specific to construction sites and
projects to ensure their compliance with the social distancing and hygiene directives imposed by
the County Safer at Home Order; and
WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an
emergency court rule that effectively delays all evictions, other than those necessary to protect
public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to
all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or
another reason; among other things, the rule temporarily prohibits a court from issuing a
summons after a landlord files an eviction case, unless necessary to protect public health and
safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to
serve on the tenant until 90 days after the emergency passes; and
WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Revised First, Second,
Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements
thereto, and resolved that the proclamation and the aforementioned Supplements shall be
operative and in effect through April 30, 2020; and
WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency enhancing eviction protections to require
landlords to provide notice of local eviction protections to tenants, prohibiting no-fault
residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry
into a residential unit, prohibiting certain evictions of residential tenants based on the presence of
unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under
the Supplement if the landlord has already obtained compensation for the delayed rent through
governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment
Ordinance to $15,000; and
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WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency requiring workers and customers at covered businesses
(including but not limited to grocery stores, farmers markets, restaurants, hardware stores,
transportation providers, and plumbing and similar businesses) to wear face coverings; and
WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and
continued to prohibit all indoor and outdoor public and private gatherings and events; require all
businesses to cease in-person operations and remain closed to the public, unless defined as an
Essential Business by the order; require the closure of all indoor malls and shopping centers, all
swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public
beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person
operations of all non-essential businesses; and
WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Second Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and
Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be
operative and remain in effect through May 31, 2020, and that the other aforementioned
Supplements shall be operative and in effect through May 15, 2020; and
WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency tolling deadlines for reviewing and acting on planning
applications, exercising rights under planning entitlements, and expiration of building permits;
permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning
rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees
from accepting gifts of any sort to allow City first responders and disaster workers to take
advantage of City-approved public or private discount, specials, and subsidies programs; and
WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and
modifying it by limiting the commercial tenants subject to the protections of the order to exclude
multinational companies, public companies, and companies with more than 500 employees;
making clear that notice and documentation that indicates any loss of income or increase in
expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of
rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a
single communication may constitute both notice and documentation; and extending the
protection against eviction based on rent unpaid due to financial impacts related to COVID-19
from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the
Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and
5.45.030 to the extent they prohibit retail establishments from providing without charge reusable
grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of
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sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production
Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior
to March 1, 2020, but lost employment due to COVID-19 related reasons; and
WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order
that stated that COVID-19 continues to present a significant risk to the health of individuals
throughout California, but, consistent with Californians’ mitigation efforts and other factors
determined that the statewide data supported the gradual movement of the entire state form Stage
1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health
jurisdictions to implement or continue more restrictive public health measures if warranted; and
WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health
issued Addendum No. 2 to the April 10 revised County Safer at Home Order amending that
order to permit, subject to specific conditions, the reopening of certain specified types of lower-
risk retail business for sales and service transactions made via curbside pick-up or delivery only,
and the reopening of all previously closed public trails and trailheads, public and private golf
courses, and new and used auto sales dealerships and operations; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying
it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than
non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of
their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child,
marriage, family, mental health, or substance abuse counseling services; specify that, for non-
retail commercial tenants, the protection against eviction will extend only for 30 days after the
expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts
related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent
for a period of 12 months following the expiration of the Order, may not charge commercial
tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90
days following the expiration of the Order, and may not charge non-retail commercial tenants
interest on that unpaid rent during the duration of the Order; and
WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency incorporating the provisions of the Third Revised First
Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing
Production Program Guidelines to extend eligibility to individuals who were working in Santa
Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons;
incorporating the provisions of the Third Revised First Supplement that, in accordance with the
Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and
5.45.030 to the extent they prohibit retail establishments from providing without charge reusable
grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of
sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of
operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct
of certain loud construction activities, including cement cutting or grinding, sandblasting, and the
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use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public
works construction; and
WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Third and Fourth
Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency
shall be deemed to continue and exist until its termination is proclaimed by the City Council; and
resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be
operative and remain in effect through May 15, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders
and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles
County continues to present a substantial and significant risk of harm to residents’ health; but
took a limited and measured step to partially move the County into Stage 2 of its phased
approach to reopening while keeping a low incidence of person-to-person contact and ensuring
continued social distancing and adherence to other infection control procedures – accordingly,
the order continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed two categories of lower-risk businesses to reopen subject to
specified social distancing protocols, retailers not located within an indoor mall or shopping
center and manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike
paths, and piers; and authorized local public entities to temporarily close certain streets or areas
to automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its
safer at home order including requirements that all individuals engaging in outdoor activities,
except for water activities, and all individuals engaging in essential activities whenever there is
or can be contact with other who are non-household members in both public and private places,
must wear a cloth face covering; and
WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency extending the effective dates of the Fourth Revised First,
Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh,
Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and requiring all persons leaving their residences for the
limited purposes allowed by the County Safer at Home Order to strictly comply with the social
(physical) distancing requirements stated in that Order or County Department of Public Health
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guidance or protocols, including in particular the requirement that cloth face masks must be worn
whenever there is or may be contact with others who are non-household members, including
while engaging in permitted outdoor activities other than water activities; and
WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume
in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with
individuals encouraged to comply with posted signs regarding parking prohibitions for street
sweeping during the days and times indicated, but only during the first full week of each month,
which is when the street sweeping will occur; and
WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing specified Boards, Commissions, and other
appointed bodies to resume limited meetings, to be conducted remotely pending further order,
for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to
them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on
delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery
companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the
earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Safer at Home Orders
and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles
County continues to present a substantial and significant risk of harm to residents’ health; but
took a limited and measured step to partially move the County into Stage 2 of its phased
approach to reopening while keeping a low incidence of person-to-person contact and ensuring
continued social distancing and adherence to other infection control procedures – accordingly,
the order continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-person
contacts are likely to occur; continued to allow Essential Businesses to operate subject to social
distancing requirements; allowed the conditional reopening of specific retail and other Lower-
Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach
parking lots, and beach bike paths, while maintaining the closure of public piers; continued to
authorize local public entities to temporarily close certain streets or areas to automobile traffic to
allow for increased space for persons to engage in recreational activity in compliance with social
(physical) distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
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WHEREAS, on May 25, 2020, the California Department of Health, while recognizing
that COVID-19 is still present in State communities and that physical distance, wearing face
coverings in public, and washing hands frequently are more important than ever, announced the
statewide opening of in-store retail shopping, under previously issued guidance and subject to
approval by county public health departments, and issued guidelines for in-person protests and
events designed for political expression; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home Order for Control of COVID-19 that superseded all prior County
Safer at Home Orders; while recognizing that existing community transmission of COVID-19 in
the County continues to present a substantial and significant risk of harm to residents’ health, in
light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the
County with State Executive Orders and State Health Officer Orders that support phased
reopening in accordance with the California Pandemic Resilience Roadmap’s four stage
framework, while maintaining the goals of limiting close contacts with others outside of
residents’ households in both indoor and outdoor spaces and ensuring continued social distancing
and adherence to other infection control procedures – accordingly, the order continued to
prohibit indoor and outdoor public and private gatherings and events except for the limited
purposes expressly permitted by the Order; continued to require compliance with social
(physical) distancing requirements including wearing a cloth face covering whenever there is or
can be contact with others who are non-household members in both public and private spaces;
continued to require the closure of higher-risk businesses, recreational sites, commercial
properties, and activities, where more frequent and prolonged person-to-person contacts are
likely to occur; continued to allow Essential Businesses to operate subject to social distancing
requirements; allowed the conditional reopening of four categories of Lower-Risk businesses –
lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept
under 50%, manufacturing and logistics sector businesses that supply lower-risk retail
businesses, non-essential office-based businesses (while continuing to strongly encourage
telework), and indoor malls and shopping centers; continued to permit the reopening of beaches,
beach parking lots, and beach bike paths, while maintaining the closure of public piers;
continued to authorize local public entities to temporarily close certain streets or areas to
automobile traffic to allow for increased space for persons to engage in recreational activity in
compliance with social (physical) distancing requirements; continued to authorize participation
in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-
person attendance at faith-based services, provided that the gathering of congregants is limited to
the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted
participating in in-person protests subject to the same attendance limits and maintenance of
physical distancing; and
WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of
Los Angeles County to reopen restaurants for sit-down, dine-in meals; and
WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health
issued a revised Safer at Home order that superseded all prior County Safer at Home Orders and
was essentially equivalent to the May 26 Safer at Home Order with the exceptions that it: added
hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen
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subject to specified conditions; and permitted restaurants and other food facilities that provide
sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60%
occupancy; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency superseding and replacing the Third Supplement to specify that
closures and re-openings of businesses within Santa Monica shall be in accordance with State
and County orders, with those imposing stricter regulations controlling in the event of conflict,
and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores
from limitations on delivery hours; and
WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent
sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant,
for restaurants that open for in-house dining pursuant to the safety protocols required by the
County Safer at Home Order; superseding and replacing Section 5 of the Revised Fourth
Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the
deadlines for planning, review, and permit-related actions; and superseding and replacing
Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent
payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the
months of April, May, and June 2020, and authorize the implementation of a rent deferment
program for City commercial tenants whose operations have been closed or significantly
restricted by COVID-19 emergency orders; and
WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor
dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the
consent of the owner and to sidewalks in front of adjacent buildings with the consent of the
owner and authorizing the Finance Director to extend the delinquency date for business license
renewal fees by two months (from September 1 to November 1) for businesses whose ability to
pay has been affected by economic impacts related to COVID-19 or the civil unrest; and
WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto;
resolved that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised
Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30,
2020, or any later date expressly stated within the text of an individual supplement; and
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WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community For Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially
equivalent to the May 29 Safer at Home Order with the exception that it permitted outdoor
activity to resume at piers and the following business and activities to reopen no earlier than June
12, 2020 subject to conditions and protocols as stated in the Safer at Home Order: music film
and television production; day camps; fitness facilities; museums; professional sports without
audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and
splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared
rental units and similar facilities for tourism travel; and
WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth
Revised First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing
temporary eviction moratorium and extended the period for which unpaid rent will be subject to
that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified
the temporary eviction moratorium, defining three different categories of commercial tenants,
each of which receives varying protections, and encouraging landlords and commercial tenants
to negotiate modifications to rental agreements and payment plans to accommodate changed
economic circumstances of commercial landlords and tenants arising from the financial
impacts of COVID-19; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general
public under specified circumstances when outside the home including when inside of, or in line
to enter, any indoor space and while outdoors in public spaces when maintaining a physical
distance of 6 feet from persons who are not members of the same household or residence is not
feasible; and
WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community for Control of COVID-
19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic
Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially
equivalent to the June 11 Safer at Home Order with the exception that it clarified the
requirements that individuals leaving their residences must wear face coverings when they are or
can be in contact with or walking past others outside of their household and permitted the
reopening of the following business and activities no earlier than June 19, 2020 subject to
conditions and protocols as stated in the Safer at Home Order: cardrooms, satellite wagering
facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries
and tasting rooms; and
WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive
Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of
Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in-
store redemption of beverage containers and temporarily suspending the requirement for
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recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth
paragraph of Executive Order N-54-20, which had suspended Public Resources Code section
42283’s prohibitions relating to retail establishments providing bags to customers at point of
sale; and
WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth,
Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be
operative and remain in effect through June 30, 2020, or any later date expressly stated within
the text of an individual supplement; and
WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and
Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles
County Eviction Moratorium During the COVID-19 Pandemic that, in accordance with orders
issued by the Los Angeles County Board of Supervisors, recognized the extension of the
County’s eviction moratorium through July 31, 2020, but, effective June 1, 2020, excluded from
application of the moratorium commercial tenancies where the tenant has more than 100
employees and commercial tenancies where the tenant is a multinational company or a publicly
traded company; and
WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth
Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the
Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24,
2020; extend the suspension of outdoor dining license payments for City licensees through
August 2020; extend the deadline for applications for extensions of the delinquency date for
business license renewals to August 31, 2020; extend the authorization for temporary dining to
adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent
buildings with the consent of either the owner or tenant; extend the authorization for temporary
dining to areas of the Pier to be specified by the Director of the Community Development
Department subject to specified conditions and any additional regulations; extend the
authorization for temporary dining to portions of the sidewalk or roadway in the Third Street
Promenade to be specified by the Director of the Community Development Department subject
to specified conditions and any additional regulations; authorize the temporary use by businesses
of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the
Director of the Community Development Department for business activities other than
temporary dining, subject to specified conditions and any additional regulations; authorize
restaurants and other businesses to establish temporary Main Street satellite spaces for business
activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or
business, subject to specified conditions, specified design and safety specifications, and any
additional regulations; and specify that for compliance with certain specified mandatory seismic
retrofitting requirements, the two-year extension for planning, review, and permit-related actions
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applies only if an application was pending as of March 13, 2020 or submitted between March 13,
2020 and the expiration of the Order; and
WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some
counties and the need to reduce non-essential gatherings where mixing and disease spread occur,
the California Department of Public Health ordered the closure in certain counties, including Los
Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that
had reopened after June 12 in accordance with prior state and local guidance and reemphasized
that alcohol can only be sold in such establishments in the same transaction as a meal; and
WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued
a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving
the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that
superseded all prior Safer at Home Orders and was essentially equivalent to the June 18 Safer at
Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms,
craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and
required restaurants with a moderate risk or high risk permit issued by the County Department of
Public Health and other food facilities that provide in-person dining to follow a revised protocol
for on-site dining; and
WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health
issued a Reopening Safer at Work and in the Community for Control of COVID-19 order
requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access
points between July 3 and July 6; prohibiting all firework shows and events until further notice;
noting that the County has recently observed a sharp increase in new COVID-19 cases and
hospitalizations demonstrating the reality of increased community transmission of COVID-19;
and reemphasizing that State public health directives and the current County Health Officer
Order prohibit professional, social, and community mass gatherings, with gatherings defined as
meetings or other events that bring together persons from multiple households at the same time
for a shared or group experience in a single room, space, or place; and
WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that, with certain specified exceptions, extended the effective
dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second
Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the
text of an individual supplement; specified exceptions permitted impositions of late payment
penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking
Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code
relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of
Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to
customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire
Department annual permits of operation to expire as of July 1, 2020; and issuance of parking
citations associated with street sweeping to resume as of July 1, 2020; and
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WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71-
20, which, among other things, found that minimizing evictions during this period is critical to
reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable
to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the
transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28-
20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a
local government’s exercise of its police powers to impose substantive limitations on residential
and commercial evictions with respect to COVID19-related rent payment issues; and
WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of
the State of California noted the recent increase in COVID-19 cases, including a concerning
increase in hospitalizations; reminded Cities and Counties of their power, conferred by the
California Constitution, to take action to protect their residents; called on elected officials to
remain vigilant in efforts to protect the health and safety of their communities; and emphasized
the dire consequences of failing to ensure compliance with public health orders, including a
surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that
may divert resources from other health needs, further delaying reopening efforts; and
WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the June
28 Safer at Home Order with the exceptions that it noted the serious recent regression of
COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial
increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate;
returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities,
racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and
aquariums to the list of high-risk businesses required to close for at least 21 days and until
further notice; and ordered the closure of indoor mall or shopping center food court dining and
seating areas for at least 21 days and until further notice; and
WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth
Supplements to, in accordance with the County Safer at Home Orders and the California
Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics
regarding the requirement that all individuals wear face coverings whenever they leave their
place of residence and are or may be in in contact with non-household members in both public
and private spaces; set out exemptions from the face covering requirement; specify that business
operators may refuse admission or service to any person who fails to wear a face covering as
required or to comply with social distancing requirements imposed by the County Safer at Home
Orders; and authorizes administrative citations with specified administrative fines for both
individuals and businesses failing to comply with the face covering requirements; and
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WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second
Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First
Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020,
to, with respect to the November 3, 2020 general municipal election, reduce the number of
nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010
would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination
papers after the first two sets; and
WHEREAS, on July 13, 2020, in light of current data reflecting that community spread
of COVID-19 infection is of increasing concern across the state, the California Department of
Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs,
brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified
exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting
rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums,
and cardrooms; and the closure in certain counties that currently appear on the Department’s
County Monitoring List and have been on the list for three consecutive days, which included Los
Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests,
offices for non-critical infrastructure sectors, personal care services (including nail salons,
massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and
WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 1
Safer at Home Order with the exceptions that it ordered the closure of indoor operations of hair
salons and barbershops, fitness facilities, and personal care establishments; permitted in-person
faith-based services and protests so long as they are held outdoors; ordered the closure of indoor
portions and operations of indoor malls and shopping centers; required that all indoor portions
and operations of any non-essential office-based business cease, subject to the exception for
minimum basic operations; and required that essential businesses, healthcare operations, or
essential infrastructure whose operations require employees to operate from an office worksite
require employees to telework to the extent feasible; and
WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and
Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to
continue and exist until its termination is proclaimed by the City Council; and resolved that the
supplements being ratified above shall be operative and remain in effect through July 31, 2020,
or any later date expressly stated within the text of an individual supplement; and
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WHEREAS, on July 15, 2020, the Director of Emergency Services issued the First
Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced the Twentieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency to further clarify the requirement that all persons must wear
face coverings whenever they leave their place of residence and are or can be in contact with or
walking near or past others who are non-household members in both public and private spaces,
including, but not limited to, walking through common areas such as hallways, stairways,
elevators, and parking facilities; clarify that having a face covering visible and immediately
ready to put on whenever within 30 feet of another non-household member is intended to satisfy
the face covering requirement when walking, running, biking, or otherwise exercising or moving
in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited
inquiries to those asserting exemptions from the face covering because of medical condition,
mental health condition, or disability to prevent fraudulent assertions of such exemptions; and
WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty-
Second Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the eviction moratorium for residential tenants
implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the
eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement
to August 31, 2020; and
WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July
14 Safer at Home Order with the exceptions that it stated its intent to continue to ensure that
County residents remain in their residences as much as practicable to limit close contact with
others outside their household in both indoor and outdoor spaces; reemphasized that all persons
who can telework or work from home should continue to do so as much as possible; restated that
all gatherings of people who are not part of a single household or living unit are prohibited
except for the limited purposes expressly permitted by the order; recognized that the State Public
Health Officer requires all public and private schools within the County of Los Angeles to
remain closed to in-person learning until certain criteria are satisfied and issued reopening
protocols for schools permitted to reopen to in-person learning; directed that individuals
instructed by their medical provider not to wear a face covering should wear a face shield with a
drape on the bottom edge as long as their condition permits it; and included revised reopening
protocols for various types of businesses; and
WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty-
Third Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the
Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth,
Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth,
Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised
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Twenty-First, and Twenty-Second Supplements to August 31, 2020, or any later date expressly
stated within the text of an individual supplement; and,
WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements thereto; resolved
that the local emergency shall be deemed to continue and exist until its termination is proclaimed
by the City Council; and resolved that the supplements being ratified above shall be operative
and remain in effect through August 31, 2020, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap
order that superseded all prior Safer at Home Orders and was essentially equivalent to the July
18 Safer at Home Order with the exception that it provided clarification regarding when
elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated
requirements for childcare facilities to specify childcare must be carried out in stable groups of
12 or fewer children in the same group each day, instead of 10; and aligned with new guidance
for institutes of higher education; and
WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third
Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced the prior versions
of the Eighteenth Supplement to authorize the specified uses of public and private outdoor spaces
through the duration of the County Safer at Home Order, plus an additional 30 days, so long as
businesses either enter into an encroachment agreement with or obtain a permit from the City;
allow the City to assess a monthly fee for the use of space in the public right-of-way after
November 1, 2020, with 30 days’ notice provided to businesses; authorize the use of canopies
and propane heaters in private and public outdoor spaces in compliance with specified
guidelines; permit tables and chairs to be left secured outside the business overnight and so long
as there is at least five (5) feet of unobstructed access on the sidewalk; set standards for decks in
both Main Street satellite spaces and private property used for outdoor business; require that any
structures put in place in any Main Street satellite space be brought into compliance with the
deck standards in the Third Revised Eighteenth Supplement and that any structures for outdoor
business activity on private property be brought into compliance with the deck standards or other
applicable building standards; set fines for violations of conditions for operating in the public
right-of-way and in private outdoor spaces through administrative citations to be issued by Code
Enforcement; and authorize the Director of the Community Development Department to enter
into temporary license agreements to permit the temporary use of portions of certain public
parking facilities or the Santa Monica Pier, as designated by the Director, for temporary use by
gyms and fitness establishments; and
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WHEREAS, on August 24, 2020, the Director of Emergency Services issued a Twenty-
Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which made it a strict liability offense punishable as a
misdemeanor or by administrative citation for any responsible person to conduct a gathering of
20 or more natural persons who are not part of a single household or living unit at a residence or
other private property; extended the eviction moratorium for commercial tenant 1s, as defined in
the Fifth Revised First Supplement, through September 30, 2020; subject to the exceptions
specified in the Nineteenth and Twenty-Third Supplements, extended the effective dates of the
Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth,
Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth,
First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third
Supplements to September 30, 2020, or any later date expressly stated within the text of an
individual supplement; and extended the suspensions of the discontinuation or shut off of water
service for non-payment of water or sewer bills and of late payment penalties for unpaid or
delinquent water and/or sewer bills and refuse and recycling collections bills, as originally
implemented by Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December
31, 2020; and
WHEREAS, on August 28, 2020, the California Department of Public Health issued a
statewide order that, recognizing that community spread of infection remains a significant
concern across the state, and based on the current state of the pandemic in California and current
scientific understanding of transmission, further refined the State’s approach to gradually reopen
businesses and activities while reducing the risk of increased community spread by adopting a
targeted system for sector reopenings that relies on a set of tiers corresponding to specific
epidemiological profiles based on indicators of disease burden including case rates per capita and
percent of positive COVID-19 tests and proportion of testing and other COVID-19 response
efforts addressing the most impacted populations within a county; under this revised framework,
local health jurisdictions may reopen, or must close, specified sectors according to their county’s
tier; and
WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill 3088,
under which, among other things, no tenant can be evicted before February 1, 2021 as a result of
rent owed due to a COVID-19 related hardship accrued between March 4 and August 31, 2020,
if the tenant provides a declaration of COVID-19-related financial distress according to specified
timelines; no tenant can be evicted for rent that accrues but is unpaid due to a COVID-19
hardship between September 1, 2020 and January 31, 2021 if the tenant submits declarations of
COVID-19-related financial distress according to specified timelines and pays 25% of the unpaid
rent due by January 31, 2020; and landlords are required to provide tenants a notice detailing
their rights under the legislation; and
WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the Los
Angeles County Department of Public Health issued a revised Reopening Safer at Work and in
the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of
California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders
and was essentially equivalent to the August 12 Safer at Home Order with the exception that it
recognized that the daily number of new cases is still high, and COVID-19 remains widespread
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in Los Angeles County; cited the State’s August 28, 2020 issuance of its Blue Print for a Safer
Economy, which describes the tiered approach to relaxing and tightening restrictions on
activities based on specified criteria; allowed barbershops and hair salons to reopen indoor
operations at 25% of maximum occupancy and with required modifications, while encouraging
operators to provide as many services as possible outside; and, beginning September 14, 2020,
allowed K-12 schools to offer in-school services for a small, stable cohort of students with
Individualized Education Programs or English Learners needing assessments and/or specialized
in-school services, with priority given to students with disabilities; and
WHEREAS, on September 4, 2020, the United States Center for Disease Control and
Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like quarantine,
isolation, and social distancing – can be an effective public health measure utilized to prevent the
spread of communicable disease,” that eviction moratoria “facilitate self-isolation by people who
become ill or who are at risk for severe illness from COVID-19 due to an underlying medical
condition” and “allow State and local authorities to more easily implement stay-at-home and
social distancing directives to mitigate the community spread of COVID-19,” and that “housing
stability helps protect public health because homelessness increases the likelihood of individuals
moving into congregate settings, such as homeless shelters, which then puts individuals at higher
risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order,
applicable in any State or local area without a moratorium on residential evictions that provides
the same or greater level of public-health protections as the requirements in the order, requiring
that, through December 31, 2020, subject to further extension, modification, or rescission, a
landlord, owner of a residential property, or other person with a legal right to pursue eviction or
possessory action shall not evict any covered person (as defined in the order) from any
residential property in any State in which there are documented cases of COVID-19; and
WHEREAS, on September 8, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, and Twenty-Fourth
Supplements thereto; resolved that the local emergency shall be deemed to continue and exist
until its termination is proclaimed by the City Council; and resolved that the supplements being
ratified above shall, except for those portions of earlier supplements that were not extended by
the Nineteenth Supplement, be operative and remain in effect through September 30, 2020, or
any later date expressly stated within the text of an individual supplement; and
WHEREAS, on September 10, 2020, the Director of Emergency Services issued a
Twenty-Fifth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which permitted the Housing Commission and
Architectural Review Board to conduct certain meetings for identified purposes;
WHEREAS, on September 18, 2020, the Director of Emergency Services issued a
Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced Section 1 of the
Ninth Supplement to permit some events, activities, programs, and gatherings scheduled in City
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facilities by permit or license if they are permitted by and will be conducted in accordance with
all requirements of the County Safer at Home Order; authorized the Director of the Community
Services Director to implement guidelines and regulations to permit the use of City sites for
drive-in movie theaters, vehicle-based parades, concerts, and other events to the extent permitted
by and conducted in accordance with all requirements of the County Safer at Home Order;
extended the City’s moratorium on evictions of residential tenants for reasons other than
nonpayment of rent through December 31, 2020; extended the eviction moratorium for
nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised First Supplement)
through December 31, 2020, subject to the requirement that for rent due after September 30,
2020, except for rent due for periods in which the commercial tenant 1’s business remains closed
because the County Safer at Home Order requires it to remain closed, the commercial tenant 1
must pay at least 50% of the rent due in accordance with the terms for payment set out in the
tenant’s lease; authorized the Director of the Community Services Department to promulgate
regulations and issue permits for gym and fitness establishments to engage in commercial fitness
activities at City parks, City park parking lots, and City beaches; superseded and replaced
Section 5 of the Revised Fifth Supplement so that penalties related to business licenses for fiscal
year 2020-2021 will begin to accrue as of September 1, 2020 unless an extension application was
timely filed pursuant to the Third Revised Eighteenth Supplement and penalties related to
business improvement district assessments for fiscal year 2020-2021 are not suspended and will
begin to accrue if the assessments are not timely paid; with the same exceptions specified in the
Nineteenth, Twenty-Third, and Twenty-Fourth Supplements (the latter of which extended the
expiration of the supplements to September 30, 2020), extends the expiration of prior
supplements that remain in place to December 31, 2020 unless a later expiration date is provided
in an individual supplement; and
WHEREAS, on September 23, 2020, the Governor of California issued Executive Order
N-80-20, which, among other things, noted that numerous local jurisdictions have determined
that promoting stability among commercial tenancies is necessary to mitigate the economic
impacts of COVID-19 and conducive to public health, such as by allowing commercial
establishments to decide whether and how to remain open based on public health concerns rather
than economic pressures, and extended through March 31, 2021, with respect to commercial
evictions only, Executive Order N-28-20’s suspension of any and all provisions of state law that
would preempt or otherwise restrict a local government’s exercise of its police powers to impose
substantive limitations on commercial evictions with respect to COVID19-related rent payment
issues; and
WHEREAS, on October 2, 2020, as revised October 6, 2020, the Los Angeles County
Department of Public Health issued a revised Reopening Safer at Work and in the Community
For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s
Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders, recognized
that existing community transmission of COVID-19 in Los Angeles County remains widespread,
noted that there remains a strong likelihood that increased interactions among members of the
public will result in a significant and increasing number of cases of community transmission,
noted that the daily number of new cases while not currently substantially increasing is still high,
and was essentially equivalent to the September 4 Safer at Home Order with the exception that it
added nail salons to the list of Lower-Risk Businesses allowed to reopen for indoor operations at
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25% of maximum occupancy and with required modifications, permitted outdoor dining at non-
restaurant breweries and wineries in compliance with specified conditions, and permitted
children’s playgrounds to open subject to access or use restrictions imposed by the Health
Officer and local government entities to reduce crowding and the risk of COVID-19; and
WHEREAS, on October 7, 2020, the Director of Emergency Services issued a Twenty-
Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, to ensure compliance with County social distancing
requirements and the County’s prohibition on live audiences for street performers, suspended the
issuance of permits for street performers at the Pier, Third Street Promenade, and Transit Mall,
with the result that street performers will not be allowed in those spaces during their most
crowded times, after noon Monday through Friday and on weekends and holidays; prohibited
street performers in those spaces at all other times from encouraging any person from gathering
to observe the performance while requiring performers to comply with all County social
distancing requirements, including the wearing of face coverings; authorized the Director of the
Community Development Department to issue regulations authorizing businesses to post
curbside pickup signs on parking meters adjacent to or near the business and designating spaces
in public parking lots where the City may post curbside pickup signs; temporarily suspended
certain Municipal Code requirements regarding procedures relating to HUD Community
Development Block Grants that are inconsistent with HUD procedures adopted in light of the
COVID-19 pandemic; and authorized the Director of the Community Development Department
to issue regulations regarding and issue temporary use permits for certain uses allowed by the
County Safer at Home Order, including temporary outdoor sales and special events, for a period
longer than 45 days but less than 180 days; and
WHEREAS, on October 9, 2020, the California Department of Public Health, noting that
COVID-19 continues to pose a severe risk to communities and requires all people in California
to follow necessary precautions and to adapt the way they live and function in light of this
ongoing risk, noting that the safest way to gather is to spend time with people in the same
household or to gather virtually, and noting that limiting attendance at gatherings is a way to
reduce the risk of spread and increase the effectiveness of contact tracing if a positive case is
discovered, issued mandatory guidance for private gatherings that, among other things, limited
them to no more than 3 households, required them to occur in space sufficient for everyone to
maintain at least 6 feet of physical distance from any others not in their own household, and
required the wearing of face coverings; and
WHEREAS, on October 14, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders,
recognized that existing community transmission of COVID-19 in Los Angeles County remains
widespread and continues to present a substantial and significant risk of harm to residents’
health, noted that there remains a strong likelihood that increased interactions among members of
the public will result in a significant and increasing number of cases of community transmission,
noted that the daily number of new cases while not currently substantially increasing is still high,
and was essentially equivalent to the October 6 Safer at Home Order with the exception that, to
align with the California Department of Public Health October 9, 2020 guidance on private
gatherings, it defined the term “household” to exclude institutional and commercial group living
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situations and authorized certain private gatherings of persons from no more than three
households, but only in compliance with strict requirements including that they must occur
outdoors in a space large enough for everyone to maintain at least 6 feet of physical distance
from any others not in their own household, be limited to two hours or less, and be conducted in
accordance with social distancing requirements including the wearing of face coverings; and
WHEREAS, on October 23, 2020, the Los Angeles County Department of Public Health
issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 –
Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders and
was essentially equivalent to the October 14 Safer at Home Order with the exception that it
permitted personal care establishments to offer services indoors with modifications; permitted
batting cages, miniature golf, and go cart racing to operate outdoors; clarified that food court
dining rooms in an indoor mall or shopping center must remain closed; increased the percentage
of students with individual education programs and English learners and other high-need
students to return to a K-12 campus; and permitted schools to reopen from TK to second grade
for class instruction with a waiver application approved by the Los Angeles County Department
of Public Health; and
WHEREAS, on October 27, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, and Twenty-Seventh Supplements thereto; resolved that the local
emergency shall be deemed to continue and exist until its termination is proclaimed by the City
Council; and resolved that the supplements being ratified above shall, except for those portions
of earlier supplements that were not extended by the Nineteenth Supplement, be operative and
remain in effect through December 31, 2020, or any later date expressly stated within the text of
an individual supplement; and
WHEREAS, on November 13, 2020, noting that the incidence of COVID-19 is
increasing in many states and countries and that travel itself can be a risk for exposure to
COVID-19, the California Department of Health issued a travel advisory, encouraging
Californians to stay home or in their region and avoid non-essential travel to other states or
countries; and WHEREAS, on November 16, 2020, the California Department of Public Health
issued Guidance for the Use of Face Coverings, superseding the face covering guidance it issued
on June 18, 2020, that requires persons to wear face coverings when they are outside of their
home, unless an enumerated exemption applies;
WHEREAS, on November 19, 2020, the California Department of Public Health, citing
the recent, unprecedented rate of rise in increase in COVID-19 cases across California, issued a
Limited Stay at Home Order effective from November 21, 2020 at 10 pm PST to 5 am PST on
December 21, 2020 in counties under Tier One (Purpose) of California’s Blueprint for a Safer
Economy requiring that all gatherings with members of other households and all activities
conducted outside the residence, lodging, or temporary accommodation with members of other
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households cease between 10:00 pm PST and 5:00 am PST, except for those activities associated
with the operation, maintenance, or usage of critical infrastructure or required by law;
WHEREAS, on November 19, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior
Safer at Home Orders and became effective on November 20, 2020 and was essentially
equivalent to the October 23 Safer at Home Order with the exception that it limited the number
of persons at private outdoor gatherings to 15 persons and made other clarifications on
permissible private outdoor gatherings; limited the number of customers at outdoor restaurants,
breweries, and wineries to 50% of the establishment’s outdoor capacity and prohibited in-person
outdoor dining between the hours of 10:00 pm and 6:00 am; limited the number of customers at
outdoor cardrooms, miniature golf, batting cages, and go cart racing to 50% of the
establishment’s outdoor capacity; limited the number of persons at indoor operations for retail,
office, and personal care to 25% capacity; clarified that an essential business must comply with
the social (physical) distancing protocol and all other applicable protocols; and specified the type
of retail food market that must comply with the new protocol for grocery stores and retail food
markets; and
WHEREAS, on November 23, 2020, he Director of Emergency Services issued a
Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which authorized, and provided rules and
authorized the Director of the Community Development Department to issue regulations
regarding, the temporary extension by certain eligible businesses of their operations into unused
portions of the parking lane on Main Street where the City has placed K-rails; waived the permit
fee for tents larger than 400 square feet for any special event permit filed with the Santa Monica
Fire Department in connection with a temporary use authorized by Sections 1 to 10 of the
Twenty-Eighth Supplement or Sections 19 to 78 of the Third Revised Eighteenth Supplement;
expanded temporary curbside pickup zones by allowing the designation and use of on-street
parking spaces where no metered spaces are adjacent to the business; clarified that the two-year
extension of deadlines for planning, review, and permit actions implemented by the Third
Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles
VIII and IX of the Santa Monica Municipal Code; authorized voluntary temporary disconnection
of City water service for commercial property accounts, excluding fire service accounts, upon
payment of a temporary disconnection fee of $208.00; clarified that landlords’ service of
required Notices of Terminations of Tenancy in accordance with instructions from the Rent
Control Board upon its acceptance of a notice of intent to Ellis a building will not violate the
eviction moratorium, while specifying that no unlawful detainer action based on removal of a
unit from the rental market pursuant to the Ellis Act may be filed until sixty days after the
expiration of the Twenty-Eighth Supplement; and extended the suspensions of water service shut
off and imposition of late payment penalties for unpaid or delinquent water, sewer, and/or refuse
and recycling collection bills through March 31, 2021; and
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WHEREAS, on November 25, 2020, the Los Angeles County Department of Public
Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-
19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior
Safer at Home Orders; recognized the recent steep surge of COVID-19 cases and large increases
in hospitalizations and testing positivity rates in the County; noted that existing community
transmission of COVID-19 in Los Angeles County remains widespread and continues to present
a substantial and significant risk of harm to residents’ health; noted that there remains a strong
likelihood that increased interactions among members of the public will result in a significant
and increasing number of cases of community transmission; noted that because even people
without symptoms can transmit the virus and because evidence shows the infection is easily
spread, preventing, limiting, and placing conditions on various types of gatherings and other
direct and indirect interpersonal interactions have been proven to reduces the risk of transmitting
the virus; and was essentially equivalent to the November 19 Safer at Home Order with the
exceptions that it: aligned the County Safer at Home Order with California’s November 19, 2020
Limited Stay at Home Order (effective November 21 at 10:00 pm PST) by requiring that all
gatherings with members of other households and all activities conducted outside the residence,
lodging, or temporary accommodation with members of other households cease between 10:00
pm PST and 5:00 am PST, except for those activities permitted by the Safer at Home Order or
required by law; required restaurants, breweries, and wineries to only offer food and beverage
via take-out, prohibiting both indoor and outdoor on-site food and beverage service, for the
period November 25 through at least December 17, 2020; and
WHEREAS, on November 28, 2020, the Los Angeles County Department of Public
Health issued a Temporary Targeted Safer at Home Health Officer Order for Control of COVID-
19: Tier 1 Substantial Surge Response, effective from 12:01 am PST on November 30, 2020 to
11:59 pm PST on December 20, 2020, that, for this time period, temporarily replaces the
November 25, 2020 Safer at Home Order; recognized the recent substantial rise in COVID-19
cases, hospitalizations, and deaths in Los Angeles County; stated the Health Officer’s
expectation that both the number of new cases and hospitalizations will continue to rapidly
increase over the next 21 days; and, among other things: directs all persons to stay home, except
to travel to and from Essential Businesses, to work at or provide service to a Healthcare
Operation or Essential Infrastructure, to work at, perform or obtain services from an Essential
Governmental Function, or to participate in permitted individual or household activities while
practicing social distancing; prohibits all public and private gatherings and events with people
from more than one household except for outdoor faith-based services and outdoor protests, and
as permitted in paragraph 9 of the order; requires all persons leaving their residences to strictly
comply with Social (Physical) distancing requirements, including wearing a face covering or
mask over both the nose and mouth whenever they are or can be in contact with or waking near
or past others who are non-household members in both public and private places, whether
indoors or outdoors; maintains the requirement that all permitted activities with individuals of
other households and all activities conducted outside the residence, lodging, or temporary
accommodation with members of other households must cease between 10:00 pm and 5:00 am
(PST) except for those activities associated with the operation, maintenance, or usage of an
Essential Business, Healthcare Operation, Essential Infrastructure, Essential Government
Function, or required by law; maintains the closure of onsite indoor and outdoor dining at all
restaurants, allowing them to open only for takeout and delivery; requires the closure of
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playgrounds, except for playgrounds located within childcare centers or schools; and imposes
stricter capacity and other limitations on many Lower-Risk Businesses and permitted activities;
and
WHEREAS, on November 30, 2020, the Director of Emergency Services issued a
Twenty-Ninth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which extended to January 31, 2021, the
moratorium on evictions of residential tenants for reasons other than nonpayment of rent;
extended to January 31, 2021, the moratorium on evictions of commercial tenant 1s (as defined
in the Fifth Revised First Supplement) for nonpayment of rent, subject to the limitation the
moratorium would apply to certain commercial tenant 1s only if they paid 50% of rent due for
certain periods after September 30, 2020; extended to January 31, 2021, the authorization for
expanded temporary curbside pickup zones; authorized the Housing Commission to meet to
review and make recommendations regarding the update to the City’s Housing Element; and
suspended through March 31, 2021 late payment penalties for unpaid or delinquent Transient
Occupancy Taxes collected by hotels for periods beginning on or after November 1, 2020 (an
earlier suspension of such penalties expired as of June 30, 2020); and
WHEREAS, on December 3, 2020, as subsequently modified by a Supplement issued
December 6, 2020, the California Department of Health, citing the unprecedented surge in the
level of community spread of COVID-19, noting current projections showing that without
additional intervention to slow the spread of COVID-19 the number of available adult Intensive
Care Unit (“ICU”) beds in California will be at capacity in mid-December, and finding that
because the rate of increases in new cases continues to escalate and threatens to overwhelm the
state’s hospital system further aggressive action is necessary, imposed, effective December 5,
2020 at 12:59 pm PST, a regional stay at home order that, when adult ICU bed capacity for any
region is less than 15% (a threshold currently reached by the Southern California region that
includes Los Angeles County), among other things: prohibits all gatherings with members of
other household except as expressly permitted by the order; requires all individuals to stay home
or at their place of residence except as necessary to conduct activities associated with the
operation, maintenance, or usage of critical infrastructure, as required by law, or as specifically
permitted by the order; permits worship and political expression outdoors, consistent with
existing guidance for those activities; and requires all retailers allowed to operate indoors to do
so at no more than 20% capacity in accordance with guidance for retailers; and
WHEREAS, on December 6, 2020, the Los Angeles County Department of Public Health
issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 12:01 am PST on
December 6, 2020 until at least 11:59 pm PST on December 27, 2020, that, for this time period,
temporarily replaces the November 25, 2020 Safer at Home Order and supersedes the November
30, 2020 Safer at Home Order and, among other things: requires lower-risk retail businesses to
conduct entrance metering of customers and prohibit eating or drinking inside such businesses;
requires indoor and outdoor malls and shopping centers to conduct entrance metering of
customers and encourages special hours to be instituted for seniors and those with chronic
conditions or compromised immune systems; prohibits recreational overnight stays at
campgrounds; prohibits hotels, motels, and shared rental units from accepting or honoring out-
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of-state reservations for non-essential travel that are for a period of less than 14 days; and
modifies the maximum indoor capacity for essential retail businesses to 20%; and
WHEREAS, on December 8, 2020, the Director of Emergency Services issued a Thirtieth
Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, to assist with the City’s Buy Local initiative that
encourages shopping at local businesses, authorized suspension of hourly parking fees for daily
short-term visitors in City parking structures 1 through 6 for the period from December 11
through 26, 2020; and superseded and replaced Sections 1 through 3 of the Seventh Supplement
with amended rules regarding off-site and retail alcohol sales that, in particular, add the
requirement that authorized sales of to-go alcoholic beverages may be delivered to customers
only at the same time as the required accompanying meals; and
WHEREAS, on December 15, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, and Twenty-Ninth Supplements
thereto; resolved that the local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council; and resolved that the supplements being ratified
above shall, except for those portions of earlier supplements that were not extended by the
Nineteenth Supplement, be operative and remain in effect through December 31, 2020, or any
later date expressly stated within the text of an individual supplement; and
WHEREAS, on December 19, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 12:01 am PST on
December 19, 2020 until at least 11:59 pm PST on December 27, 2020, that, for this time period,
temporarily replaces and supersedes the earlier Safer at Home and Temporary Targeted Safer at
Home Orders and is substantially equivalent to the December 6, 2020 Temporary Targeted Safer
at Home Order with the exceptions, among others, that it specifies that the required closure of
personal care establishments does not extend to medical massage that is done based on a referral
by a physician or chiropractor; specifies that all employees of any non-retail Lower-Risk
Business that is a manufacturing and logistics sector business that supplies Lower-Risk Retail
Businesses must wear a face covering over the nose and mouth at all times while present at
work; specifies that outdoor seating at indoor and outdoor malls, shopping centers, swap meets,
and restaurants is closed to the public; specifies that overnight stays at campgrounds are
permissible if used for COVID-19 mitigation and containment measures, providing
accommodation for essential workers or those displaced as a result of fire or other emergency, or
providing housing solutions to protect homeless populations; and, to align with recent Supreme
Court rulings for places of worship, permits attendance at in-person faith-based services or
practices, both indoors and outdoors, subject to compliance with physical distancing and
infection control requirements; and
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WHEREAS, on December 22, 2020, the California Department of Public Health issued a
Supplement to its November 19, 2020 Limited Stay at Home Order, extending that order such
that it will remain in place until and expire only after the December 3, 2020 Regional Stay at
Home Order has terminated in all regions in the State of California; and
WHEREAS, on December 22, 2020, the Director of Emergency Services issued a Thirty-
First Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the moratorium on evictions of residential
tenants for reasons other than non-payment of rent through March 31, 2021; required landlords
to report efforts to evict residential tenants by emailing the City Attorney’s Office at
EMReports@smgov.net unredacted copies of any notices provided in an effort to evict, including
any termination notice (for example, the 15-day notice required by the COVID-19 Tenant Relief
Act of 2020) or a Summons and Complaint for Unlawful Detainer, within two days of serving
any such notice on a tenant; provided that the Annual Taxicab Vehicle Permit Fee for the period
beginning February 1, 2020, and ending January 31, 2021, will be based on the actual number of
taxicab vehicles in operation rather than the number of taxicab vehicles permitted to operate;
with prior specified exceptions, extended the expiration of prior supplements that remained in
place to January 31, 2021 -- two new exceptions to the extension were: (a) the suspension of
preferential parking enforcement in all zones other than zone 3 was extended only through
January 3, 2021, with the result that enforcement of preferential parking would resume in all
blocks in all zones in the City as of 12:01 am January 4, 2021; and (b) the limitations on and
suspensions of conducting meetings of City Boards, Commissions, and other appointed bodies
were lifted as of December 31, 2020, with the result that beginning January 1, 2021, meetings
could be conducted in accordance with the direction provided by the City Council at its
December 15, 2020 meeting; and
WHEREAS, on December 27, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, extended its December 19, 2020 Revised Temporary Targeted Safer at Home Health
Officer Order for Control of COVID-19: Tier 1 Substantial Surge Updated Response, effective
from 11:59 pm PST on December 27, 2020 to remain in effect for as long as the State Public
Health Officer’s Regional Stay at Home Order remains in effect in the Southern California
Region; and
WHEREAS, on December 29, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 11:59 pm PST on
December 29, 2020, to remain in effect for as long as the State Public Health Officer’s Regional
Stay at Home Order remains in effect in the Southern California Region, that was substantially
equivalent to the December 19, 2020 Temporary Targeted Safer at Home Order, as extended
December 27, 2020, with the exception that it added a requirement that persons arriving int he
County of Los Angeles from other states or countries on non-essential travel, including returning
Count of Los Angeles or California residents, must practice self-quarantine for 10 days after
arrival, limiting their interactions to those within their immediate household; and
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WHEREAS, on December 30, 2020, the Los Angeles County Department of Public
Health, in response to the sustained and substantial rise in COVID-19 cases, hospitalizations, and
deaths, issued a Revised Temporary Targeted Safer at Home Health Officer Order for Control of
COVID-19: Tier 1 Substantial Surge Updated Response, effective from 11:59 pm PST on
December 30, 2020, to remain in effect for as long as the State Public Health Officer’s Regional
Stay at Home Order remains in effect in the Southern California Region, that was substantially
equivalent to the December 29, 2020 Temporary Targeted Safer at Home Order, with the
exception that it added an Appendix W: Mandatory Directive on Travel to establish rules for
mandatory quarantine after non-essential travel, and modified the requirements for return from
travel to provide that, except as provided in Appendix W, persons arriving in the County of Los
Angeles from anywhere outside of the Southern California Region on or from non-essential
travel, including returning County of Los Angeles residents, must self-quarantine for 10 days
after arrival, staying at home or another place of temporary shelter and away from contact with
others, including those in one’s household (unless they are also under quarantine) for a period of
at least 10 days if no COVID-19 symptoms develop; and
WHEREAS, on January 5, 2021, the County of Los Angeles, citing the continued,
unprecedented public health and economic crisis due to the COVID-19 pandemic, noting the
expiration on January 31, 2021 of both the AB 3088 eviction protections to residential tenants
who are unable to pay rent during the COVID-19 emergency and the AB 3088 preemption of
actions by local governments to protect residential tenants from eviction for nonpayment of rent
due to financial distress related to COVID-19, and noting the critical importance as winter
months and colder temperatures arrive of continuing protections that can keep residents in their
homes and off the streets, adopted a resolution extending the County’s eviction moratorium
through February 28, 2021, with further extensions to be reevaluated every thirty days, and
applying the moratorium to nonpayment of rent incurred between February 1, 2021 and February
28, 2021 by both commercial and residential tenants so long as the reason for nonpayment is
financial impacts related to COVID-19 and the tenants have provided notice to their landlords of
their inability to pay within seven days after the date that rent was due; and
WHEREAS, on January 11, 2021, the Los Angeles County Department of Public Health,
in response to continuing increases in COVID-19 cases, hospitalizations, and deaths, issued an
urgent plea for everybody to be extremely cautious and very careful; to avoid, as much as
possible, contact with others that are not in their households; and when they must go out, to work
or for essential services, to always wear a mask, keep their distance form others, wash their hand
frequently, and bring sanitizing wipes with them to wipe down cell phones, car keys,
workstations, door handles, and anything else they touch and other people are touching; and
WHEREAS, on January 19, 2021, the Director of Emergency Services issued a Thirty-
Second Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which extended the City’s moratorium on evictions of
residential tenants for non-payment of rent due to the financial impacts of COVID-19 to apply to
rent due and unpaid during the period February 1, 2021 through March 31, 2021; extended the
moratorium on eviction for nonpayment of rent by a commercial tenant 1 to apply to rent due
and unpaid due to the financial impacts of COVID-19 through March 31, 2021, and extended the
date by which a commercial tenant 1 may repay unpaid rent from June 30, 2021 to September
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30, 2021; subject to exceptions specified in the Nineteenth and Thirty-First Supplements,
extended the expiration of prior supplements that remained in place to March 31, 2021; and
authorized BBB to modify its existing agreement with the entity that markets advertising on
BBB buses; and
WHEREAS, on January 20, 2021, President Biden signed an executive order mandating
that the United States Center for Disease Control extend its current eviction moratorium until at
least March 31, 2021, and the Director of the CDC, noting that the COVID-19 pandemic has
presented a historic threat to our nation’s health and also triggered a housing affordability crisis
that disproportionately affects some communities, announced that it was extending its order
temporarily halting residential evictions until at least March 31, 2021; and
WHEREAS, on January 25, 2021, noting that while there are positive signs that COVID-
19 is spreading at a slower rate across the state the COVID-19 pandemic is far from over; that it
is still critical that Californians continue to wear masks when they leave their homes, maintain
physical distance of at least 6 feet, wash their hands frequently, avoid gatherings and mixing
with other households, and follow all state and local health department guidance and get the
vaccine when it is their turn; and that the majority of counties remain in the strictest, or purple,
tier that indicates which activities and businesses may open based on local case rates and test
positivity, the California Department of Health ended the state’s Regional Stay at Home Order,
allowing all counties statewide to return to the rules and framework of the Blueprint for a Safer
Economy; and
WHEREAS, on January 25, 2021, the Los Angeles County Department Public Health, in
light of the California Department of Public Health’s lifting of the State’s Regional Stay at Home
Order, reinstated the November 25, 2020 County Safer at Home Order with additional updates,
including modified guidance for attending faith-based services; and
WHEREAS, on January 26, 2021, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised First,
Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised
Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth,
Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-
First, and Thirty-Second Supplements thereto; resolved that the local emergency shall be deemed
to continue and exist until its termination is proclaimed by the City Council; and resolved that
the supplements being ratified above shall, except for those portions of earlier supplements that
were not extended by the Nineteenth and Thirty-First Supplements, be operative and remain in
effect through March 31, 2021, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, as of January 27, 2021, the Los Angeles County Department of Public
Health has confirmed 1,091,712 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 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 certain restaurants to temporarily extend their operations to the
roadway on Third Street Promenade in accordance with this Order will enable the restaurants to
operate safely during the pendency of this COVID-19 emergency; 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, 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 limited reopenings of businesses, often subject
to strict occupancy limits, permitted by the County Safer at Home Order; and
WHEREAS, during this local emergency, and in the interest of protecting the public
health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing
displacement, to protect the City’s affordable housing stock, to prevent housed individuals from
falling into homelessness, and to prevent loss of local businesses; and
WHEREAS, this local emergency includes an economic crisis that could only worsen the
existing housing crisis in the City and in Los Angeles County; and
WHEREAS, the City of Santa Monica is committed to protecting housing for all
segments of the community, in particular for its most vulnerable residents, as a matter of social
justice and human dignity and in order to preserve diversity; and
WHEREAS, a crisis exists in the City of Santa Monica due to the lack of affordable
housing, the high number of homeless people, and the high number of people at risk of
homelessness; and
WHEREAS, this crisis has been created in part by high rental prices, insufficient
production of affordable units, the inability of tenants to afford attorneys to represent them in
evictions, and a lack of awareness of tenants’ rights; and
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WHEREAS, a second and even more dire crisis has been created by the COVD-19
pandemic and its economic fallout with an unemployment rate that has reached as high as 17% in
Santa Monica and in which thousands of tenants have lost income to the extent they have
difficulty paying all or part of their monthly rent; and
WHEREAS, approximately 71% of Santa Monica households (32,295) rent their homes;
and
WHEREAS, Santa Monica renters will not experience this housing and eviction crisis
equally; poor and working-class tenants, tenants of color, families with children, and persons
with disabilities are disproportionately impacted by the pandemic and housing crisis due to
inequities and shortcomings in health care, employment, and housing; and
WHEREAS, this housing emergency destabilizes families and neighborhoods, especially
the most vulnerable among us, resulting in homelessness, and harm to social tranquility and the
general welfare of Santa Monica, and
WHEREAS, the limited pace of the vaccination program and the continuing spread of
COVID-19 suggest that the COVID-19 pandemic and the resulting need, in the interest of
protecting the public health and preventing transmission of COVID-19, to avoid unnecessary
housing displacement, to protect the City’s affordable housing stock, and to prevent housed
individuals from falling into homelessness will extend beyond March 31, 2021; and
WHEREAS, AB 3088, signed into law August 31, 2020, specifically preempts actions by
local government to protect residential tenants from eviction based on nonpayment of rent due
and unpaid for the period October 1, 2020 through January 31, 2021 based on financial distress
related to COVID-19; and
WHEREAS, to date, there have been no additional state protections to cover rent due and
unpaid by residential tenants between February 1, 2021 and June 30, 2021 based on financial
distress related to COVID-19; and
WHEREAS, AB 3088 does not preempt actions by local government for nonpayment
eviction protection for rents due and unpaid by residential tenants after January 31, 2021; 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:
A. Satellite Outdoor Dining Extension for Third Street Promenade
1. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words
and phrases used in Sections 1 through 8 of this Order. In addition, as used in
Sections 1 through 8 of this Order:
a. “Satellite outdoor dining area” means the portion of the roadway in the Third
Street Promenade that is designated pursuant to regulations promulgated by the
Director of the Community Development Department or designee for a restaurant
to deliver its take out food and beverages and for patrons to consume such food
and beverages.
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), that have a current business license and operate out of a
physical location in the area bounded by the east side of Second Street, south side
of Wilshire Boulevard, west side of 4th Street and north side of Broadway.
2. Sections 1 through 8 of this Order apply to legally established restaurants that have
entered into a temporary outdoor encroachment agreement or obtained a temporary
permit from the Director of the Community Development Department or designee to
utilize the satellite outdoor dining area as permitted under this Order. The Director of
the Community Development Department 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.
The Director of the Community Development Department or designee retains the
discretion to decline to enter into a temporary outdoor encroachment agreement for
any reason, including, if the location of the Satellite outdoor dining area interferes
with a planned or future City project or operations. In lieu of a temporary outdoor
encroachment agreement, the Director of the Community Development Department
or designee is authorized to issue a permit to utilize the satellite outdoor dining area.
3. A restaurant that seeks to use the satellite outdoor dining area must comply with 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 the Community Development Department
or designee pursuant to Section 6, obtain a permit for use of the satellite outdoor
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dining area as authorized by this Order. As part of any application to utilize the
satellite outdoor dining area, the restaurant must submit a letter of support from
the Downtown Santa Monica, Inc. (“DTSM”). The absence of either a letter or
support from DTSM are factors that the City may consider in determining
whether to enter into a temporary outdoor encroachment agreement with or issue
a permit to the restaurant. Any certificate issued by the City for the temporary use
of outdoor areas shall be displayed by the restaurant during business hours.
b. Use of the satellite outdoor dining area 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 Safer at Home
Order, including any amendments and successors thereto.
c. Use of the satellite outdoor dining area shall be conducted as a temporary
accessory use to a legally established restaurant. 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. The restaurant’s use of the satellite outdoor dining area
is temporary and does not constitute an abandonment, whether express or implied,
by the City of any of its rights associated with the statutory and customary
purposes and use of any operations in the public rights-of-way.
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. Only to the extent authorized by the ABC, including through issuance of a
COVID-19 temporary catering authorization, alcohol may be served in the
satellite outdoor dining area 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 (CCS), adopted by the City Council on May 12, 2020 and
amended and extended on November 10, 2020 by Interim Zoning Ordinance
Numbers 2657 (CCS) and 2658 (CCS) and any successors thereto.
f. Furnishings for the satellite outdoor dining area are limited to movable tables,
chairs, floor coverings, umbrellas or canopies that are secured and maintain the
height clearance for sidewalk or pedestrian passage, and electric cordless lighting
(collectively, “temporary furnishings”). Any canopy must comply with the
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requirements in subsection g Temporary furnishings need not be removed each
day upon closing of business. To the extent the restaurant leaves out such
temporary furnishings overnight, the restaurant bears all risks related to any
damage to or loss of temporary furnishings.
g. The restaurant may utilize a canopy in the satellite outdoor dining area so long as
there is compliance with the following conditions:
i. A canopy with all sides open shall (1) not exceed 700 square feet in the
aggregate, (2) be sufficiently secured to meet wind load requirements, (3) if
used in connection with a propane or electric heater, provide at least 3 feet of
clearance from the heater to top of the canopy or any other combustible
material, and (4) not be placed within 12 feet of any building. Multiple
canopies placed side by side will be considered a single canopy for purposes
of calculating the 700 square feet in the aggregate, unless each canopy is
placed at least 12 feet apart from one another. An impermeable barrier not
exceeding 7 feet high that separates tables from one another or the satellite
outdoor dining area from pedestrians is not counted as a side down of the
canopy.
ii. A canopy with up to two sides down shall (1) not exceed 400 square feet in
the aggregate, (2) be sufficiently secured to meet wind load requirements,
(3) if used in connection with an electric heater, provide at least 3 feet of
clearance from the electric heater to the top or sidewall of the canopy or any
other combustible material, (4) not be used in close proximity to a propane
heater, unless a duct-style propane heater is utilized and is placed outside of
and at least 3 feet away from the canopy, and (5) not be placed within 12 feet
of any building. Multiple canopies placed side by side will be considered a
single canopy for purposes of calculating the 400 square feet in the aggregate,
unless each canopy is placed at least 12 feet apart from one another. For
purposes of clarity, a canopy may not be utilized if there is more than two
sides down. An impermeable barrier not exceeding 7 feet high that separates
tables from one another or the satellite outdoor dining area from pedestrians is
not counted as a side down of the canopy.
iii. Any canopy in compliance with subsections (g)(i) or (g)(ii) that exceeds 120
square feet may not be utilized for more than 180 consecutive days.
iv. Any canopy that does not meet the square footage or 12-foot distance from a
building requirements set forth in subsections (g)(i) or (g)(ii) may only be
utilized if a special event permit is obtained from the Santa Monica Fire
Department and there is compliance with the conditions stated in such a
permit, which may vary from the terms of this Order.
h. Propane or electric heaters may be utilized in the satellite outdoor dining area so
long as the restaurant complies with the heater requirements in subsection (g) if
such heaters are used in connection with a canopy. In addition, propane heaters
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may only be utilized in the satellite outdoor dining area so long as the restaurant
(i) has an existing or obtains a propane heater permit from the Santa Monica Fire
Department, (ii) complies with the Santa Monica Fire Department’s Fire
Prevention Policy Number 1-9 on Portable Propane Heaters, and (iii) secures or
removes the propane heater(s) every day upon closing of the business. Any use of
a propane or electric heater is subject to inspection by the Fire Marshal and the
terms of such use may be modified by the Fire Marshal if, in his sole and
complete discretion, he determines such modifications are in furtherance of public
safety. Table lamps using liquid fuel, candles, or any fixtures other than a
propane heater using an open flame are not permitted. Decorative lighting
plugged into a legal outlet is permitted, provided that such lighting is strung
overhead, maintains height clearance for sidewalk or pedestrian passage, and the
electrical cord is not placed on the sidewalk, or if it is not feasible to string the
lighting overhead, any extension cord must be covered with a flat and bright
extension cord cover that is ADA accessible.
i. Except for a 44-inch wide unobstructed exit path, the restaurant must place a
temporary impermeable barrier that is at least 6 feet high and no higher than 7 feet
to separate the satellite outdoor dining area from the sidewalk or roadway in the
Third Street Promenade. A restaurant may also place a temporary impermeable
barrier to separate tables from one another. Any such barrier must comply with
the County Department of Public Health’s Guidance on the Use of Barriers as an
Engineering Control for Social/Physical Distancing. No other temporary barrier
is permitted, except for any temporary barriers required by ABC pursuant to the
Fourth Notice of Regulatory Relief issued on May 15, 2020.
j. The restaurant must not attach any object, including a temporary barrier, canopy,
lighting, or other temporary furnishing, to a public tree.
k. The restaurant must at all times use due care in its operation of the satellite
outdoor dining area to avoid causing or creating any damage to the roadway or
sidewalk. The restaurant shall immediately inform the City of any actual or
potential damage to the roadway or sidewalk area, and the restaurant must
reimburse the City within 30 days of receiving a written request for any and all
costs to repair such damage, if caused by the restaurant.
l. The restaurant must monitor and supervise the satellite outdoor dining at all times
during the restaurant’s business hours, including, but not limited to, ensuring that
at least one agent of the restaurant is present at each satellite outdoor dining area
at all times during the restaurant’s business hours while the satellite outdoor
dining area is open to patrons.
m. A single, non-permanent sign with the restaurant’s name and an attached menu
may be placed within the satellite 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 must comply with the requirements imposed on use of
other furnishings by subsection n below.
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n. Temporary furnishings, signs, propane or electric heaters, and temporary barriers
used in the satellite outdoor dining area shall not block any portion of the full
width of any legal exit from the satellite outdoor dining area 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 satellite outdoor dining
area to the public right of way.
o. Satellite outdoor dining areas are for sit-down food and beverage service only; no
stand-up service is permitted.
p. No structure or enclosure to accommodate the storage of trash or garbage shall be
erected or placed on, adjacent to, or separate from the satellite outdoor dining area
on the public sidewalk, roadway, or right-of-way. The restaurant must comply
with any waste management plan approved by the Director of the Community
Development Department or designee through administrative regulations.
Satellite 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 satellite 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.
q. Hours of operation of the satellite outdoor dining area shall not exceed the hours
of operation of the associated restaurant, subject to limitations on alcohol sales set
forth in all applicable permits, license, and regulations.
r. Any satellite outdoor dining area use shall be in compliance with the noise
restrictions in Chapter 4.12 of the Santa Monica Municipal Code.
s. All forms of speaker amplification are prohibited.
t. The satellite outdoor dining area and any other temporary outdoor space the
restaurant is utilizing pursuant to the Third Revised Eighteenth Supplement to the
Executive Order of the Director of Emergency Services Declaring the Existence
of a Local Emergency 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 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.
u. The City maintains the right to verify the square footage of the satellite outdoor
dining area and to make periodic inspections of the satellite outdoor dining area at
any time and without notice to the restaurant.
v. The restaurant shall, (i) in the event of an emergency, as determined by the City,
immediately remove any temporary furnishings, signs, propane heaters, and
temporary barriers; or (ii) if not an emergency, remove any temporary
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furnishings, signs, propane heaters, and temporary barriers within 48 hours of the
City’s written request. If the restaurant fails to timely remove its temporary
furnishings, signs, propane heaters, or temporary barriers as required by this
Section, the City may, at the restaurant’s expense, remove the temporary
furnishings, signs, propane heaters, and temporary barriers and recover its costs
for its work from the restaurant.
w. The restaurant shall not construct a deck or other structure in the satellite outdoor
dining area.
x. The City reserves the right to modify, through amending any regulations
promulgated pursuant to Section 6, the portions of the roadway in the Third Street
Promenade that is designated as satellite outdoor dining area, including
eliminating portions for temporary outdoor dining entirely. Any restaurant
utilizing such portions of the satellite outdoor dining area, shall, as applicable,
modify or cease their temporary outdoor dining operations no later than 5
calendar days after the Director of the Community Development Department or
designee has provided written notice to the restaurant of the amended regulations.
y. The City reserves the right to terminate or suspend immediately any temporary
outdoor encroachment agreement if the City determines that there is an
emergency situation that poses a risk to the public health, safety or welfare. In
such a case, City will provide written notice of termination or suspension as soon
as reasonably possible
z. Either the City or the restaurant may at any time, without cause, terminate the
temporary outdoor encroachment agreement on 30 days’ prior written notice to
the other party.
aa. Compliance with all applicable laws and regulations, including, but not limited to,
the American with Disabilities Act.
bb. Compliance with minimum insurance requirements, as set forth in the temporary
outdoor encroachment agreement or, if applicable, temporary permit.
cc. Compliance with any other condition(s) required by regulations promulgated
pursuant to Section 6.
4. Sections 3.12.360, 4.68.040, 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 satellite outdoor dining activities authorized
by this Order.
5. No earlier than March 1, 2021 and after the City has provided 30 days notice to
restaurants that have entered into a temporary outdoor encroachment agreement or, if
applicable, obtained a temporary permit for use of the satellite outdoor dining area as
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authorized by this Order, the City is authorized to assess a monthly fee for use of the
satellite outdoor dining area to restaurants. Such a fee shall (a) be due on the first of
each month and, if not received by the City within three days after it is due, be subject
to a 10% late charge; (b) be based on the square footage of the satellite outdoor dining
area utilized by the restaurant, and (c) comply with the rates for “Outdoor Dining
Area without a Barrier,” as adjusted annually in accordance with the Consumer Price
Index, as set forth in Resolution No. 10586 (CCS), adopted by the City Council on
June 21, 2011. Notwithstanding the foregoing, the City may not assess a fee for any
month if, as of the first of that month, the County Safer at Home Order has not
authorized restaurants to resume indoor operations at 50% or greater occupancy. For
purposes of clarity, the monthly rate per square foot for “Outdoor Dining Area
without a Barrier” in FY2020/2021 for the Third Street Promenade is $2.66 per
square foot. This rate will increase by LA County Consumer Price Index on July 1,
2021.
6. The Director of the Community Development Department or designee may
promulgate regulations to implement Sections 1 through 5 of this Order. Such
regulations may include, but are not limited to, the imposition of an application or
permit fee, restrictions on hours of operation, and additional conditions for utilizing
the satellite outdoor dining area authorized by this Order. Such regulations may also
vary from the conditions set forth in Section 3 to the extent necessary to comply with
the County Safer at Home Order, including any protocols or other guidance issued by
the County Department of Health.
7. The City, in its sole and complete discretion, may suspend or revoke the use of the
satellite outdoor dining area authorized by Sections 1 through 8 of this Order, for,
among other things, any failure to comply with: (a) the conditions as set forth in
Section 3; (b) the payment provision in Section 5; (c) any regulations issued pursuant
to Section 6 of this Order, or (d) any other applicable law.
8. In addition to or in lieu of any suspension or revocation pursuant to Section 7,
Sections 1 through 3 and any regulations promulgated under Section 6 of this Order
(collectively, the “temporary use restrictions”) shall be enforceable by an
Enforcement Officer, as that term is defined by Santa Monica Municipal Code
Section 1.09.020, through the issuance of an 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 the temporary use restrictions by a restaurant shall be: $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 the temporary use restrictions constitutes a
separate violation and may be charged and punished separately.
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B. Extension of Residential Tenant Eviction Moratorium
9. As implemented by the Twenty-Sixth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency: (a)
Sections 1, 2, 6 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 (the “Fifth Revised First Supplement”), as they
apply to nonpayment of rent due to the financial impacts of COVID-19, shall apply to
such rent that was due and unpaid between March 14, 2020 and September 30, 2020;
and (b) through September 30, 2021, a landlord may not endeavor to evict a covered
residential tenant for nonpayment of such rent due to the financial impacts of
COVID-19.
10. As implemented by the Thirty-First Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency (the
“Thirty-First Supplement”), Sections 1, 4 through 11, and 20 through 24 of the Fifth
Revised First Supplement, which implement an eviction moratorium for residential
tenants for reasons other than nonpayment of rent due to the financial impacts of
COVID-19, as well as Section 3 of the Fifth Revised First Supplement as put in place
by Section 26 of the Twenty-Eighth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency, are
extended and shall remain in effect through June 30, 2021, 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.
11. Sections 1, 2, 6 through 11, and 20 through 24 of the Fifth Revised First Supplement,
as they apply to nonpayment of rent due to the financial impacts of COVID-19, shall
apply to such rent that becomes due and remains unpaid between February 1, 2021
and June 30, 2021. As a result, through June 30, 2022, a landlord may not endeavor
to evict a covered residential tenant for nonpayment of such rent due to the financial
impacts of COVID-19.
C. General Provisions
12. 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 shall remain in effect
while the County’s Safer at Home Order, including any later amendments or
successors thereto, is in place plus an additional 30 days thereafter; and (b) Sections 9
through 11 shall remain in effect through June 30, 2021.
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13. If any section, subsection, sentence, clause, or phrase of this Order is for any reason
held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this Order. The Interim City Manager hereby declares that she would have issued this
Order, the Executive Order, and any Supplement or Revised Supplement to the
Executive Order, and each and every section, subsection, sentence, clause, or phrase
of this Order, the Executive Order, and any Supplement, or Revised Supplement to
the Executive Order not declared invalid or unconstitutional, without regard to
whether any portion of this Order, the Executive Order, or any Supplement or
Revised Supplement to the Executive Order would be subsequently declared invalid
or unconstitutional.
ADOPTED this 28th day of January 2021.
B y : L A N E D I L G
Interim City Manager
Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
DENISE ANDERSON-WARREN
City Clerk
GEORGE S. CARDONA
Interim City Attorney
DocuSign Envelope ID: 6600E237-3402-456D-93B6-83A8E6DE039C
Adopted and approved this 23rd day of March 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11324 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 23rd day of March 2021, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, McKeown, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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