R113871
City Council Meeting: December 7, 2021 Santa Monica, California
RESOLUTION NUMBER 11387 (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”) 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”); and
WHEREAS, on March 14, 2020, the Director of Emergency Services issued a
First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“First Supplement to the Executive
Order”) placing a temporary moratorium on evictions for non-payment of rent and
temporarily suspending the discontinuation or shut off of water service for residents and
businesses in the City for non-payment of water and sewer bills and the imposition of
late payment penalties or fees for delinquent water and/or sewer bills and parking
violations; and
WHEREAS, on March 15, 2020, the Director of Emergency Services issued a
Second Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Second Supplement to the Executive
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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
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a
Fourth Supplement to the Executive Order of the Director of Emergency Services
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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,
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
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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
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
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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
WHEREAS, on March 20, 2020, the Director of Emergency Services issued a
Sixth Supplement to the Executive Order of the Director of Emergency Services
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Declaring the Existence of a Local Emergency suspending labor negotiations through
April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to
engaging in collective bargaining, and suspending various human resources processes
in order to decrease in-person meetings and enable effective emergency response,
including suspending requirements associated with the administration of competitive
examinations and the appointment of individuals from eligibility lists; suspending certain
requirements and minimum qualifications associated with the appointment of temporary,
limited-term, and as-needed employees; and modifying the Municipal Code to state that
certain additional appointments will be subject to a probationary period; and
WHEREAS, on March 21, 2020, the Director of Emergency Services issued a
Seventh Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal
Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of
Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell
alcoholic beverages for off-site consumption via delivery and take-out; and
WHEREAS, on March 21, 2020, the Los Angeles County Department of Public
Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of
COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders,
closing all nonessential businesses and prohibiting gatherings of non-household
members; and
WHEREAS, on March 22, 2020, the Director of Emergency Services issued an
Eighth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency adopting as rules and regulations of the
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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
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
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April, suspending outdoor dining licenses and outdoor dining license payments for City
licensees for the month of April, granting the Director of the Departm ent 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,
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
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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
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
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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
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
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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
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
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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
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,
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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
the Order for residential tenants, for a period of 90 days after the expiration of the Order
for commercial tenants, and for the duration of the Order for non-retail commercial
tenants; and
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WHEREAS, on May 8, 2020, the Director of Emergency Services issued a
Thirteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency incorporating the provisions of the Third
Revised First Supplement that add language to the City’s Housing Trust Fund and
Affirmative Housing Production Program Guidelines to extend eligibility to individuals
who were working in Santa Monica prior to March 1, 2020, but lost employment due to
COVID-19 related reasons and, in accordance with the Governor’s Executive Order
suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent
they prohibit retail establishments from providing without charge reusable grocery bags
or recycled paper bags or single-use plastic carryout bags to customers at point of sale;
further extending to July 1, 2020 the expiration of Fire Department annual permits of
operation; and setting time limits on the conduct of loud construction activities and
authorizing the City to issue administrative citations to enforce those time limits; and
WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Third and
Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh,
Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved
that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the Fourth Revised First and Second
through Thirteenth Supplements shall be operative and remain in effect through May 15,
2020, or any later date expressly stated within the text of an individual supplement; and
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
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and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, and May 8, 2020
County Health Officer Orders and Addendums; recognized that existing community
transmission of COVID-19 in Los Angeles County continues to present a substantial
and significant risk of harm to residents’ health; but took a limited and measured step to
partially move the County into Stage 2 of its phased approach to reopening while
keeping a low incidence of person-to-person contact and ensuring continued social
distancing and adherence to other infection control procedures – accordingly, the order
continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-
person contacts are likely to occur; continued to allow Essential Businesses to operate
subject to social distancing requirements; allowed two categories of lower-risk
businesses to reopen subject to specified social distancing protocols, retailers not
located within an indoor mall or shopping center and manufacturing and logistics sector
businesses that supply lower-risk retail businesses; and permitted the reopening of
beaches for limited solo recreational activities, while retaining closures of beach parking
lots, beach bike paths, and piers; and
WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version
of its safer at home order including requirements that all individuals engaging in outdoor
activities, except for water activities, and all individuals engaging in essential activities
whenever there is or can be contact with other who are non-household members in both
public and private places, must wear a cloth face covering; and
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WHEREAS, on May 14, 2020, the Director of Emergency Services issued a
Fourteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (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
during the first full week of each month, which is when the street sweeping will occur;
and
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WHEREAS, on May 19, 2020, the Director of Emergency Services issued a
Sixteenth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency authorizing specified Boards,
Commissions, and other appointed bodies to resume limited meetings, to be conducted
remotely pending further order, for the purpose of exercising specified adjudicative and
quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and
imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other
fees charged to restaurants by third-party food delivery companies; and
WHEREAS, on May 22, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home Order for Control of COVID-19 that amended
and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020
County Health Officer Orders and Addendums; recognized that existing community
transmission of COVID-19 in Los Angeles County continues to present a substantial
and significant risk of harm to residents’ health; but took a limited and measured step to
partially move the County into Stage 2 of its phased approach to reopening while
keeping a low incidence of person-to-person contact and ensuring continued social
distancing and adherence to other infection control procedures – accordingly, the order
continued to prohibit indoor and outdoor public and private gatherings and events;
continued to require the continued closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-
person contacts are likely to occur; continued to allow Essential Businesses to operate
subject to social distancing requirements; allowed the conditional reopening of specific
retail and other Lower-Risk businesses, including curbside, doorside, or other outdoor
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or outside pickup from retailers located within an indoor mall or shopping center and
manufacturing and logistics sector businesses that supply lower-risk retail businesses;
permitted the reopening of beaches, beach parking lots, and beach bike paths, while
maintaining the closure of public piers; continued to authorize local public entities to
temporarily close certain streets or areas to automobile traffic to allow for increased
space for persons to engage in recreational activity in compliance with social (physical)
distancing requirements; and authorized participation in Vehicle-Based Parades in
compliance with all laws and a specified protocol; and
WHEREAS, on May 25, 2020, the California Department of Health, while
recognizing that COVID-19 is still present in State communities and that physical
distance, wearing face coverings in public, and washing hands frequently are more
important than ever, announced the statewide opening of in-store retail shopping, under
previously issued guidance and subject to approval by county public health
departments, and issued guidelines for in-person protests and events designed for
political expression; and
WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fourth Revised
First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth,
Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements
thereto; resolved that the local emergency shall be deemed to continue and exist until
its termination is proclaimed by the City Council; and resolved that the Fourth Revised
First and Second through Sixteenth Supplements shall be operative and remain in effect
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through June 30, 2020, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, on May 26, 2020, the Los Angeles County Department of Public
Health issued a revised Safer At Home Order for Control of COVID-19 that superseded
all prior Safer At Home Orders; while recognizing that existing community transmission
of COVID-19 in the County continues to present a substantial and significant risk of
harm to residents’ health, in light of the progress achieved in slowing the spread of
COVID-19 in the County, aligned the County with State Executive Orders and State
Health Officer Orders that support phased reopening in accordance with the California
Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of
limiting close contacts with others outside of residents’ households in both indoor and
outdoor spaces and ensuring continued social distancing and adherence to other
infection control procedures – accordingly, the order continued to prohibit indoor and
outdoor public and private gatherings and events except for the limited purposes
expressly permitted by the Order; continued to require compliance with social (physical)
distancing requirements including wearing a cloth face covering whenever there is or
can be contact with others who are non-household members in both public and private
spaces; continued to require the closure of higher-risk businesses, recreational sites,
commercial properties, and activities, where more frequent and prolonged person-to-
person contacts are likely to occur; continued to allow Essential Businesses to operate
subject to social distancing requirements; allowed the conditional reopening of four
categories of Lower-Risk businesses – lower-risk retail businesses that may now
reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and
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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, 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, on March 19, 2021, the Director of Emergency Services issued a
Thirty-Fourth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which modified the authorization for
temporary curbside pickup zones so that as of April 1, 2021, they will be allowed only
for restaurants and not for other businesses; and with specified exceptions, extended
the expiration of prior supplements that remain in place to April 30, 2021, with later
expiration dates stated in specific supplements remaining unchanged -- provisions not
being extended will result in: (a) impositions of late payment penalties for unpaid or
delinquent transient occupancy taxes resuming as of April 1, 2021; and (b) the eviction
moratorium for commercial tenant 1s not being extended, with the result that it will not
apply to rent that becomes due after March 31, 2021; and
WHEREAS, on March 23, 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, Thirty-Second, and Thirty-Third 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
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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 March 24, 2021, the Director of Emergency Services issued a
Corrected Thirty-Fourth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency, which corrected a
typographic error in Section 10 of the Thirty-Fourth Supplement regarding the time
periods of rent to which the eviction moratorium for commercial tenant 1s, as defined in
the Fifth Revised First Supplement, would apply; and
WHEREAS, on April 2, 2021, the United States Center for Disease Control and
Prevention issued an updated advisory regarding domestic travel during COVID-19,
which recommended delaying travel until fully vaccinated; continued to require the
wearing of masks on planes, buses, trains, and other forms of public transportation
traveling into, within, or out of the United States and U.S. transportation hubs such as
airports and stations; and continued to require staying at least 6 feet from anyone not a
traveling companion; and
WHEREAS, on April 2, 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 – Orange Tier Risk Reduction Measures order that,
effective April 5, 2021, superseded all prior Safer at Home Orders; made revisions
reflecting the County’s move into the Orange Tier of the State’s Blueprint for a Safer
Economy; added new protocols for Outdoor Seated Live Events and Performances,
Amusement Parks and Theme Parks, and Bars with a low-risk public health food facility
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permit; and increased capacity limits while maintaining Social (Physical) Distancing and
masking requirements for the following sectors – Restaurants, Breweries, and Wineries,
Cardrooms, Places of Worship, Family Entertainment Centers, Shopping Malls, Retail,
Fitness Centers, Personal Care Establishments, Limited Services, Movie Theaters,
Museums, and Institutes of Higher Education, but noted that as the County moves into
the Orange tier, even as daily case counts, hospitalizations, and deaths are decreasing,
community transmission of COVID-19 remains at a moderate level and continues to
present a substantial and significant risk of harm to residents’ health; vaccinations are
occurring as quickly as supplies allow but most people in our community are still not
vaccinated; new variants of the virus that may spread more easily or cause more severe
illness are present in our county, but their impact on our local epidemic is largely
unknown; and reopening requires that all individuals and businesses use particular care
and do their part to make activities as safe as possible by strictly and consistently
wearing masks and following physical distancing requirements and all other business-
or activity-specific safety protocols; and
WHEREAS, on April 6, 2021, the California Department of Public Health
announced that, as California reached 20 million vaccines administered and COVID-19
case rates and hospitalizations have stabilized, effective June 15, 2021, California will
move beyond the Blueprint for a Safer Economy to fully reopen the economy, with all
industries across the state returning to usual operations, with the continuation of
common-sense, limited public health restrictions such as masking, testing, testing or
vaccination verification requirements for large-scale higher-risk events, and workplace
policies that reduce risk, including remote work when possible without impacting
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business operations, if two criteria are met: (1) vaccine supply is sufficient for
Californians 16 years or older who wish to be inoculated to obtain an appointment to
receive the inoculation within two weeks; and (2) hospitalizations are stable and low,
and specifically, hospitalizations among fully vaccinated individuals are low; and
WHEREAS, on April 11, 2021, the Los Angeles County Department of Public
Health issued an updated Travel Advisory and Guidance, consistent with the Centers
for Disease Control and Prevention guidance, advising that fully vaccinated persons
may travel but should continue to take precautions and, if asymptomatic, on return from
domestic travel, no quarantine or testing is required; but continuing to advise that until
they are fully vaccinated, Los Angeles County residents should continue to avoid all
non-essential travel outside of California, and requiring that all non-essential travelers
who are not fully vaccinated must quarantine on arriving in or returning to Los Angeles
County from other states or countries; and
WHEREAS, on April 14, 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 – Orange Tier Risk Reduction Measures
order that, effective April 15, 2021, superseded all prior Safer at Home Orders; added
new reopening protocols for Indoor Seated Live Events and Performances and Private
Events (meetings, receptions, and conferences); added Guidance for Informal Social
Gatherings, which replaced the prior guidance for private gatherings; and added Fairs to
the protocol for Amusement and Theme Parks, but noted that as the County continues
in the Orange tier, daily case counts, hospitalizations, and deaths remain at moderate
levels; community transmission of COVID-19 remains at a moderate level and continues
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to present a substantial and significant risk of harm to residents’ health; vaccinations are
occurring as quickly as supplies allow but most people in our community are still not
vaccinated; new variants of the virus that may spread more easily or cause more severe
illness are present in our county, but their impact on our local epidemic is largely
unknown; to keep our community safe, it remains important that all residents continue to
follow core principles and practices, including consistent and correct use of masks,
physical distancing from those who do not live with you, avoiding crowds, and getting
vaccinated when possible; and people at risk for severe illness with COVID-19, such as
unvaccinated older adults and unvaccinated individuals with health risks, and members
of their household should defer participating at this time in activities with other people
outside their household where taking protective measures of wearing face masks and
social distancing may be difficult, especially indoors or in crowded spaces; and
WHEREAS, on April 27, 2021, the Director of Emergency Services issued a
Thirty-Fifth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which with specified exceptions,
extended the expiration of prior supplements that remained in place until June 15, 2021;
except, however, if a later date is stated in a specified supplement, for imposition of late
payment penalties for unpaid or delinquent Certified Unified Program Agency (CUPA)
and Fire Prevention Inspection charges, which may resume as of May 1, 2021, or for
the issuance of performance permits for street performers on the pier, Third Street
Promenade, and Transit Mall, which will resume May 1, 2021, subject to the
requirement that all performers comply with all social distancing and infection control
protocols imposed by applicable State and County public health orders; in light of the
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prior suspension of 2020 performance permits, those permits will remain valid for the
period May 1, 2021 through December 31, 2021; and
WHEREAS, on May 5, 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 – Yellow Tier Risk Reduction Measures order that,
effective May 6, 2021, superseded all prior Safer at Home Orders; made revisions
reflecting the County’s move into the Yellow Tier of the State’s Blueprint for a Safer
Economy, including, but not limited to, modifications to protocols authorizing certain
businesses to reopen with specified capacity restrictions, but noted that as the County
moves into the Yellow tier, even as daily case counts, hospitalizations, and deaths are
decreasing, most people in our community are still not fully vaccinated and remain
susceptible to infection and the revision of reopening protocols does not mean that the
activities are safe and without risk;
WHEREAS, on May 14, 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 – Yellow Tier Risk Reduction Measures order that,
effective that same day, superseded all prior Safer at Home Orders, and was largely the
same as the May 5, 2021 Safer at Home Order, with the exception that it clarified that
professional services businesses, including residential and commercial real estate,
should operate in compliance with Appendix A: Social Distancing; and;
WHEREAS, on May 18, 2021, the Director of Emergency Services issued a
Thirty-Sixth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which superseded and replaced the
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First Revised Twentieth Supplement issued July 15, 2020, to modify the City’s
requirements regarding the wearing of face coverings to mesh with the State and
County’s latest guidance regarding the continued use of face coverings (including in
certain situations even by those who have been fully-vaccinated) through at least June
15, 2021, and sunset provisions from Sections 3(b), 4, and 5 of the Revised Fifth
Supplement issued March 18, 2020, to permit the resumption of imposition of late
payment penalties for unpaid or delinquent parking citations, enforcement of parking
restrictions and limitations in Green Parking Zones, and towing for violations of the
California Vehicle Code related to delinquent parking citations and expired registration;
and
WHEREAS, on May 21, 2021, the California Department of Public Health
announced that, other than for mega events (those with crowds greater than 5,000 for
indoor events and 10,000 for outdoor events), beginning on June 15, 2021, the State
will not impose on businesses restrictions on capacity and physical distancing; and
WHEREAS, on May 21, 2021, the Los Angeles County Department of Public
Health announced that the County will align with the State’s June 15, 2021 reopening
plans that ease many capacity limits and distancing requirements for businesses;
WHEREAS, effective May 22, 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-
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Eighth, Twenty-Ninth, Thirtieth, Thirty-First, Thirty-Second, Thirty-Third, Corrected
Thirty-Fourth, and Thirty-Fifth 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, Thirty-First,
Corrected Thirty-Fourth, and Thirty-Fifth Supplements, be operative and remain in effect
through June 15, 2021, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, on June 2, 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 – Yellow Tier Risk Reduction Measures order that
superseded all prior Safer at Home Orders; made revisions to permit the operation of
Overnight Organized / Children’s Camps in compliance with requirements of a newly
promulgated opening protocol for these businesses and with prior notice of intended
operation to County Environmental Health to allow sufficient time for an inspection of
the premises before reopening, and continued to note that most people in our
community are still not fully vaccinated and remain susceptible to infection, new variants
of the virus that may spread more easily or cause more severe illness are present in our
county though their impact on the local pandemic remains largely unknown, several
other states including Oregon, Nevada, Utah, and Arizona are experiencing a recent
increase in case and hospitalization rates, and all persons should continue to practice
physical distancing and COVID-19 infection control measures at all times when among
other persons when in community, work, social, or school settings; and
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WHEREAS, on June 8, 2021, the City Council adopted Emergency Ordinance
No. 2673, which established Santa Monica Municipal Code Chapter 6.40 to implement
the Santa Monica Outdoors program and continue the authorization for eligible
businesses temporarily to use certain public outdoor space for dining and other
business activities and Emergency Interim Zoning Ordinance No. 2674, authorizing
temporary use of private outdoor space; temporary permitted uses for emergency
shelters, public safety facilities, and drive-through facilities for COVID-19 testing and
vaccination purposes; and flexibility in issuance of temporary use permits and alcoholic
beverage sales, which ordinances became effective immediately upon their adoption, as
well as two resolutions (Resolutions Nos. 11339 and 11340) extending certain fee
waivers for use of public property through January 1, 2022, and established certain fees
for use of public property effective January 1, 2022; and
WHEREAS, on June 11, 2021, the Governor of California issued Executive Order
N-07-21, which noted that over the last 15 months the effective actions of Californians
have successfully curbed the spread of COVID-19, resulting in dramatically lower
disease prevalence and death in the State; noted that as of June 9, 2021, 54.3% of
eligible Californians have received a full course of COVID-19 vaccination, raising the
level of overall immunity in the States; noted that given the current outlook, it is
appropriate to reevaluate existing public health directives to allow for a full reopening of
California while maintaining caution and vigilance as California continues to increase
vaccination rates and monitor COVID-19 variants; rescinded Executive Order N-33-20,
issued on March 19, 2020, setting forth the Stay-at-Home Order; and rescinded
Executive Order N-60-20, issued on May 4, 2020, directing the State Public Health
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Officer to issue a risk-based framework for reopening the economy, along with all
restrictions on businesses and activities deriving from that framework, including all
aspects of the Blueprint for a Safer Economy; and
WHEREAS, on June 11, 2021, the Governor of California issued Executive Order
N-08-21, which noted that as a result of the effective actions Californians have taken, as
well as the successful and ongoing distribution of COVID-19 vaccines, California is
turning a corner in its fight against COVID-19; noted that in light of the current state of
the COVID-19 pandemic in California, it was appropriate to roll back certain provisions
of prior COVID-19 related Executive Orders; noted that certain provisions of prior
COVID-19 related Executive Orders remained necessary to continue to help California
respond to, recover from, and mitigate the impacts of the COVID-19 pandemic; noted
that the termination of certain provisions of prior COVID-19 Executive Orders during this
stage of the emergency would compound the effects of the emergency and impede the
State’s recovery by disrupting important governmental and social functions; and, subject
to individual conditions described in the order, extended specific provisions of identified
prior Executive Orders issued by the Governor in response to the COVID-19 pandemic
to have full force and effect through and expire as of June 30, 2021, July 31, 2021, or
September 30, 2021; and
WHEREAS, on June 11, 2021, the California Department of Public Health issued
a State Public Health Officer Order, effective June 15, 2021, which superseded the
earlier Public Health Officer Orders issued March 19, 2020, May 7, 2020, July 13, 2020,
and August 28, 2020; noted that California has made significant progress in vaccinating
individuals and reducing community transmission; noted that the COVID-19 vaccines
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are effective in preventing infection, disease, and spread; noted that unvaccinated
persons are more likely to get infected and spread the virus which is transmitted through
the air an concentrates indoors; noted that we must remain vigilant against variants of
the disease especially given high levels of transmission in other parts of the world and
due to the possibility of vaccine escape; noted that COVID-19 remains a concern to
public health and, in order to prevent its spread, limited and temporary public health
requirements remain necessary at this time; ordered that all individuals must follow the
requirements in the Guidance for the Use of Face Coverings issued by the California
Department of Public Health; ordered that all individuals must follow the requirements
for Mega Events in the Beyond the Blueprint for Industries and Business Sectors issued
by the California Department of Public Health, pending a review to be completed by no
later than September 1, 2021; ordered that all individuals must continue to follow the
requirements in the current COVID-19 Public Health Guidance for K-12 Schools in
California, the current COVID-19 Public Health Guidance for Child Care Programs and
Providers, and the portions of the current K-12 Schools guidance that have been made
explicitly applicable to day camps and other supervised youth activities; and noted that
the California Department of Public Health will continue to offer additional, non-
mandatory public health recommendations and guidance related to COVID-19, that the
public will be encouraged to follow to keep themselves, their families, and their
communities healthy; and
WHEREAS, on June 14, 2021, the Los Angeles County Department Public
Health issued a Safer Return Together at Work and in the Community Beyond the
Blueprint for a Safer Economy – Encouraging COVID-19 Vaccination Coverage with
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Limited Risk Reduction Measures, effective and reissued with minor revisions on June
15, 2021, which superseded prior County Health Officer orders; rescinded most Los
Angeles County Department of Public Health sector-specific protocols and aligned with
the State Beyond the Blueprint for Industry and Business Sectors and the
accompanying memoranda and orders of the State Public Health Officer; noted that
there is a 7-day average of approximately 200 new cases of COVID-19 reported daily in
Los Angeles County which indicates a continued risk of COVID-19 for those who are not
or cannot be vaccinated against COVID-19; continued to place certain safety
requirements on individuals, including masking requirements in some settings
consistent with federal and state rules; and urged everyone, especially those who are
not or cannot be vaccinated against COVID-19, to continue to exercise caution and
good judgment as physical distancing requirements and capacity limitations are
removed; and
WHEREAS, on June 14, 2021, the Director of Emergency Services issued a
Thirty-Seventh Supplement to the Executive Order of the Director of Emergency
Services Declaring the Existence of a Local Emergency, which, in lieu of prior City-
specific requirements for social distancing and the wearing of face coverings, all of
which were not extended, implemented and authorized the enforcement of all directives
included in the California Department of Public Health’s Guidance for the Use of Face
Coverings and all directives in the County Department of Health’s Safer at Home Order,
including any amendments and successors to those Orders; and, with specified
exceptions, extended the expiration of prior supplements that remained in place to July
15, 2021 -- exceptions to the extension were the following: provisions of various prior
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supplements relating to business use of outdoor public and private space that were
superseded by the City Council’s June 8, 2021 adoption of Emergency Ordinance No.
2673, Emergency Interim Zoning Ordinance No. 2674, and two resolutions (Nos. 11339
and 11340) establishing and waiving certain fees for use of public property; specified
provisions (all specifically identified and described in Section 3 of the Order) in various
prior supplements that were being rolled back in light of decreasing COVID-19 case
rates and increasing vaccination rates that had led to significant modifications to State
and County public health requirements and the State’s anticipated June 15, 2021, full
reopening; and the City’s eviction moratorium for residential tenants for reasons other
than non-payment of rent, which was not extended but remained in place through June
30, 2021, subject to any subsequent order that might extend that date; and
WHEREAS, on June 22, 2021, the Los Angeles County Board of Supervisors
adopted a resolution further amending and restating the County’s executive order for an
eviction moratorium during the existence of a local health emergency regarding COVID-
19, which, among other things, applies to incorporated cities within Los Angeles County;
applies to nonpayment eviction notices, no-fault eviction notices, unlawful detainer
actions served and/or filed on or after March 4, 2020, and other civil actions, including,
but not limited to, actions for repayment of rental debt accrued on or after March 4,
2020; provides that residential tenants who are unable to pay rent incurred during the
period July 1, 2021 through September 30, 2021, are protected from eviction under the
moratorium extended by the resolution, so long as the reasons for nonpayment was
financial impacts related to COVID-19 (as defined in the resolution) and the residential
tenant has provided notice to the landlord within seven (7) days after the date rent was
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due – residential tenants are required to repay unpaid rent incurred during this period
within twelve (12) months from the expiration of the period; provides that, with a
specified exception for certain owner move-ins to single family homes) residential
tenants shall not be subject to no-fault evictions (as defined in the resolution); provides
that residential tenants shall not be evicted for nuisance or for unauthorized occupants
or pets whose presence is necessitated by or related to the COVID-19 emergency; and
provides that residential tenants shall not be evicted on the ground that they denied
entry by the landlord into the rental unit, subject to specified exceptions; and
WHEREAS, on June 24, 2021, the Director of Emergency Services issued a
Thirty-Eighth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which, recognizing that state law
protections against eviction of residential tenants premised on non-payment of rent for
COVID-19 related reasons currently applied only to rent incurred through June 30,
2021, and recognizing that Los Angeles County’s June 22, 2021 extension of its eviction
moratorium stated that it applies to incorporated cities within the County to the extent
they do not impose a stricter moratorium, adopted relevant provisions of the County
extension, rendering them enforceable by the City, to extend through September 30,
2021 the moratorium on evictions of residential tenants premised on nonpayment of rent
due between July 1 and September 30, 2021 for COVID-19 related reasons; no-fault
evictions, with a limited exception for owner move-ins to single family residences; and
unauthorized occupants or pets or nuisance; and
WHEREAS, on June 28, 2021, California enacted AB 832, which extended the
expiration of the state moratorium on evictions for nonpayment of rent due to COVID-19
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financial distress from June 30, 2021 to September 30, 2021, increased the
compensation for an eligible household’s unpaid rental debt accumulated on or after
April 1, 2020 from 80% to 100%, and included provisions preempting local eviction
moratoriums; and
WHEREAS, on June 28, 2021, the Los Angeles County Department Public
Health issued a Safer Return Together at Work and in the Community Beyond the
Blueprint for a Safer Economy – Encouraging COVID-19 Vaccination Coverage with
Limited Risk Reduction Measures, which superseded prior County Health Officer orders
and was essentially identical to the June 15, 2021 County Health Officer order with the
exception that it added to the list of settings in which masks remain required of
everyone, regardless of COVID-19 vaccination status, any business or government
office serving the public that requires everyone to wear a mask; and
WHEREAS, on June 28, 2021, the Los Angeles County Department of Public
Health issued a press release stating that, with increased circulation of the highly
transmissible Delta variant, the Department strongly recommends everyone, regardless
of vaccination status, wear masks indoors in public places as a precautionary measure;
and
WHEREAS, on July 8, 2021, the Los Angeles County Department of Public
Health issued a press release noting that it had confirmed a 165% increase of new
cases over the last week, the Delta variant has been the most commonly sequenced
variant in Los Angeles County since the beginning of June now accounting for the
majority of variants of concern identified by labs, and given that slightly under 4 million
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residents in Los Angeles County are not yet vaccinated the risk of increased spread
remains high; and
WHEREAS, on July 10, 2021, the Los Angeles County Department of Public
Health issued a press release noting that transmission of COVID-19 in Los Angeles
County is increasing among younger unvaccinated Los Angeles County residents and
that because of increased intermingling and summer social activities and the circulation
of more variants of concern like the highly transmissible Delta variant, public Health
continues to caution there is increased risk of COVID-19 infection for people who are
not fully vaccinated; and
WHEREAS, on July 13, 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, Seventh, Eighth, Ninth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second
Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth,
Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-
Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh,
and Thirty-Eighty 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, Thirty-First, Corrected
Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, and Thirty-Seventh Supplements, be operative
and remain in effect through July 15, 2021, or any later date expressly stated within the
text of an individual supplement; and
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WHEREAS, on July 14, 2021, the Director of Emergency Services issued a
Thirty-Ninth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which, with specified exceptions,
extended the expiration of prior supplements that remained in place to September 30,
2021 -- exceptions to the extension were the following: Sections 1 and 2 of the
Thirteenth Supplement, issued May 8, 2020, which implemented temporary changes to
the City’s Housing Trust Fund (“HTF”) and Affordable Housing Production Program
(“AHPP”) guidelines, and which were superseded by permanent amendments to the
HTF and AHPP guidelines adopted by Council at its July 13, 2021 meeting; and Section
3 of the Twenty-Sixth Supplement, which authorized the Director of the Community
Services Department to implement temporary guidelines and regulations to permit the
use of City sites for drive-in movie theaters, vehicle-based parades, concerts and other
entertainment events, speakers, tours, and corporate exhibitions – use of City sites for
these purposes returned to being governed by the City’s pre-COVID-19 community
event regulations; and
WHEREAS, on July 16, 2021, the Los Angeles County Department of Public
Health issued a Responding Together at Work and in the Community Beyond the
Blueprint for a Safer Economy, Substantial Transmission -- Encouraging COVID-19
Vaccination Coverage with Moderate Risk Reduction Measures, effective July 17, 2021,
which superseded prior County Health Officer orders, and, noting that community
transmission of COVID-19 had rapidly increased from Low to Substantial in one month,
that cases were increasing and had quadrupled since June 15, 2021, that test positivity
rate and hospitalizations had also dramatically increased, and that community
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transmission was highly likely to increase during the coming days and weeks, required
face masks to be worn by all persons, regardless of vaccination status, while in all
indoor public settings and businesses; and continued to urge everyone, especially those
were are not or cannot be vaccinated against COVID-19, to continue to exercise caution
and good judgment; and
WHEREAS, on July 22, 2021, the Los Angeles County Department of Public
Health issued a Responding Together at Work and in the Community Beyond the
Blueprint for a Safer Economy, Substantial Transmission -- Encouraging COVID-19
Vaccination Coverage with Moderate Risk Reduction Measures, which superseded prior
County Health Officer orders, and was essentially the same as the July 16 County
health Officer Order but clarified that customers, guests, and patrons were not required
to wear a face mask indoors while actively eating or drinking in a stationary place,
receiving a personal care service that required the removal of their mask, or when alone
in a room or office; strongly recommended that all persons at Outdoor Mega-Events
wear a face mask at all times when not seated in their ticketed seat; and clarified that
persons in indoor private office settings need to wear a face mask; and,
WHEREAS, on July 26, 2021, the California Department of Public Health issued
a State Public Health Officer Order, which, noting that the Delta variant which is very
highly contagious and possibly more virulent was currently the most common variant
causing new infections in California, that California was currently experiencing the
fastest increase in COVID-19 cases during the entire pandemic, and that hospitals,
skilled nursing facilities, and other specified health care facilities were particularly high-
risk settings where COVID-19 outbreaks can have severe consequences for vulnerable
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populations, mandated specific public health requirements regarding worker vaccine
status, respirators or masks, and testing requirements for Acute Health Care and Long-
Term Care settings, High-Risk Congregate Settings, and Other Health Care Settings;
and
WHEREAS, on July 27, 2021, the U.S. Centers for Disease Control and
Prevention issued Interim Public Health Recommendations for Fully Vaccinated People,
which, noting preliminary evidence suggesting that fully vaccinated people who do
become infected with the Delta variant can be infectious and can spread the virus to
others, recommended for fully vaccinated people to wear a mask in pubic indoor
settings in areas of substantial or high transmission, added information that fully
vaccinated people might choose to wear a mask regardless of the level of transmission
particularly if they are or have someone in their household who is immunocompromised
or at increased risk for severe disease from COVID-19, recommended that fully
vaccinated people who have a known exposure to someone with suspected or
confirmed COVID-199 be tested 3-5 days after exposure and wear a mask in public
indoor settings for 14 days or until they receive a negative test result, and
recommended universal indoor masking for all teachers, staff, students, and visitors to
schools, regardless of vaccination status; and
WHEREAS, on July 30, 2021, the Los Angeles County Department of Public
Health issued a Responding Together at Work and in the Community Beyond the
Blueprint for a Safer Economy, High Transmission -- Encouraging COVID-19
Vaccination Coverage with Moderate Risk Reduction Measures, effective July 31, 2021,
which superseded prior County Health Officer orders, and, noting that community
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transmission of COVID-19 had rapidly increased from Low to High in one month, that
cases were increasing and had increased by 740% over the past month, that test
positivity rate and hospitalizations had also dramatically increased, that community
transmission was now high and highly likely to increase during the coming days and
weeks, that the Delta variant was predominant in Los Angeles County and was two
times as contagious as earlier COVID-19 variants and continued to lead to increased
infections, and that preliminary evidence suggested that fully vaccinated people who do
become infected with the Delta variant could spread the virus to others, incorporated by
reference the July 26, 2021 State Public Health Officer Order that mandated specific
public health requirements regarding worker vaccine status, respirators or masks, and
testing requirements for Acute Health Care and Long-Term Care settings, High-Risk
Congregate Settings and Other Health Care Settings; and reiterated that because the
County was currently experiencing high rates of COVID-19 community transmission, all
persons, in indoor public and business settings, must wear a face mask regardless of
vaccination status; and
WHEREAS, on August 5, 2021, the California Department of Public Health
issued a State Public Health Officer Order, which, noting that the Delta variant was
highly transmissible and may cause more severe illness, that the Delta variant was
currently the most common variant causing new infections in California, that California
was currently experiencing the fastest increase in COVID-19 cases during the entire
pandemic with case rates increasing ninefold within two months, that unvaccinated
persons are more likely to get infected and spread the virus, and that hospitals, skilled
nursing facilities, and other specified health care facilities were particularly high-risk
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settings where COVID-19 outbreaks can have severe consequences for vulnerable
populations, required all workers who provide services or work in specified Health Care
Facilities to have their first dose of a one-dose vaccine or second dose of a two-dose
vaccine by September 30, 2021; recognized exemptions from the vaccination
requirements only upon providing a declination form signed by the worker stating that
the worker is declining vaccination based on Religious Beliefs or Qualifying Medical
Reasons; and, for workers meeting the requirements for an exemption, requiring weekly
or twice weekly testing and wearing of a surgical mask or higher-level respirator such as
an N95 filtering facepiece respirator; and
WHEREAS, on August 5, 2021, the California Department of Public Health
issued a State Public Health Officer Order, which, noting that the Delta variant was
highly transmissible and may cause more severe illness, that the Delta variant was
currently the most common variant causing new infections in California, that California
was currently experiencing the fastest increase in COVID-19 cases during the entire
pandemic with case rates increasing ninefold within two months, that unvaccinated
persons are more likely to get infected and spread the virus, and that hospitals, skilled
nursing facilities, and other specified health care facilities were particularly high-risk
settings where COVID-19 outbreaks can have severe consequences for vulnerable
populations, required all General Acute Care Hospital, Skilled Nursing Facilities, and
Intermediate Care Facilities to verify that all visitors are fully vaccinated or if not fully
vaccinated verify documentation of a negative SARS-CoV-2 test and require all visitors,
regardless of vaccination status or test result, maintain physical distance and wear a
well-fitting face mask upon entry and at all times within the facility; and
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WHEREAS, on August 12, 2021, the Los Angeles County Department of Public
Health issued a Health Care Worker Vaccination Requirement, which, noting that the
Delta variant had become the dominant strain of the COVID-19 virus in the County, that
this variant is much more contagious than previous strains of COVID-19, that
vaccination against COVID-19 is the most effective means of preventing infection with
the COVID-19 virus with the risk of infection reduced by 70 percent to 95 percent, that
vaccination also appears to reduce the chance of transmission by an infected
vaccinated person by 40 percent to 60 percent, and that the current high rate of COVID-
19 community transmission presents an amplified risk to patients/residents in certain
settings who have a greater risk of negative health outcomes from the transmission of
COVID-19, required all workers who provide services or work in specified Health Care
Facilities or Home Care Settings, including EMTs and EMT-paramedics who provide
prehospital care or patient transport, to have their first dose of a one-dose vaccine or
second dose of a two-dose vaccine by September 30, 2021; recognized exemptions
from the vaccination requirements only upon providing a declination form signed by the
worker stating that the worker is declining vaccination based on Religious Beliefs or
Qualifying Medical Reasons; and, for workers meeting the requirements for an
exemption, requiring weekly or twice weekly testing and wearing of a surgical mask or
higher-level respirator such as an N95 filtering facepiece respirator; and
WHEREAS, on August 16, 2021, the Los Angeles County Department of Public
Health issued a Responding Together at Work and in the Community Beyond the
Blueprint for a Safer Economy, High Transmission -- Encouraging COVID-19
Vaccination Coverage with Moderate Risk Reduction Measures, which superseded prior
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County Health Officer orders, and, noting that existing community transmission of
COVID-19 is increasing and continues to present a high risk of infection and harm to the
health of those who are not or cannot be vaccinated against COVID-19; new variants of
the virus that may spread more easily or cause more severe illness are increasingly
present in our county and remain a high risk for those who are not vaccinated against
COVID-19 in the absence of other community mitigation measures; epidemiologic
evidence demonstrates that the rate of community transmission, hospitalizations and
testing positivity rates have all drastically increased since June 15, 2021; and that
COVID-19 infection remains a significant health hazard to all residents, added
requirements that masks be worn by everyone at outdoor mega-events except while
actively eating or drinking, and defined the latter as being only the limited time during
which the mask can be removed briefly to eat or drink after which it must be
immediately put back on; and
WHEREAS, on August 18, 2021, the California Department of Public Health
issued a public health order, Beyond the Blueprint for Industry and Business Sectors,
which, noting that the Delta variant was highly transmissible and may cause more
severe illness, that the Delta variant was currently the most common variant causing
new infections in California, that California was currently experiencing the fastest
increase in COVID-19 cases during the entire pandemic with case rates increasing
eleven-fold within two months, and that given the rapid spread of the highly
transmissible Delta variant additional precautionary measures must be taken in large,
indoor events, which have the potential to cause large, substantial, and severe
outbreaks, applied vaccine verification or negative testing requirements to Indoor Mega
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Events involving 1,000 or more participants; removed self-attestation as a mode for both
vaccine verification and for verification of negative COVID-19 test for indoor events
scheduled after September 20, 2021; and specified that the updated measures would
remain in place until November 1, 2021; and
WHEREAS, on August 23, 2021, the Los Angeles County Department of Public
Health issued a Responding Together at Work and in the Community Beyond the
Blueprint for a Safer Economy, High Transmission -- Encouraging COVID-19
Vaccination Coverage with Moderate Risk Reduction Measures, which superseded prior
County Health Officer orders, and, noting that existing community transmission of
COVID-19 is increasing and continues to present a high risk of infection and harm to the
health of those who are not or cannot be vaccinated against COVID-19; new variants of
the virus that may spread more easily or cause more severe illness are increasingly
present in our county and remain a high risk for those who are not vaccinated against
COVID-19 in the absence of other community mitigation measures; epidemiologic
evidence demonstrates that the rate of community transmission, hospitalizations and
testing positivity rates have all drastically increased since June 15, 2021; and that
COVID-19 infection remains a significant health hazard to all residents, aligned with the
State Public Health Officer’s August 18, 2021 order regarding Indoor Mega Events and
required specific infection control protocols for Youth Sports effective September 1,
2021; and
WHEREAS, on August 23, 2021, the City Manager, noting that the Los Angeles
County Department of Public Health’s August 16, 2021 health order recognized that
since June 15, 2021 community transmission of COVID-19 in Los Angeles County has
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rapidly increased from low to high; the Delta variant is predominant in Los Angeles
County, is two times more contagious than earlier COVID-19 variants, and continues to
lead to increased infections; and the currently authorized vaccines remain the best form
of protection against COVID-19, imposed a vaccination requirement under which all City
employees and volunteers, all members of City Boards, Commissions, and Task
Forces, and specified City contractors, must receive at least one dose of a COVID -19
vaccine or request an exemption no later than September 17, 2021, and, in the absence
of an exemption, be fully vaccinated for COVID-19 by no later than October 29, 2021;
and
WHEREAS, on August 24, 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, Seventh, Eighth, Ninth, Twelfth,
Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth,
Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-
Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-
Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh,
Thirty-Eighth, and Thirty-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, Thirty-First,
Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, and Thirty-Ninth
Supplements, be operative and remain in effect through September 30, 2021, or any
later date expressly stated within the text of an individual supplement; and
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WHEREAS, on September 17, 2021, the Los Angeles County Department of
Public Health issued a Responding Together at Work and in the Community Beyond the
Blueprint for a Safer Economy, High Transmission -- Encouraging COVID-19
Vaccination Coverage with Moderate Risk Reduction Measures, effective October 7,
2021, which superseded prior County Health Officer orders, and, noting that existing
community transmission of COVID-19 remains high and continues to present a high risk
of infection and harm to the health of those who are not or cannot be vaccinated against
COVID-19; new variants of the virus that may spread more easily or cause more severe
illness are increasingly present in our county and remain a high risk for those who are
not vaccinated against COVID-19 in the absence of other community mitigation
measures; epidemiologic evidence demonstrates that the rate of community
transmission, hospitalizations and testing positivity rates have all drastically increased
since June 15, 2021; and that COVID-19 infection remains a significant health hazard to
all residents, aligned with the State’s September 8, 2021 definition of outdoor mega
events; beginning October 7, 2021 required all attendees ages 12 and over at outdoor
mega events involving 10,000 or more persons to present, prior to entry, proof of full
vaccination against COVID-19 or a pre-entry negative COVID-19 diagnostic test;
beginning October 7, 2021 required bars, breweries, wineries, distilleries, nightclubs
and lounges for indoor service and operations to verify the COVID-19 vaccination status
of their patrons and employees; and strongly recommended that beginning October 7,
2021 the operators of all restaurants and food facilities reserve and prioritize indoor
seating for those who are fully vaccinated against COVID-19; and
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WHEREAS, on September 28, 2021, the Los Angeles County Department of
Public Health issued a Responding Together at Work and in the Community Beyond the
Blueprint for a Safer Economy, High Transmission -- Encouraging COVID-19
Vaccination Coverage with Moderate Risk Reduction Measures, effective October 7,
2021, which superseded prior County Health Officer orders, and, noting that existing
community transmission of COVID-19 remains high and continues to present a high risk
of infection and harm to the health of those who are not or cannot be vaccinated against
COVID-19; new variants of the virus that may spread more easily or cause more severe
illness are increasingly present in our county and remain a high risk for those who are
not vaccinated against COVID-19 in the absence of other community mitigation
measures; epidemiologic evidence demonstrates that the rate of community
transmission, hospitalizations and testing positivity rates have all drastically increased
since June 15, 2021; and that COVID-19 infection remains a significant health hazard to
all residents, clarified that starting November 1, 2021, operators of Outdoor Mega
Events are required to cross-check proof of full vaccination or negative COVID-19 viral
test result against a photo identification for all attendees who are 18 years of age or
older; and
WHEREAS, on September 28, 2021, the Director of Emergency Services issued
a Fortieth Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which extended the expiration of prior
supplements that remained in place to October 31, 2021; and
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WHEREAS, as of September 28, 2021, the Los Angeles County Department of
Public Health has confirmed 1,456,275 cases of COVID-19 in Los Angeles County and
has continued to advise that public health measures in addition to vaccination remain
required to prevent the further spread of COVID-19; and
WHEREAS, on October 12, 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, Seventh, Eighth, Ninth, Twelfth,
Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth,
Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-
Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-
Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh,
Thirty-Eighth, and Thirty-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, Thirty-First,
Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth and
Fortieth Supplements, be operative and remain in effect through October 31, 2021 or
any later date expressly stated within the text of an individual supplement; and
WHEREAS, on October 29, 2021, the Director of Emergency Services issued a
Forty-First Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which extended the expiration of prior
supplements that remained in place to January 31, 2022; and
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WHEREAS the findings included in each Executive Order and Supplement to the
Executive Order referenced herein are included herein as if stated in full; and
WHEREAS the Centers for Disease Control and Prevention, the California
Department of Public Health, and the Los Angeles County Department of Public Health
have issued public health recommendations that continue to include public health
precautions in addition to vaccination 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,
March 23, effective May 22, July 13, August 24, 2021, and October 12, 2021, the City
Council finds that as of December 7, 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 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.
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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.
SECTION 6. The Seventh Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 7. The Eighth 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 8. The Ninth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 9. The Twelfth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 10.The Thirteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 11. The Fifteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 12. The Sixteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 13. The Seventeenth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 14. 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 15. The Nineteenth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 16. 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.
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SECTION 17. 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 18. 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 19. The Twenty-Fourth 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-Fifth 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-Sixth 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-Seventh Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 23. The Twenty-Eighth 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 24. 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 25. 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 26. The Thirty-Second Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 27. The Thirty-Third Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 28. The Corrected Thirty-Fourth 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-Fifth 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-Sixth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 31. The Thirty-Seventh 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 32. The Thirty-Eighth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 33. The Thirty-Ninth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 34. The Fortieth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 35. The Forty-First Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency (Exhibit C) is hereby
ratified.
SECTION 36. 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 37. The City Council authorizes the City Manager, in his capacity as the
Director of Emergency Services, to take all actions related to the protection of life and
property that are reasonably necessary to respond to the local emergency caused by the
spread of COVID-19.
SECTION 38. 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
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review the need to continue the state of emergency every 60 days until this resolution is
terminated.
SECTION 39. The Fifth Revised First, Revised Fourth, Revised Fifth, Seventh,
Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised
Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third,
Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-
Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth,
Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, and Forty-First
Supplements to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency shall, except for those portions of earlier supplements
that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-
Fifth, Thirty-Sixth, Thirty-Seventh, and Thirty-Ninth Supplements, remain in effect until
January 31, 2022, 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 40. 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 or Corrected Supplement to the Executive Order. The City Council hereby
declares that it would have passed this Resolution, the Executive Order, and any
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Supplement or Revised or Corrected 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 or Corrected Supplement to the Executive Order
would be subsequently declared invalid or unconstitutional.
SECTION 41. 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:
_________________________
JOSEPH LAWRENCE
Interim City Attorney
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Adopted and approved this 7th day of December 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11387 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 7th day of December 2021, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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