R114031
City Council Meeting: March 8, 2022 Santa Monica, California
RESOLUTION NUMBER 11403 (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”) proclaimed the existence of a
local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to
ensure the availability of mutual aid and an effective the City’s response to COVID-19
and this local emergency was restated on March 14, 2020, through a revised
declaration of local emergency to ensure compliance with all digital signature
requirements (the “Executive Order”); 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 (“Health Officer
Order”) that imposed various restrictions on gatherings, closure of certain businesses,
and certain social distancing measures, and
WHEREAS, since March 16, 2020, the Los Angeles County Department of Public
Health has on multiple occasions amended and modified its Health Officer Order, and,
as of the date of this Order, a Health Officer Order remains in effect, which requires
various measures to reduce the spread of COVID-19; and
WHEREAS, since the Director of Emergency Services issued the Executive
Order on March 13, 2020, the Director of Emergency Services has issued 41 separate
supplements to the Executive Order; and
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WHEREAS, on multiple occasions since the Director of Emergency Services
issued the Executive Order on March 13, 2020, the City Council ratified the
proclamation of local emergency made by the Director of Emergency Services; most
recently, on December 7, 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, Thirty-Ninth, Fortieth, and Forty-First Supplements thereto; resolved that
the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the supplements being ratified above
shall, 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
January 31, 2022, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, on January 27, 2022, the Director of Emergency Services issued a
Forty-Second 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 this Order through the termination of the County
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Health Officer Order, including any amendments and successors thereto, or June 30,
2022, whichever occurs earlier; and
WHEREAS the findings included in each Executive Order and Supplement to the
Executive Order referenced herein are included herein as if stated in full; and
WHEREAS the Centers for Disease Control and Prevention, the California
Department of Public Health, and the Los Angeles County Department of Public Health
have issued public health recommendations that 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, October 12, 2021, and December
7, 2021, the City Council finds that as of March 8, 2022, 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 is hereby ratified.
SECTION 36.The Forty-Second Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency (Exhibit C) is
hereby ratified.
SECTION 37. 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 38. 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.
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SECTION 39. The local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council. As required by law, the City Council shall
review the need to continue the state of emergency every 60 days until this resolution is
terminated.
SECTION 40. 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, Forty-First, and Forty-
Second Supplements to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency shall, except for those portions of earlier
supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-
Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, and Thirty-Ninth Supplements, shall
remain in effect until to June 30, 2022 or the termination of the County Health Officer
Order, whichever occurs first, 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 41. 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
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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
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 42. 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 8th day of March 2022.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11403 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 8th day of March 2022, 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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