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R114221 City Council Meeting: May 24, 2022 Santa Monica, California RESOLUTION NUMBER 11422 (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 actions DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 2 already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on, before, and after March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and WHEREAS, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) 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 DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 3 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 42 separate supplements to the Executive Order; and 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 March 8, 2022, 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, Forty-First, and Forty-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, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty- Seventh, and Thirty-Ninth Supplements, be operative and remain in effect through June 30, 2022, or DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 4 the termination of the County Health Officer Order, whichever occurs first, or any later date expressly stated within the text of an individual supplement; 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, October 12, and December 7, 2021, and March 8, 2022, the City Council finds that as of May 7, 2022, and continuing past that date, 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 DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 5 Municipal Code to ratify the actions of the Director of Emergency Services related to the protection of life and property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Executive Order”) (Exhibit A) is hereby ratified. SECTION 2. The Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (Exhibit B) is hereby ratified. SECTION 3. The Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 4. The Revised Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 5. The Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. 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. DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 6 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. 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. DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 7 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. 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. DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 8 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. 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. DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 9 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. SECTION 32. 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 33. The Fortieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 34. 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 35. 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. DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 10 SECTION 36. It is hereby proclaimed that a local emergency now exists, and as of May 7, 2022 existed, 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 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-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 DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 11 Thirty- Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, and Forty- Second Supplements, shall remain in effect until 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 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 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. / / / / / / DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F 12 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: _________________________ SUSAN COLA Interim City Attorney DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F Adopted and approved this 24th day of May 2022. _____________________________ Kristin McCowan, Mayor Pro Tem I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11422 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 24th day of May 2022, by the following vote: AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra, Mayor Pro Tem McCowan NOES: None ABSENT: Mayor Himmelrich ATTEST: _____________________________________ Denise Anderson-Warren, City Clerk DocuSign Envelope ID: 10B9CF1D-AD1F-42D8-BC02-7D77C28AA19F