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SR 12-15-2020 3L City Council Report City Council Meeting: December 15, 2020 Agenda Item: 3.L 1 of 21 To: Mayor and City Council From: George Cardona, Interim City Attorney, City Attorney's Office, Municipal Law Subject: Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Supplements Recommended Action Staff recommends that Council adopt the proposed resolution ratifying the Executive Order issued by the Director of Emergency Services declaring the existence of a local emergency in the city of Santa Monica and the Supplements to that Order. Executive Summary In response to Federal, State and County official and health agency guidance, on behalf of the City, the City Manager declared a Local Emergency on March 13 due to the COVID-19 global pandemic. Council initially ratified the Proclamation of Local Emergency on March 19, 2020 and re-ratified it on April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, and October 27, 2020. As the City’s Director of Emergency Services, the City Manager has issued a total of 29 supplements to the Executive Order, with specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses and visitors. All supplements to the Executive Order must be ratified by the City Council as soon as practicable, and the existence of a local emergency must be confirmed by the City Council at least every sixty days. This staff report recommends re-ratifying the Proclamation of Local Emergency, all of the previously ratified supplements that remain in effect, and the two additional supplements issued since October 27, 2020. Discussion The novel coronavirus (“COVID-19”) has spread across the globe since the first cases were reported in January. The Centers for Disease Control and Prevention stated that 3.L Packet Pg. 218 2 of 21 certain populations are at particular risk from COVID-19 and that widespread transmission would result in large numbers of people needing medical care at the same time, affecting our healthcare systems and other critical infrastructure. The World Health Organization (WHO) described the outbreak as a “public health emergency of international concern” on January 30. Since that time, the virus has spread from China to every continent but Antarctica. In response, federal, state and local authorities began to take action. On March 4, Governor Newsom declared a state of emergency to make additional resources available, formalize emergency actions already underway and help the State prepare for the broader spread of COVID-19. That same day, 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. WHO upgraded COVID-19 to a pandemic on March 11, 2020. On March 13, the City of Santa Monica issued a local emergency proclamation in response to the COVID-19 public health emergency (Exhibit A) and a revised local emergency proclamation to comport with all digital signature requirements (Exhibit B). The proclamation enhanced the City’s ability to access federal and state dollars for COVID-19 response. On March 19, the Council ratified the declaration of local emergency, along with five supplements to the emergency proclamation to: • place a temporary moratorium on evictions for non-payment of rent by residential and commercial tenants impacted by COVID-19 and to prohibit Ellis Act evictions during the local emergency - First Supplement as revised, issued March 18; • close the Pier to the general public – Second Supplement, issued March 15 (subsequently superseded and replaced by the Second Revised Eighteenth Supplement as discussed below); 3.L Packet Pg. 219 3 of 21 • close dine-in restaurants, bars, movie theaters, gyms and fitness centers, and businesses providing physical and beauty services, such as spas and hair salons – Third Supplement, issued March 16 (subsequently superseded and replaced by the Seventeenth Supplement discussed below); • permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts, extend interim zoning ordinances, and suspend preferential parking rules and parking citations for street sweeping - Fourth Supplement, as revised, issued March 17 (Exhibit D) (portions subsequently superseded and replaced by the Fifteenth and Second Revised Eighteenth Supplements as discussed below); and • implement rear-door boarding and suspend customer fees on the Big Blue Bus; suspend discontinuation or shut-off of water services for residents and businesses; suspend late payment penalties for water, sewer, parking, refuse, and recycling, CUPA, and Fire Prevention inspection bills and fees; suspend late payment penalties for Transient Occupancy Taxes, Utility User Taxes, and Parking Facility Taxes; suspend parking restrictions in green zones; suspend vehicle towing for abandoned vehicles, expired registrations, and delinquent parking citations; and suspend penalty assessments related to business licenses and business improvement districts - Fifth Supplement as revised, issued March 18 (Exhibit E) (portions not extended by the Nineteenth Supplement and portions subsequently superseded and replaced by the Twenty-Sixth Supplement as discussed below). On April 6, the Council again ratified the declaration of local emergency, along with the original five supplements and five additional supplements to: • suspend labor negotiations scheduled to occur so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining; suspend 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; suspend certain 3.L Packet Pg. 220 4 of 21 requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and state that certain additional appointments will be subject to a probationary period - Sixth Supplement, issued March 20 (Exhibit F); • align City requirements and regulations 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 – Seventh Supplement, issued March 21 (Exhibit G); • adopt as rules and regulations of the City the Governor’s “Stay at Home Order” and the Los Angeles County Department of Public Health’s “Safer at Home Order” and any successors thereto; make clear that, should the two conflict, the stricter order shall apply; and authorizing the City to issue administrative citations to enforce this and previously issued supplements to its emergency declaration – Eighth Supplement, issued March 22 (Exhibit H); • close certain City facilities; waive late payment fees for City leases and licenses during the effective period of the order; suspend rent payments for City tenants on the Santa Monica Pier for the month of April; suspend outdoor dining licenses and outdoor dining license payments for City licensees for the month of April; grant the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California; authorize the City to delay responses and productions of records in response to public record requests under specified circumstances; and extend by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020 – Ninth Supplement, issued March 27 (Exhibit I) (portions subsequently superseded and replaced by the Third Revised Eighteenth Supplement and Twenty-Sixth Supplement as discussed below); and 3.L Packet Pg. 221 5 of 21 • require 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; direct that, if construction is taking place within an occupied residential building, steps must be taken to minimize contact with areas within the building but not within the construction site and to clean and sanitize those areas regularly; authorize 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 supplement; and authorize the City to enforcement these provisions through the issuance of administrative citations – Tenth Supplement, issued April 1 (Exhibit J). On April 14, the Council again ratified the declaration of local emergency and supplements two through ten, and ratified a second revision to the first supplement and one additional supplement to: • require 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 encourage but not require all residents of the City to wear face coverings when they go outdoors to obtain essential services and goods – Eleventh Supplement, issued April 8 (subsequently superseded and replaced by the Twentieth Supplement as discussed below); and • broaden the eviction moratorium by requiring landlords, beginning April 24, to provide tenants with notice of the eviction moratorium in specified ways; preventing landlords from evicting residential tenants in any no-fault eviction or based on the presence of unauthorized occupants or pets or nuisance 3.L Packet Pg. 222 6 of 21 related to COVID-19 unless the nuisance endangers or impairs the health or safety of a tenant or other persons in the vicinity of the premises or causes or threatens to cause substantial damage to the premises; and preventing landlords from using the eviction process to seek rent delayed by the moratorium if the landlord has already obtained compensation for the unpaid rent, through federal or state government relief funds or other programs that provide such compensation; and increasing the maximum civil penalty for landlords who violate the City’s Tenant Harassment Ordinance during the moratorium period from $10,000 to $15,000 – Second Revised First Supplement, issued April 8. On May 12, the Council again ratified the declaration of local emergency and supplements two through eleven, and ratified a third and fourth revision to the first supplement and two additional supplements to: • suspend deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permit lodging establishments operating as hotels and motels under City zoning rules to allow stays of greater than 30 days; and waive the City’s rule barring 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 – Twelfth Supplement, issued April 24 (Exhibit K) (portions subsequently superseded and replaced by the Second Revised Eighteenth Supplement as discussed below); • extend the eviction moratorium to June 30 and further modify it to: limit the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; make 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 3.L Packet Pg. 223 7 of 21 related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extend the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months – Third Revised First Supplement, issued April 30; • restate the eviction moratorium and modify it to: define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non-retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order – Fourth Revised First Supplement, issued May 8; and • 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; in accordance with the Governor’s Executive Order suspending similar 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 extend to July 1, 2020 the expiration of Fire Department annual permits of operation; and limit to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, 3.L Packet Pg. 224 8 of 21 sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction – Thirteenth Supplement, issued May 8 (Exhibit L). On May 26, 2020, the Council again ratified the declaration of local emergency, the fourth revised first supplement, and supplements two through thirteen, and ratified three additional supplements to: • extend 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 require 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 – Fourteenth Supplement, issued May 14 (subsequently superseded and replaced by the Nineteenth and Twentieth Supplements as discussed below); • authorize enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorize 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 – Fifteenth Supplement, issued May 15 (Exhibit M); and • authorize 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 impose, effective 3.L Packet Pg. 225 9 of 21 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 – Sixteenth Supplement, issued May 19 (Exhibit N). On June 9, 2020, the Council again ratified the declaration of local emergency, the fourth revised first supplement, and supplements two and four through sixteen, and ratified two additional supplements to: • supersede and replace 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 continue to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours – Seventeenth Supplement, issued May 29, 2020 (Exhibit O); and • Authorize 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; supersede and replace Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and supersede and replace 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 – Eighteenth Supplement, issued May 29, 2020. On June 23, 2020, the Council again ratified the declaration of local emergency, the second supplement, and supplements four through seventeen, and ratified two additional revised supplements to: 3.L Packet Pg. 226 10 of 21 • modify, and supersede and replace, 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 -- First Revised Eighteenth Supplement, issued June 5, 2020; and • supersede and replace the fourth revised first supplement to modify the eviction moratorium; tor residential tenants, the supplement extends the period for which unpaid rent will be subject to the existing eviction moratorium through July 31, 2020; for commercial tenants, the supplement substantially modifies the eviction moratorium: o The supplement defines three categories of commercial tenants, each of which receives varying protections. o The protections provided by the supplement do not apply to a commercial tenant 3, which the supplement defines as a commercial tenant, other than a non-profit, that is: (1) a publicly traded company; (2) a business that (together with its affiliates) employees more than 100 employees, has average annual gross receipts of more than $15 million over the previous three years, or has business operations, other than sales conducted solely through online channels, in three or more countries; or (3) is a business that receives a guarantee of rent from one of the first two types of businesses. Any protections a commercial tenant 3 may have received under prior versions of the supplement terminate as of June 30, 2020, meaning that a commercial tenant 3 will need to repay any unpaid rent by June 30, 2020. o The protections provided by the supplement also do not apply to a commercial tenant 2, which the supplement defines as a commercial tenant (other than a commercial tenant 3) in office work space that is not a non-profit, does not collect sales tax on greater than 50% of its revenue, does not provide medical, dental, veterinary, fitness, educational, or child, 3.L Packet Pg. 227 11 of 21 marriage, family, mental health, or substance abuse counseling services, and does not use the office work space to engage primarily in a “substantially limited business.” The supplement defines a substantially limited business by reference to County public health orders as: (1) restaurants, retail business, hair salons and barbershops, fitness facilities, and museums, galleries, and other exhibition spaces that closed or substantially limited their operations as required by the County Safer at Home orders and whose reopening remains subject to substantial limitations as the result of protocols imposed by the County’s June 11 Reopening Order; and (2) higher-risk businesses that remain closed as required by the County’s June 11 Reopening Order. Any protections a commercial tenant 2 who provided the required notice and documentation may have received under prior versions of the supplement are extended to July 31, 2020, but terminate as of that date, meaning that a commercial tenant 2 will need to repay any unpaid rent by, at the latest, August 31, 2020 – First Revised Eighteenth Supplement, issued June 5, 2020; and o For a commercial tenant 1, which the supplement defines as any commercial tenant other than a commercial tenant 2 or 3, the Order extends the period for which unpaid rent is subject to the existing eviction moratorium through July 31, 2020. The supplement also changes the documentation requirements for a commercial tenant 1 not engaged in a substantially limited business (as defined above), requiring that, to qualify for the protections of the supplement going forward, the tenant submit doucumentation to establish that, as a result of COVID-19, the tenant has suffered a substantial loss of income or substantial increase in expenses that has materially negatively affected the tenant’s ability to pay rent. o The supplement also encourages 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. See Fifith Revised First Supplement, issued June 17, 2020. (Exhibit C) 3.L Packet Pg. 228 12 of 21 On July 14, 2020, the Council again ratified the declaration of local emergency, the fifth revised first supplement, the revised fourth and revised fifth supplements, supplements six through ten, supplements twelve and thirteen, and supplements fifteen through seventeen, and ratified four additional supplements to: • modify the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of Economic Development for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary parklets for business activities and outdoor dining in on- street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and specify that for compliance with certain specified mandatory seismic retrofitting requirements, the two-year extension for planning, review, and permit-related actions applies only if an application was pending as of March 13, 2020 or submitted between March 13, 2020 and 3.L Packet Pg. 229 13 of 21 the expiration of the Order -- Second Revised Eighteenth Supplement, issued June 23, 2020; • extend 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 -- Nineteenth Supplement, issued June 29, 2020 (Exhibit Q); • supersede and replace 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 authorize administrative citations with specified administrative fines for both individuals and businesses -- Twentieth Supplement, issued July 1, 2020; and • supersede and replace the Twenty-First Supplement (issued July 8, 2020) to reduce the potential COVID-19 risks posed by the need to gather original 3.L Packet Pg. 230 14 of 21 nominating signatures by 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 60 and waiving the $1 fee for each set of nomination papers over the first two sets – Revised Twenty-First Supplement, issued July 9, 2020. On July 28, 2020, the Council again ratified the declaration of local emergency, the fifth revised first supplement, the revised fourth and revised fifth supplements, supplements six through ten, supplements twelve and thirteen, supplements fifteen through seventeen, the second revised eighteenth supplement, and the nineteenth supplement, and ratified three additional supplements, two of which superseded and replaced earlier supplements, to: • supersede and replace the Revised Twenty-First Supplement to further reduce 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 waive the $1 fee for each set of nomination papers over the first two sets – Second Revised Twenty-First Supplement, issued July 10, 2020 (Exhibit S); • supersede and replace the Twentieth Supplement to further clarify the requirement that all persons must wear face coverings whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private spaces, including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; clarify that having a face covering visible and immediately ready to put on whenever within 30 feet of another non-household member is intended to satisfy the face covering requirement when walking, running, biking, or otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited inquiries to those asserting exemptions from the face covering because of medical condition, mental health condition, or 3.L Packet Pg. 231 15 of 21 disability to prevent fraudulent assertions of such exemptions – First Revised Twentieth Supplement, issued July 15, 2020 (Exhibit R); and • extend the eviction moratorium for residential tenants implemented by the Fifth Revised First Supplement to September 30, 2020, and extend the eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement to August 31, 2020 – Twenty-Second Supplement, issued July 15, 2020 (Exhibit T). On September 8, 2020, the Council again ratified the declaration of local emergency, the fifth revised first supplement, the revised fourth and revised fifth supplements, supplements six through ten, supplements twelve and thirteen, supplements fifteen through seventeen, the nineteenth supplement, the first revised twentieth supplement, the second revised twenty-first supplement, and the twenty-second supplement, and ratified three additional supplements, one of which superseded and replaced an earlier supplement, to: • subject to the exceptions stated in Section 2 of the Nineteenth Supplement, extend 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 – Twenty-Third Supplement, issued July 28, 2020 (Exhibit U). • supersede and replace 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 3.L Packet Pg. 232 16 of 21 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 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 – Third Revised Eighteenth Supplement, issued August 22, 2020 (Exhibit P). • make 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; extend 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, extend 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 extend the suspensions of the discontinuation or shut off of water service for non-payment of water or sewer bills and of late payment penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling collections bills, as originally implemented by Sections 2, 3(a), and 3.L Packet Pg. 233 17 of 21 3(c) of the Revised Fifth Supplement, through December 31, 2020 – Twenty- Fourth Supplement, issued August 24, 2020 (Exhibit V). On October 27, 2020, the Council again ratified the declaration of local emergency, the fifth revised first supplement, the revised fourth and revised fifth supplements, supplements six through ten, supplements twelve and thirteen, supplements fifteen through seventeen, the third-revised eighteenth supplement, the nineteenth supplement, the first revised twentieth supplement, the second revised twenty-first supplement, and supplements twenty-two through twenty four, and ratified three additional supplements that: • permitted the Housing Commission and Architectural Review Board to conduct certain meetings for identified purposes – Twenty-Fifth Supplement, issued September 10, 2020 (Exhibit W). • 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 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 3.L Packet Pg. 234 18 of 21 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 – Twenty-Sixth Supplement, issued September 18, 2020 (Exhibit X). • 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 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 – Twenty- Seventh Supplement, issued October 7, 2020 (Exhibit Y); 3.L Packet Pg. 235 19 of 21 The Director of Emergency Operations has issued two additional supplements since October 27, 2020: 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 $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 – Twenty-Eighth Supplement, issued November 23, 2020 (Exhibit Z). 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 3.L Packet Pg. 236 20 of 21 on evictions of residential tenants for reasons other than nonpayment of rent; extended to January 31, 2021, the moratorium on evictions of commercial tenant 1s (as defined in the Fifth Revised First Supplement) for nonpayment of rent, subject to the limitation the moratorium would apply to certain commercial tenant 1s only if they paid 50% of rent due for certain periods after September 30, 2020; extended to January 31, 2021, the authorization for expanded temporary curbside pickup zones; authorized the Housing Commission to meet to review and make recommendations regarding the update to the City’s Housing Element; and suspended through March 31, 2021 late payment penalties for unpaid or delinquent Transient Occupancy Taxes collected by hotels for periods beginning on or after November 1, 2020 (an earlier suspension of such penalties expired as of June 30, 2020) – Twenty-Ninth Supplement, issued November 30, 2020 (Exhibit AA). The emergency proclamation and its supplements were issued by the City Manager and Interim City Manager as the Director of Emergency Operations, under authority of Santa Monica Municipal Code 2.16.060. These orders must be ratified by the City Council as soon as practicable to remain in effect. Council has previously approved resolutions on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, and October 27, 2020 ratifying the earlier supplements. Staff recommends, however, that there be a single resolution reflecting ratification of the emergency proclamation and all supplements, so the emergency proclamation and all of the supplements that will remain in place are again included for re-ratification in the current proposed resolution. Staff now request that Council adopt the attached resolution ratifying the Executive Order, and 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 Supplemental Orders, issued by the Director of Emergency Services declaring the existence of a local emergency in the City of Santa Monica and authorizing specified actions in response to that local emergency. 3.L Packet Pg. 237 21 of 21 Fiscal Impacts None. Prepared By: Bradley Michaud, Legal Operations Coordinator Approved Forwarded to Council Attachments: A. !CMO-Res-EmergencyRatification11-COVID-20201215 B. A-20200313.SM.Proclamation - Local Emergency C. B-20200314.SM.Revised_Proclamation D. C-20200617.Fifth_Revised_First_Sup-Local Emergency E. D-20200317.Revised_Supplement_4_-_Local Emergency F. E-20200318.Revised_Supplement_5_-_Local Emergency G. F-20200320.Supplement_6_-_Local_Emergency H. G-20200321.Supplement_7_-_Local_Emergency I. H-20200322.Supplement_8_-_Local_Emergency J. I-20200327.Supplement_9_-_Local_Emergency K. J-20200401.Supplement_10_Local_Emergency L. K-20200424.Supplement_12_Local Emergency M. L-20200508.Supplement_13_Local_Emergency N. M-20200515.Supplement_15_Local_Emergency O. N-20200519.Supplement_16_Local_Emergency P. O-20200529.Supplement 17 - Local Emergency Q. P-20200818.3rd_Revised_18th_Supplement R. Q-20200629.Supplement_19_-_Local_Emergency S. R-20200715.1st_Revised_Supplement_20__Local_Emergency T. S-20200710.Second_Revised_Twenty-First Supplement U. T-20200715.Supplement_22_-_Local_Emergency V. U-20200728.Supplement_23_-_Local_Emergency W. V-20200824.Supplement_24_-_Local_Emergency X. W-20200910.Supplement_25_-_Local_Emergency Y. X-20200918.Supplement_26_-_Local_Emergency Z. Y-20201007.Supplement_27_-_Local_Emergency AA. Z-20201124.Supplement_28_-_Local_Emergency_-_COVID BB. AA-20201130.Supplement_29_-_Local_Emergency_-_COVID 3.L Packet Pg. 238 1 City Council Meeting: December 15, 2020 Santa Monica, California RESOLUTION NUMBER _________ (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 3.L.a Packet Pg. 239 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 2 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 3.L.a Packet Pg. 240 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 3 WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (“Revised Executive Order”) (“Exhibit B”); and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“First Supplement to the Executive Order”) placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills and the imposition of late payment penalties or fees for delinquent water and/or sewer bills and parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a Second Supplement to the Executive Order of the Director of Emergency Services 3.L.a Packet Pg. 241 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 4 Declaring the Existence of a Local Emergency (“Second Supplement to the Executive Order”) (since superseded by the Second Revised Eighteenth Supplement to the Executive Order issued June 23, 2020) temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Third Supplement to the Executive Order”) (since superseded by the Seventeenth Supplement to the Executive Order issued May 29, 2020) that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on- premises; and 3.L.a Packet Pg. 242 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 5 WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Fourth Supplement to the Executive Order”), which was expressly withdrawn and restated on March 17, 2020 in the Revised Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Revised Fourth Supplement to the Executive Order”) (“Exhibit D”); and WHEREAS, on March 17, 2020, the Director of Emergency Services issued the Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N-25-20 to suspend and waive certain provisions of state and local law, 3.L.a Packet Pg. 243 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 6 including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Revised First Supplement to the Executive Order”) prohibiting residential or commercial evictions for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19 or for a no-fault eviction if any member of the household is sick, in isolation, or under quarantine, and prohibiting the removal of any residential rental unit from the rental market pursuant to the Ellis Act during the local emergency; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Fifth Supplement to the Executive Order”), which was expressly withdrawn and restated on March 18, 2020 in the Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Revised Fifth Supplement to the Executive Order”) (“Exhibit E”); and WHEREAS, on March 18, 2020, the Director of Emergency Services issued the Revised Fifth Supplement to the Executive Order implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares 3.L.a Packet Pg. 244 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 7 on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions in green parking zones and suspending towing related to delinquent parking citations, abandoned vehicles, and expired registration; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Executive Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and 3.L.a Packet Pg. 245 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 8 WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit F”) suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit G”) aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, 3.L.a Packet Pg. 246 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 9 closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit H”) adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and, WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike paths that traverse the sanded portion of the beach, and beach access points; and 3.L.a Packet Pg. 247 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 10 WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit I”) closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit J”): (1) requiring the following of all construction projects -- (a) handwashing facilities or hand sanitizer to be installed at entrances to construction projects, (b) shared tools and equipment to be sanitized, (c) 3.L.a Packet Pg. 248 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 11 posting signage instructing workers of the social distancing and sanitation requirements and entrance limitations for ill workers or those in recent close contact with someone diagnosed with COVID-19, and (d) workers not to gather in groups larger than three during breaks and to maintain a six-foot social distance during such breaks; (2) directing that, if construction is taking place within an occupied residential building, steps must be taken to minimize contact with areas within the building but not within the construction site and to clean and sanitize those areas regularly; (3) authorizing the Building Officer to issue a stop work order at any construction site operating in violation of the Governor’s “Stay at Home” Order, the County Department of Public Health’s “Safer at Home” Order or the requirements of the Tenth Supplement; and (4) authorizing the City to issue administrative citations to enforce the provisions of the Tenth Supplement; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth 3.L.a Packet Pg. 249 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 12 Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (since superseded by the Twentieth Supplement issued July 1, 2020) requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders 3.L.a Packet Pg. 250 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 13 and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 18, 2020, the City Council appointed an Interim City Manager who, pursuant to that appointment, assumed the position of Director of Emergency Services; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit K”) tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of 3.L.a Packet Pg. 251 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 14 greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspended SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and added language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and 3.L.a Packet Pg. 252 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 15 WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions mad via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of non-retail commercial tenants consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that for non-retail commercial tenants the eviction moratorium will extend only 30 days after the expiration of the Order; and specify that, 3.L.a Packet Pg. 253 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 16 with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge interest on that unpaid rent for a period of 12 months after the expiration of the Order for residential tenants, for a period of 90 days after the expiration of the Order for commercial tenants, and for the duration of the Order for non-retail commercial tenants; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit L”) incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons and, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and setting time limits on the conduct of loud construction activities and authorizing the City to issue administrative citations to enforce those time limits; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved 3.L.a Packet Pg. 254 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 17 that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, and May 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to- person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; and permitted the reopening of beaches for limited solo recreational activities, while retaining closures of beach parking lots, beach bike paths, and piers; and 3.L.a Packet Pg. 255 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 18 WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (since superseded by the Nineteenth Supplement issued June 29, 2020 and the Twentieth Supplement issued July 1, 2020) extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non-household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit M”) authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and 3.L.a Packet Pg. 256 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 19 authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit N”) authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; 3.L.a Packet Pg. 257 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 20 continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to- person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower-Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, 3.L.a Packet Pg. 258 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 21 Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Sixteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to- 3.L.a Packet Pg. 259 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 22 person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office- based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 29, 2020, the 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 3.L.a Packet Pg. 260 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 23 substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a 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 (“Exhibit O”) superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private 3.L.a Packet Pg. 261 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 24 open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County safer at home order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the Eighteenth Supplement by extending the authorization for temporary outdoor dining to adjacent private spaces not owned by a restaurant and sidewalk areas in front of adjacent buildings, both with the consent of the owner; and adding authorizations for the Finance Director to grant extension of the delinquency date for business license renewals by two months from September 1 to November 1, 2020; and 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: 3.L.a Packet Pg. 262 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 25 permitted the reopening of the following additional specific sectors, businesses, and activities subject to specific conditions set forth in protocols attached as appendices to the order – music, film, and television production; day camps; fitness facilities; museums, galleries, botanical gardens, zoos, aquariums, and other similar exhibition spaces; professional sports without audiences; and campgrounds, RV parks, and associated outdoor activities; permitted the opening of swimming pools and splash pads in any setting subject to implementation of a specified protocol; permitted public and private schools to begin planning for the forth-coming school year in compliance with State guidance; and allowed hotels, motels, shared rental units, and similar facilities to reopen for tourism and individual travel, in compliance with conditions set forth in a protocol attached as an appendix to the order; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and 3.L.a Packet Pg. 263 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 26 WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 11 Safer At Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in-store redemption of beverage containers and temporarily suspending the requirement for recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54- 3.L.a Packet Pg. 264 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 27 20, which had suspended Public Resources Code section 42283’s prohibitions relating to retail establishments providing bags to customers at point of sale; and WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the 3.L.a Packet Pg. 265 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 28 First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of Economic Development for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary parklets for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and specify that for compliance with certain specified mandatory seismic retrofitting requirements, the two- year extension for planning, review, and permit-related actions applies only if an 3.L.a Packet Pg. 266 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 29 application was pending as of March 13, 2020 or submitted between March 13, 2020 and the expiration of the Order; and WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, 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 3.L.a Packet Pg. 267 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 30 and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit Q”) that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and 3.L.a Packet Pg. 268 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 31 WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71-20, which, among other things, found that minimizing evictions during this period is critical to reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28-20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 28 Safer At Home Order with the exceptions that it 3.L.a Packet Pg. 269 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 32 noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as required or to comply with social distancing requirements imposed by the County Safer at Home orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and 3.L.a Packet Pg. 270 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 33 WHEREAS, on July 8, 2020, the Director of Emergency Services issued a Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency which was superseded and replaced on July 9, 2020 by the Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency and on July 10, 2020 by the Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit S”) reducing the required number of nominating signatures for candidates in the November 3, 2020 general municipal election from 100 (as required under Santa Monica Municipal Code Section 11.04.010) to 30 and waiving the $1 fee for each set of nomination papers over the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County 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 3.L.a Packet Pg. 271 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 34 nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 1 Safer At Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued the First Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit R”), which superseded and replaced the Twentieth Supplement to the Executive Order of the 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 3.L.a Packet Pg. 272 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 35 others who are non-household members in both public and private spaces, including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; clarify that having a face covering visible and immediately ready to put on whenever within 30 feet of another non-household member is intended to satisfy the face covering requirement when walking, running, biking, or otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited inquiries to those asserting exemptions from the face covering because of medical condition, mental health condition, or disability to prevent fraudulent assertions of such exemptions; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit T”), which extended the eviction moratorium for residential tenants implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement to August 31, 2020; and WHEREAS, 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 3.L.a Packet Pg. 273 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 36 indoor and outdoor spaces; reemphasized that all persons who can telework or work from home should continue to do so as much as possible; restated that all gatherings of people who are not part of a single household or living unit are prohibited except for the limited purposes expressly permitted by the order; recognized that the State Public Health Officer requires all public and private schools within the County of Los Angeles to remain closed to in-person learning until certain criteria are satisfied and issued reopening protocols for schools permitted to reopen to in-person learning; directed that individuals instructed by their medical provider not to wear a face covering should wear a face shield with a drape on the bottom edge as long as their condition permits it; and included revised reopening protocols for various types of businesses; and WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit U”), 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, 3.L.a Packet Pg. 274 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 37 First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through August 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 18 Safer At Home Order with the exception that it provided clarification regarding when elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated requirements for childcare facilities to specify childcare must be carried out in stable groups of 12 or fewer children in the same group each day, instead of 10; and aligned with new guidance for institutes of higher education; and WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit P”), 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 3.L.a Packet Pg. 275 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 38 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 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 (“Exhibit V”), 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 3.L.a Packet Pg. 276 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 39 Revised First Supplement, through September 30, 2020; subject to the exceptions specified in the Nineteenth and Twenty-Third Supplements, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty- Second, and Twenty-Third Supplements to September 30, 2020, or any later date expressly stated within the text of an individual supplement; and extended the suspensions of the discontinuation or shut off of water service for non-payment of water or sewer bills and of late payment penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling collections bills, as originally implemented by Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December 31, 2020; and WHEREAS, on August 28, 2020, the California Department of Public Health issued a statewide order that, recognizing that community spread of infection remains a significant concern across the state, and based on the current state of the pandemic in California and current scientific understanding of transmission, further refined the State’s approach to gradually reopen businesses and activities while reducing the risk of increased community spread by adopting a targeted system for sector reopenings that relies on a set of tiers corresponding to specific epidemiological profiles based on indicators of disease burden including case rates per capita and percent of positive COVID-19 tests and proportion of testing and other COVID-19 response efforts addressing the most impacted populations within a county; under this revised framework, local health jurisdictions may reopen, or must close, specified sectors according to their county’s tier; and 3.L.a Packet Pg. 277 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 40 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 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 3.L.a Packet Pg. 278 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 41 students with Individualized Education Programs or English Learners needing assessments and/or specialized in-school services, with priority given to students with disabilities; and WHEREAS, on September 4, 2020, the United States Center for Disease Control and Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like quarantine, isolation, and social distancing – can be an effective public health measure utilized to prevent the spread of communicable disease,” that eviction moratoria “facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition” and “allow State and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID-19,” and that “housing stability helps protect public health because homelessness increases the likelihood of individuals moving into congregate settings, such as homeless shelters, which then puts individuals at higher risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order, applicable in any State or local area without a moratorium on residential evictions that provides the same or greater level of public-health protections as the requirements in the order, requiring that, through December 31, 2020, subject to further extension, modification, or rescission, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action shall not evict any covered person (as defined in the order) from any residential property in any State in which there are documented cases of COVID-19; and WHEREAS, on September 8, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth 3.L.a Packet Pg. 279 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 42 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 Seventeenth 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 (“Exhibit W”), 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 (“Exhibit X”), 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 3.L.a Packet Pg. 280 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 43 and conducted in accordance with all requirements of the County Safer at Home Order; extended the City’s moratorium on evictions of residential tenants for reasons other than nonpayment of rent through December 31, 2020; extended the eviction moratorium for nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised First Supplement) through December 31, 2020, subject to the requirement that for rent due after September 30, 2020, except for rent due for periods in which the commercial tenant 1’s business remains closed because the County Safer at Home Order requires it to remain closed, the commercial tenant 1 must pay at least 50% of the rent due in accordance with the terms for payment set out in the tenant’s lease; authorized the Director of the Community Services Department to promulgate regulations and issue permits for gym and fitness establishments to engage in commercial fitness activities at City parks, City park parking lots, and City beaches; superseded and replaced Section 5 of the Revised Fifth Supplement so that penalties related to business licenses for fiscal year 2020-2021 will begin to accrue as of September 1, 2020 unless an extension application was timely filed pursuant to the Third Revised Eighteenth Supplement and penalties related to business improvement district assessments for fiscal year 2020- 2021 are not suspended and will begin to accrue if the assessments are not timely paid; 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 3.L.a Packet Pg. 281 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 44 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 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 3.L.a Packet Pg. 282 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 45 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 (“Exhibit Y”), 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 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 3.L.a Packet Pg. 283 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 46 with people in the same household or to gather virtually, and noting that limiting attendance at gatherings is a way to reduce the risk of spread and increase the effectiveness of contact tracing if a positive case is discovered, issued mandatory guidance for private gatherings that, among other things, limited them to no more than 3 households, required them to occur in space sufficient for everyone to maintain at least 6 feet of physical distance from any others not in their own household, and required the wearing of face coverings; and WHEREAS, on October 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – 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 3.L.a Packet Pg. 284 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 47 household, be limited to two hours or less, and be conducted in accordance with social distancing requirements including the wearing of face coverings; and WHEREAS, on October 23, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders and was essentially equivalent to the October 14 Safer at Home Order with the exception that it permitted personal care establishments to offer services indoors with modifications; permitted batting cages, miniature golf, and go cart racing to operate outdoors; clarified that food court dining rooms in an indoor mall or shopping center must remain closed; increased the percentage of students with individual education programs and English learners and other high-need students to return to a K- 12 campus; and permitted schools to reopen from TK to second grade for class instruction with a waiver application approved by the Los Angeles County Department of Public Health; and WHEREAS, on October 27, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, and Twenty-Seventh Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements 3.L.a Packet Pg. 285 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 48 that were not extended by the Seventeenth Supplement, be operative and remain in effect through December 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on November 13, 2020, noting that the incidence of COVID-19 is increasing in many states and countries and that travel itself can be a risk for exposure to COVID-19, the California Department of Health issued a travel advisory, encouraging Californians to stay home or in their region and avoid non-essential travel to other states or countries; and WHEREAS, on November 16, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings, superseding the face covering guidance it issued on June 18, 2020, that requires persons to wear face coverings when they are outside of their home, unless an enumerated exemption applies; WHEREAS, on November 19, 2020, the California Department of Public Health, citing the recent, unprecedented rate of rise in increase in COVID-19 cases across California, issued a Limited Stay at Home Order effective from November 21, 2020 at 10 pm PST to 5 am PST on December 21, 2020 in counties under Tier One (Purpose) of California’s Blueprint for a Safer Economy requiring that all gatherings with members of other households and all activities conducted outside the residence, lodging, or temporary accommodation with members of other 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 3.L.a Packet Pg. 286 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 49 Control of COVID-19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at Home Orders and became effective on November 20, 2020 and was essentially equivalent to the October 23 Safer at Home Order with the exception that it limited the number of persons at private outdoor gatherings to 15 persons and made other clarifications on permissible private outdoor gatherings; limited the number of customers at outdoor restaurants, breweries, and wineries to 50% of the establishment’s outdoor capacity and prohibited in-person outdoor dining between the hours of 10:00 pm and 6:00 am; limited the number of customers at outdoor cardrooms, miniature golf, batting cages, and go cart racing to 50% of the establishment’s outdoor capacity; limited the number of persons at indoor operations for retail, office, and personal care to 25% capacity; clarified that an essential business must comply with the social (physical) distancing protocol and all other applicable protocols; and specified the type of retail food market that must comply with the new protocol for grocery stores and retail food markets; and WHEREAS, on November 23, 2020, 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 (“Exhibit Z”), 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 3.L.a Packet Pg. 287 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 50 Supplement or Sections 19 to 78 of the Third Revised Eighteenth Supplement; expanded temporary curbside pickup zones by allowing the designation and use of on- street parking spaces where no metered spaces are adjacent to the business; clarified that the two-year extension of deadlines for planning, review, and permit actions implemented by the Third Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles VIII and IX of the Santa Monica Municipal Code; authorized voluntary temporary disconnection of City water service for commercial property accounts, excluding fire service accounts, upon payment of a temporary disconnection fee of $208.00; clarified that landlords’ service of required Notices of Terminations of Tenancy in accordance with instructions from the Rent Control Board upon its acceptance of a notice of intent to Ellis a building will not violate the eviction moratorium, while specifying that no unlawful detainer action based on removal of a unit from the rental market pursuant to the Ellis Act may be filed until sixty days after the expiration of the Twenty-Eighth Supplement; and extended the suspensions of water service shut off and imposition of late payment penalties for unpaid or delinquent water, sewer, and/or refuse and recycling collection bills through March 31, 2021; and 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 3.L.a Packet Pg. 288 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 51 County remains widespread and continues to present a substantial and significant risk of harm to residents’ health; noted that there remains a strong likelihood that increased interactions among members of the public will result in a significant and increasing number of cases of community transmission; noted that because even people without symptoms can transmit the virus and because evidence shows the infection is easily spread, preventing, limiting, and placing conditions on various types of gatherings and other direct and indirect interpersonal interactions have been proven to reduces the risk of transmitting the virus; and was essentially equivalent to the November 19 Safer at Home Order with the exceptions that it: aligned the County Safer at Home Order with California’s November 19, 2020 Limited Stay at Home Order (effective November 21 at 10:00 pm PST) by requiring that all gatherings with members of other households and all activities conducted outside the residence, lodging, or temporary accommodation with members of other households cease between 10:00 pm PST and 5:00 am PST, except for those activities permitted by the Safer at Home Order or required by law; required restaurants, breweries, and wineries to only offer food and beverage via take- out, prohibiting both indoor and outdoor on-site food and beverage service, for the period November 25 through at least December 17, 2020; and WHEREAS, on November 28, 2020, the Los Angeles County Department of Public Health issued a Temporary Targeted Safer at Home Health Officer Order for Control of COVID-19: Tier 1 Substantial Surge Response, effective from 12:01 am PST on November 30, 2020 to 11:59 pm PST on December 20, 2020, that, for this time period, temporarily replaces the November 25, 2020 Safer at Home Order; recognized the recent substantial rise in COVID-19 cases, hospitalizations, and deaths in Los 3.L.a Packet Pg. 289 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 52 Angeles County; stated the Health Officer’s expectation that both the number of new cases and hospitalizations will continue to rapidly increase over the next 21 days; and, among other things: directs all persons to stay home, except to travel to and from Essential Businesses, to work at or provide service to a Healthcare Operation or Essential Infrastructure, to work at, perform or obtain services from an Essential Governmental Function, or to participate in permitted individual or household activities while practicing social distancing; prohibits all public and private gatherings and events with people from more than one household except for outdoor faith-based services and outdoor protests, and as permitted in paragraph 9 of the order; requires all persons leaving their residences to strictly comply with Social (Physical) distancing requirements, including wearing a face covering or mask over both the nose and mouth whenever they are or can be in contact with or waking near or past others who are non- household members in both public and private places, whether indoors or outdoors; maintains the requirement that all permitted activities with individuals of other households and all activities conducted outside the residence, lodging, or temporary accommodation with members of other households must cease between 10:00 pm and 5:00 am (PST) except for those activities associated with the operation, maintenance, or usage of an Essential Business, Healthcare Operation, Essential Infrastructure, Essential Government Function, or required by law; maintains the closure of onsite indoor and outdoor dining at all restaurants, allowing them to open only for takeout and delivery; requires the closure of 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 3.L.a Packet Pg. 290 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 53 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 (“Exhibit AA”), which extended to January 31, 2021, the moratorium on evictions of residential tenants for reasons other than nonpayment of rent; extended to January 31, 2021, the moratorium on evictions of commercial tenant 1s (as defined in the Fifth Revised First Supplement) for nonpayment of rent, subject to the limitation the moratorium would apply to certain commercial tenant 1s only if they paid 50% of rent due for certain periods after September 30, 2020; extended to January 31, 2021, the authorization for expanded temporary curbside pickup zones; authorized the Housing Commission to meet to review and make recommendations regarding the update to the City’s Housing Element; and suspended through March 31, 2021 late payment penalties for unpaid or delinquent Transient Occupancy Taxes collected by hotels for periods beginning on or after November 1, 2020 (an earlier suspension of such penalties expired as of June 30, 2020); and WHEREAS, on December 3, 2020, 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 3.L.a Packet Pg. 291 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 54 than 15% (a threshold currently reached by the Southern California region that includes Los Angeles County), among other things: prohibits all gatherings with members of other household except as expressly permitted by the order; requires all individuals to stay home or at their place of residence except as necessary to conduct activities associated with the operation, maintenance, or usage of critical infrastructure, as required by law, or as specifically permitted by the order; permits worship and political expression outdoors, consistent with existing guidance for those activities; and requires all retailers allowed to operate indoors to do so at no more than 20% capacity in accordance with guidance for retailers; and WHEREAS, as of December 4, 2020, the Los Angeles County Department of Public Health has confirmed 439,408 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS the findings included in each Executive Order and Supplement to the Executive Order referenced herein are included herein as if stated in full; and WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have issued public health recommendations that include but are not limited to social distancing between non-household members, staying in one’s home if sick, canceling or postponing group events and gatherings other than those limited private gatherings expressly permitted, isolation for senior and at-risk populations, and other precautions to protect public health and prevent transmission of this communicable virus; and 3.L.a Packet Pg. 292 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 55 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, and October 27, 2020 the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and WHEREAS in the interest of public health and safety, as affected by the global, national, state, and local emergency caused by the spread of COVID-19, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to ratify the actions of the Director of Emergency Services related to the protection of life and property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Executive Order”) (“Exhibit A”) is hereby ratified. SECTION 2. The Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit B”) is hereby ratified. SECTION 3. The Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) is hereby ratified. 3.L.a Packet Pg. 293 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 56 SECTION 4. The Revised Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit D”) is hereby ratified. SECTION 5. The Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit E”) is hereby ratified. SECTION 6. The Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit F”) is hereby ratified. SECTION 7. The Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit G”) is hereby ratified. SECTION 8. The Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit H”) is hereby ratified. SECTION 9. The Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit I”) is hereby ratified. SECTION 10. The Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit J”) is hereby ratified. 3.L.a Packet Pg. 294 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 57 SECTION 11.The Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit K”) is hereby ratified. SECTION 12.The Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit L”) is hereby ratified. SECTION 13. The Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit M”) is hereby ratified. SECTION 14. The Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit N”) is hereby ratified. SECTION 15. The Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit O”) is hereby ratified. SECTION 16. The Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit P”) is hereby ratified. SECTION 17. The Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit Q”) is hereby ratified. 3.L.a Packet Pg. 295 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 58 SECTION 18. The First Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit R”) is hereby ratified. SECTION 19. The Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit S”) is hereby ratified. SECTION 20. The Twenty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit T”) is hereby ratified. SECTION 21. The Twenty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit U”) is hereby ratified. SECTION 22. The Twenty-Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit V”) is hereby ratified. SECTION 23. The Twenty-Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit W”) is hereby ratified. SECTION 24. The Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit X”) is hereby ratified. 3.L.a Packet Pg. 296 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 59 SECTION 25. The Twenty-Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit Y”) is hereby ratified. SECTION 26. The Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit Z”) is hereby ratified. SECTION 27. The Twenty-Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit AA”) is hereby ratified. SECTION 28. 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 29. The City Council authorizes the Interim City Manager, in her capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the spread of COVID-19. SECTION 30. 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 3.L.a Packet Pg. 297 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 60 review the need to continue the state of emergency every 60 days until this resolution is terminated. SECTION 31. 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 to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall, except for those portions of earlier supplements that were not extended by the Seventeenth Supplement, remain in effect until December 31, 2020, at 11:59 p.m., or any later date expressly stated within the text of an individual Supplement, at which time they shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto. SECTION 32. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, or any Supplement or Revised Supplement to the Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, the Executive Order, or any Supplement or Revised Supplement to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, and any Supplement or Revised Supplement to the Executive Order and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any 3.L.a Packet Pg. 298 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation 61 portion of this Resolution, the Executive Order, or any Supplement or Revised Supplement to the Executive Order would be subsequently declared invalid or unconstitutional. SECTION 33. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ GEORGE S. CARDONA Interim City Attorney 3.L.a Packet Pg. 299 Attachment: !CMO-Res-EmergencyRatification11-COVID-20201215 (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services) AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find: That international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS- CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and That while the complete clinical picture with regard to COVID-19 is not yet fully understood, reported symptoms and illnesses from COVID-19 range from mild to severe, including fever, coughing, shortness of breath, and illnesses resulting in death; and That the Centers for Disease Control and Prevention has stated that certain populations face elevated risk and widespread transmission of COVID-19 would translate into large numbers of people needing medical care at the same time and other critical infrastructure may also be affected; and That, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak a “public health emergency of international concern”; and That, on January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency to aid the nation’s healthcare community in responding to COVID-19; and That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and That, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and That, on March 11, 2020, the Director-General of the World Health Organization characterized COVID-19 as a pandemic; and 3.L.b Packet Pg. 300 Attachment: A-20200313.SM.Proclamation - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and That, on March 13, 2020, the President of the United States of America declared a national emergency and that the federal government would make $50 billion in emergency funding to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and That, as of March 13, 2020, the Los Angeles County Department of Public Health reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases identified as likely due to community transmission; and That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and That, on or before March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and That, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local, state, and national public health emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City. ADOPTED this 13th day of March 2020. By: _________________________ RICK COLE City Manager Director of Emergency Services 3.L.b Packet Pg. 301 Attachment: A-20200313.SM.Proclamation - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and ATTEST: ___________________ DENISE ANDERSON-WARREN City Clerk This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until March 20, 2020, on which date it expires unless confirmed and ratified by the City Council. APPROVED AS TO FORM: ______________________ LANE DILG City Attorney 3.L.b Packet Pg. 302 Attachment: A-20200313.SM.Proclamation - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services) AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Santa Monica is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find: That international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS- CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and That while the complete clinical picture with regard to COVID-19 is not yet fully understood, reported symptoms and illnesses from COVID-19 range from mild to severe, including fever, coughing, shortness of breath, and illnesses resulting in death; and That the Centers for Disease Control and Prevention has stated that certain populations face elevated risk and widespread transmission of COVID-19 would translate into large numbers of people needing medical care at the same time and other critical infrastructure may also be affected; and That, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak a “public health emergency of international concern”; and That, on January 31, 2020, the U.S. Department of Health and Human Services declared a public health emergency to aid the nation’s healthcare community in responding to COVID-19; and Rick Cole City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060 3.L.c Packet Pg. 303 Attachment: B-20200314.SM.Revised_Proclamation (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and That, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and That, on March 11, 2020, the Director-General of the World Health Organization characterized COVID-19 as a pandemic; and That, on March 13, 2020, the President of the United States of America declared a national emergency and that the federal government would make $50 billion in emergency funding to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and That, as of March 13, 2020, the Los Angeles County Department of Public Health reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases identified as likely due to community transmission; and That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, is a significant destination for business travel, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and That, on or before March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and That, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local, state, and national public health emergency; and That the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and That, on March 13, 2020, in my capacity as Director of Emergency Services, I issued a proclamation of local emergency to declare the existence of a local emergency; and That this revised proclamation is issued as an additional precaution and out of an abundance of caution in accordance with laws related to use of digital signatures; and DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060 3.L.c Packet Pg. 304 Attachment: B-20200314.SM.Revised_Proclamation (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 That the City Council of the City of Santa Monica is not in session and cannot immediately be called into session. NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of the City shall be as prescribed by federal and state law, and by City ordinances and resolutions of this City. ADOPTED this 14th day of March 2020. By: _____________________________ RICK COLE City Manager Director of Emergency Services ATTEST: ___________________ DENISE ANDERSON-WARREN City Clerk This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until March 20, 2020, on which date it expires unless confirmed and ratified by the City Council. APPROVED AS TO FORM: ______________________ LANE DILG City Attorney DocuSign Envelope ID: 6CD47410-A416-4C9C-A909-742CEE6C0060 3.L.c Packet Pg. 305 Attachment: B-20200314.SM.Revised_Proclamation (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and FIFTH REVISED FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 306 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 307 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 308 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 4 WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 309 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 5 WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 310 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 6 WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions mad via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 311 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 7 WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 312 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 8 contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 313 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 9 ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Sixteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 314 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 10 centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Through Stage 2 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to specified conditions; and permitted restaurants and other food facilities that provide sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County safer at home order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the Eighteenth Supplement by extending the authorization for temporary outdoor dining to adjacent private spaces not owned by a restaurant and sidewalk areas in front of adjacent buildings, both with the consent of the owner; and adding authorizations for the Finance Director to grant extension of the delinquency date for business license renewals by two months from September 1 to November 1, 2020; and DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 315 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 11 WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was largely equivalent to the May 29 Safer At Home Order with exceptions including that it: permitted the reopening of the following additional specific sectors, businesses, and activities subject to specific conditions set forth in protocols attached as appendices to the order – music, film, and television production; day camps; fitness facilities; museums, galleries, botanical gardens, zoos, aquariums, and other similar exhibition spaces; professional sports without audiences; and campgrounds, RV parks, and associated outdoor activities; permitted the opening of swimming pools and splash pads in any setting subject to implementation of a specified protocol; permitted public and private schools to begin planning for the forth-coming school year in compliance with State guidance; and allowed hotels, motels, shared rental units, and similar facilities to reopen for tourism and individual travel, in compliance with conditions set forth in a protocol attached as an appendix to the order; and WHEREAS, as of June 16, 2020, the Los Angeles County Department of Public Health has confirmed 75,084 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, as a result of the public health emergency and the precautions recommended by health authorities, many residential and commercial tenants in Santa Monica have experienced sudden and unexpected income loss; and WHEREAS, individuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, including shelters and food banks; and WHEREAS, the more expansive reopening of business that has been permitted by the May 29 and June 11 orders issued by the Los Angeles County Department of Public Health should allow certain businesses to resume operations, but continuing economic impacts from COVID-19 and the social distancing measures implemented to address it are anticipated, leaving certain residential and commercial tenants vulnerable to eviction even following the reopening of businesses; and WHEREAS, commercial tenants and landlords should be encouraged as much as possible to negotiate modifications to rental agreements and payment plans that will allow commercial tenants to remain in leased commercial space while not unnecessarily depriving commercial landlords of rents due for that commercial space; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement, to protect the City’s affordable housing stock, to prevent housed individuals from falling into homelessness, and to prevent loss of local businesses; and WHEREAS, this local emergency includes an economic crisis that could only worsen the existing housing crisis in the City and in Los Angeles County; and DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 316 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 12 WHEREAS, the City cannot mitigate in the emergency environment the instability and disruption of residential housing that might occur when multi-family buildings are removed from the rental market under the Ellis Act; and WHEREAS, Ellis Act removals and other no-fault evictions would displace residents from their homes during imposition of COVID-19 related social distancing, quarantine, and home isolation orders that make searching for new housing infeasible and potentially dangerous to one’s health and safety; and   WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: DEFINITIONS 1. For purposes of this Order, the following terms shall be defined as follows: a. “Endeavor to evict” includes, but is not limited to: serving a Notice to Pay or Quit, a Notice to Perform Covenant or Quit, a Notice of Termination, or any other eviction notice; filing or pursuing an unlawful detainer action based on such notices; or seeking to terminate a tenancy or evict a tenant through other means. b. “Substantially limited business” means a business that is either: i. a restaurant; retail business; hair salon or barbershop; fitness facility; or museum, gallery, or other exhibit space, that closed or substantially limited its operations as required by the Los Angeles County Department of Public Health Safer at Home Order issued March 29, 2020, together with its supplements and amendments (the “Safer at Home Order”), and whose reopening is subject to substantial limitations as the result of a protocol imposed by the Los Angeles County Department of Public Health pursuant to its Reopening Safer at Work and in the Community for Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order issued June 11, 2020 (the “Reopening Order”); or ii. a higher-risk business listed in paragraph 7 of the Reopening Order that closed as required by the Safer at Home Order and remains closed as required by the Reopening Order. c. “Commercial tenant” means any tenant of commercial real property, including non-profits. For purposes of this Order there are three classifications of commercial tenants: DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 317 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 13 i. “Commercial tenant 1” means a commercial tenant that is not a commercial tenant 2 or commercial tenant 3. ii. “Commercial tenant 2” means a commercial tenant that is not a commercial tenant 3; is a tenant in office work space; is not a non-profit; does not collect sales tax on greater than 50% of its revenue; does not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; and does not use the office work space to engage primarily in a substantially limited business. iii. “Commercial tenant 3” means any commercial tenant other than a non- profit that is: (A) a publicly traded company; (B) a business that, together with its affiliates, (1) employs more than 100 employees, (2) has average annual gross receipts of more than $15 million over the previous three years, or (3) has business operations, other than sales conducted solely through online channels, in three or more countries, including the United States; or (C) a business whose payment of rent is guaranteed by a business falling within the scope of subsection (A) or (B) of this subsection. Absent a guarantee from the franchisor falling under subsection (C), an independent franchisee that is not a commercial tenant 3 under subsection (A) or (B) shall not be deemed a commercial tenant 3 simply because the franchisor is a commercial tenant 3 under subsection (A) or (B). d. For a residential tenant, “financial impacts related to COVID-19” include, but are not limited to, lost household income or an increase in household expenses as a result of any of the following: (1) being sick with COVID-19, or caring for someone who is sick with COVID- 19; (2) layoff, loss of hours, or other income reduction resulting from reduction of hours or closures or any other economic impacts of COVID-19; (3) compliance with a recommendation from a government health authority to stay home, self-quarantine, or avoid congregating with others during the state of emergency; (4) extraordinary out-of-pocket medical expenses; or (5) child care needs arising from school closures or other circumstances related to COVID-19. e. For a commercial tenant, “financial impacts related to COVID-19” include, but are not limited to, substantial lost business income or a substantial increase in business expenses as a result of any of the following: (1) the commercial tenant or its employees being sick with COVID-19, or caring for someone who is sick with COVID-19; (2) reduction in or closure of hours of operation, increase in costs and labor, delays or interruptions, or any other economic impacts of COVID-19; (3) compliance with a recommendation from a government health authority to stay home, self-quarantine, or avoid congregating with others during the state of emergency. EVICTION MORATORIUM FOR RESIDENTIAL TENANTS 2. A temporary moratorium on eviction for nonpayment of rent by residential tenants impacted by the COVID-19 crisis is imposed as follows: a. No landlord shall endeavor to evict a residential tenant for nonpayment of rent due to financial impacts related to COVID-19, until twelve months after the expiration of this Order. This section applies to rent that became due between March 14, 2020 and the expiration of this Order. DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 318 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 14 b. If a residential tenant is unable to pay rent due to financial impacts related to COVID-19, the tenant shall provide notice and documentation to the landlord within 30 days after rent is due. The tenant must provide notice and documentation in writing, which may be email, text, letter, or any other form of written communication. Notice and documentation that indicates any loss of income or increase in expenses due to COVID-19 is sufficient. A statement written by the tenant in a single communication may constitute both notice and documentation. c. If a landlord receives notice and documentation that a residential tenant cannot pay rent due to financial impacts related to COVID-19, and the landlord nonetheless endeavors to evict the tenant in violation of subsection 2(a) above, then the landlord will be deemed to have taken action to terminate a tenancy based upon a legal theory that is untenable under the facts known to the landlord. If a landlord does so by serving a 3-day notice in bad faith, filing an unlawful detainer complaint in bad faith that terminates in the tenant’s favor, or otherwise endeavoring to evict in bad faith, the landlord will be deemed to have violated the City’s Tenant Harassment Ordinance, as set forth in Section 4.56.020 of the Santa Monica Municipal Code. d. A landlord of a residential tenant may not, during the term of this Order or thereafter, charge to or collect from the residential tenant a late fee or penalty for rent that is delayed for reasons stated in this Order if such rent is paid within twelve months after the expiration of this Order. A landlord of a residential tenant may not, during the term of this Order or thereafter, charge or collect interest that would accrue on such rent during the term of this Order or for twelve months thereafter. e. Regardless of any payment plan agreement, a residential tenant will have up to twelve months following the expiration of this Order to pay any rent that was unpaid due to financial impacts related to COVID-19 while this Order was in effect. f. A landlord may not recover rent that is delayed for reasons stated in this Order if the landlord has already obtained compensation for the rent through federal or state government relief funds or other programs that provide such compensation. 3. A temporary moratorium on eviction for no-fault evictions of residential tenants is imposed as follows: a. No landlord shall endeavor to evict a residential tenant in a no-fault eviction. b. No landlord shall remove any residential rental unit from the rental market pursuant to the Ellis Act, California Government Code Section 7060, et seq. For any rental unit that has already been removed from the rental market pursuant to the Ellis Act, the period of time before such a tenancy is terminated after notice shall not begin until sixty days after the expiration of this Order. 4. No landlord shall endeavor to evict a residential tenant based on the presence of unauthorized occupants or their pets, or based on nuisance, unless the nuisance substantially endangers or impairs the health or safety of a tenant or other persons in the vicinity of the premises, or causes or threatens to cause substantial damage to the premises, and the reason is stated in the notice as the grounds for the eviction. 5. A temporary moratorium on evictions for a residential tenant’s denial of entry by the landlord is imposed as follows: DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 319 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 15 a. A landlord shall not endeavor to evict a tenant on the ground that the tenant denied entry by the landlord, unless the tenant unreasonably denied entry for the landlord to remedy a condition that substantially endangers or impairs the health or safety of a tenant or other persons in the vicinity of the premises, or that is causing or threatening to cause substantial damage to the premises. b. If a landlord seeks to remedy such a condition, the landlord shall not permit entry by any person who is, or who the landlord has good cause to believe is, a carrier of the COVID- 19 virus. The landlord must ensure that appropriate social distancing, cleaning, and sanitation measures are taken to protect from risk of transmitting the COVID-19 virus during the entry. Such measures must account for: the tenant’s report that the tenant or a member of the tenant’s household has or believes in good faith to have been recently been exposed to the COVID-19 virus; or the tenant’s report that the tenant or a member of the tenant’s household is at a higher risk for more serious complications from the COVID-19 virus. c. A landlord who enters the premises shall promptly leave the premises if the tenant revokes permission to enter because of the landlord’s failure to observe appropriate social distancing, cleaning, and sanitization measures. d. For purposes of this section, “landlord” includes, but is not limited to, any person authorized by the owner to enter the premises, such as maintenance personnel, a prospective buyer, or a prospective tenant. 6. A landlord must provide residential tenants with the following notices: a. A landlord must provide, in accordance with the procedures set forth below, a notice that states: “You might be protected from eviction under certain circumstances, including nonpayment of rent due to financial impacts related to COVID-19. If you are unable to pay rent due to financial impacts related to COVID-19, you must provide notice and documentation to your landlord in writing within 30 days after rent is due. You may also be protected from eviction for certain other reasons. For additional information, contact the City of Santa Monica’s Coronavirus Hotline at (310) 458-8400 or visit santamonica.gov/coronavirus.” This notice must be provided to residential tenants in writing by mail or email, or by posting in a conspicuous location in the lobby of the property, near a mailbox used by residents of the property, or in or near a public entrance to the property. The notice must be written in the language that the landlord normally uses for verbal communications with the tenant. b. A landlord must include an additional copy of the same notice with any Notice to Pay Rent or Quit, Notice to Perform Covent or Quit, Notice to Terminate, and any other notice given as part of an eviction process, in bold underlined 12-point or larger font. c. If a landlord files an unlawful detainer action during the period in which the Judicial Council Emergency Rules prohibit courts from issuing a summons in an unlawful detainer action unless necessary to protect public health and safety, the landlord must serve the tenant with a copy of the complaint within 3 days of filing the complaint. d. A landlord who has provided notice as required under Section 6(a) of this Order to a residential tenant under a previous revision of this Order is not required to provide an additional notice to the tenant under Section 6(a) of this Order. 7. Any medical or financial information that a residential tenant provides to a landlord to seek protections provided by this Order shall be held in confidence and only used as documentation for processing the tenant’s claim under this Order. DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 320 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 16 8. This Order grants residential tenants the following affirmative defenses: a. This Order grants an affirmative defense that may be raised at any time in an unlawful detainer action in the event that the action is commenced in violation of this Order. b. In addition, this Order grants an affirmative defense that may be raised at any time in an unlawful detainer action or any other civil action in the event that the action is commenced based on nonpayment of rent due to the financial impacts of COVID-19 as described above in this Order, regardless of whether the tenant provided the landlord with notice and documentation. Notice and documentation shall create a rebuttable presumption that a residential tenant is unable to pay rent due to financial impacts related to COVID-19. c. In addition, this Order grants an affirmative defense that may be raised at any time in an unlawful detainer action in the event that the action is commenced based on a no-fault eviction, or the landlord removed the residential unit from the rental market pursuant to the Ellis Act, California Government Code Section 7060, et seq. during the term of this Order, or the residential rental unit was previously removed from the rental market pursuant to the Ellis Act and the period of time before such a tenancy is terminated after notice began less than sixty days after the expiration of this Order, as described above in this Order. d. In addition, this Order grants an affirmative defense that may be raised at any time in an unlawful detainer action in the event that the action is commenced based on a residential tenant’s denial of entry by the landlord, as described above in this Order. e. In addition, this Order grants an affirmative defense that may be raised at any time in an unlawful detainer action in the event that the action is commenced based on the presence of unauthorized occupants or their pets or a nuisance that does not substantially endanger or impair the health or safety of a tenant or other persons in the vicinity of the premises or cause or threaten to cause substantial damage to the premises, or the action is commenced following an eviction notice that did not state the reason serving as the grounds for the eviction. f. In addition, this Order grants an affirmative defense that may be raised at any time in an unlawful detainer action in the event that the action is commenced when the landlord failed to include the required notice language in an eviction notice, as described above in this Order. g. Except for Section 8(f) of this Order, the affirmative defenses granted to residential tenants by this Order shall apply to all actions on or after March 14, 2020. An affirmative defense under Section 8(f) of this Order shall apply for actions taken on or after April 24, 2020. 9. Any provision in a rental agreement, payment plan, or any other agreement between a landlord and residential tenant that waives or modifies any rights under this Order shall be void as contrary to public policy. 10. A residential tenant injured by a landlord’s violation of Sections 2 through 8 of this Order has a private right of action against the landlord for violation of California Business and Professions Code Section 17200, et seq., and shall be entitled to attorney’s fees and exemplary damages according to proof. DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 321 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 17 11. A landlord who knows of facts that provide a residential tenant with an affirmative defense to eviction under this Order, and who nonetheless in bad faith endeavors to evict that residential tenant, will be deemed in violation of the City’s Tenant Harassment Ordinance, as set forth in Section 4.56.020 of the Santa Monica Municipal Code. The maximum civil penalty for any violation of the Tenant Harassment Ordinance occurring while this Order is in effect is increased from $10,000 to $15,000. EVICTION MORATORIUM FOR COMMERCIAL TENANTS 12. A commercial tenant 3 will not receive the protections set out in Section 14 below. Any protections accorded a commercial tenant 3 by the Revised First Supplement, Second Revised First Supplement, Third Revised First Supplement, or Fourth Revised First Supplement (collectively, the “prior orders”) shall terminate as of June 30, 2020. Accordingly, as of July 1, 2020, a landlord of a commercial tenant 3 will not be precluded from, in accordance with lease terms and any applicable law, charging and collecting a late fee or penalty for, beginning to accrue and charge and collect interest on, and endeavoring to evict based on any rent that became due from March 18, 2020 to June 30, 2020 and remains unpaid by the commercial tenant 3. 13. A commercial tenant 2 will not receive the protections set out in Section 14 below. Any protections accorded a commercial tenant 2 by the prior orders shall extend, in accordance with the terms of the Fourth Revised First Supplement, to and terminate as of July 31, 2020. Accordingly, no landlord shall endeavor to evict a commercial tenant 2 that has provided the required notice and documentation for nonpayment of rent that became due between March 18, 2020 and July 31, 2020 due to financial impacts related to COVID-19 until thirty days after July 31, 2020. As of September 1, 2020, a landlord of a commercial tenant 2 will not be precluded from, in accordance with lease terms and any applicable law, charging and collecting a late fee or penalty for, beginning to accrue and charge and collect interest on, and endeavoring to evict based on any rent that became due from March 18, 2020 to July 31, 2020 and remains unpaid by the commercial tenant 2. 14. A temporary moratorium on eviction for nonpayment of rent by a commercial tenant 1 impacted by the COVID-19 crisis is imposed as follows: a. No landlord shall endeavor to evict a commercial tenant 1 for nonpayment of rent due to financial impacts related to COVID-19 until twelve months after June 30, 2020. This section applies to rent that became due between March 18, 2020 and June 30, 2020 as to which the commercial tenant 1 provided notice and documentation as required by Section 2(b) of the Fourth Revised First Supplement and to rent that becomes due between July 1, 2020 and the expiration of this Order as to which the commercial tenant 1 has provided notice and documentation as required by Section 14(b) of this Order. b. If a commercial tenant 1 is unable to pay rent due to financial impacts related to COVID-19, the tenant shall provide notice and documentation to the landlord within 30 days after rent is due. The tenant must provide notice and documentation in writing, which may be an email, text, letter, or any other form of written communication. If the tenant fails to timely provide the required notice and documentation, the tenant shall not be entitled to the protections provided by this Order. The required notice and documentation shall be as follows: DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 322 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 18 i. For a commercial tenant 1 whose primary business in the location for which rent is at issue is a substantially limited business, notice and documentation that indicates any loss of income or increase in expenses due to COVID-19 is sufficient and a statement written by the tenant in a single communication may constitute both notice and documentation. If the tenant has received compensation for financial impacts related to COVID-19 through business interruption insurance or federal or state government relief funds or other programs that provide such compensation, the notice and documentation must state the compensation received and explain why it does not enable the tenant to pay rent. ii. For any other commercial tenant 1, notice asserting that the tenant has suffered financial impacts related to COVID-19 that have resulted in a substantial loss of income or substantial increase in expenses that has materially negatively affected its ability to pay rent together with supporting documentation sufficient to demonstrate that the loss of income or increase in expenses: (A) is related to COVID-19; and (B) has a material negative effect on the tenant’s ability to pay rent, which documentation may include, but is not limited to, a profit and loss statement, a letter from an accountant, or a written explanation setting out an objectively verifiable explanation of the financial impacts the tenant is experiencing. If the tenant has received compensation for financial impacts related to COVID-19 through business interruption insurance or federal or state government relief funds or other programs that provide such compensation, the notice and documentation must state the compensation received, which shall be considered when determining whether the tenant has experienced a substantial loss of income or substantial increase in expenses that has materially negatively affected its ability to pay rent. c. A landlord of a commercial tenant 1 may not, during the term of this Order or thereafter, charge or collect a late fee or penalty for rent that is delayed for reasons stated in this Order if such rent is paid within twelve months after June 30, 2020. A landlord of a commercial tenant 1 may not, during the term of this Order, or thereafter, charge or collect interest that would accrue on such rent during the term of this Order or for three months thereafter. d. A landlord may not recover rent that is delayed for reasons stated in this Order if the landlord has already obtained compensation for the rent through federal or state government relief funds or other programs that provide such compensation. 15. A landlord must provide each commercial tenant 1 and, until August 31, 2020, each commercial tenant 2 with the following notices: a. A landlord must provide, in accordance with the procedures set forth below, a notice that states: “You might be protected from eviction under certain circumstances, including nonpayment of rent due to financial impacts related to COVID-19. If you are unable to pay rent due to financial impacts related to COVID-19, you must provide notice and documentation to your landlord in writing within 30 days after rent is due. For additional information, contact the City of Santa Monica’s Coronavirus Hotline at (310) 458-8400 or visit santamonica.gov/coronavirus.” This notice must be provided to tenants in writing by mail or email, or by posting in a conspicuous location in the lobby of the property, near a mailbox used by tenants of the property, or in or near a public entrance to the property. The notice must be written in the language that the landlord normally uses for verbal communications with the tenant. b. A landlord must include an additional copy of the same notice with any Notice to Pay Rent or Quit, Notice to Perform Covent or Quit, Notice to Terminate, and any other notice given as part of an eviction process, in bold underlined 12-point or larger font. DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 323 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 19 c. If a landlord files an unlawful detainer action during the period in which the Judicial Council Emergency Rules prohibit courts from issuing a summons in an unlawful detainer action unless necessary to protect public health and safety, the landlord must serve the tenant with a copy of the complaint within 3 days of filing the complaint. d. A landlord who has provided notice as required under Section 15(a) of this Order to a commercial tenant under a previous revision of this Order is not required to provide an additional notice to the tenant under Section 15(a) of this Order. 16. Any medical or financial information that a commercial tenant provides to a landlord to seek protections provided by this Order shall be held in confidence and only used as documentation for processing the tenant’s claim under this Order. 17. This Order grants a commercial tenant 1, a commercial tenant 2 through August 31, 2020, and a commercial tenant 3 through June 30, 2020, the following affirmative defenses: a. This Order grants an affirmative defense that may be raised at any time in an unlawful detainer action in the event that the action is commenced based on nonpayment of rent due to the financial impacts of COVID-19 as described above in this Order after the tenant has provided the landlord with the required notice and documentation. Such notice and documentation shall create a rebuttable presumption that a tenant is unable to pay rent due to financial impacts related to COVID-19. b. In addition, this Order grants an affirmative defense that may be raised at any time in an unlawful detainer action in the event that the action is commenced when the landlord failed to include the required notice language in an eviction notice, as described above in Section 15(b) of this Order. c. The affirmative defense granted by Section 17(a) of this Order shall apply to all actions on or after March 18, 2020. The affirmative defense granted by Section 17(b) of this Order shall apply for actions taken on or after April 24, 2020. 18. Nothing set forth in this order is intended to preclude a landlord of a commercial tenant from pursuing that commercial tenant for unpaid rent in a civil action other than an unlawful detainer action in which the landlord does not seek to regain possession of the premises. 19. Landlords and commercial tenants are encouraged to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19. So long as the landlord has provided the notice required by Section 15 above and has not acted in violation of Section 20 below, this Order shall not preclude such a modification to a rental agreement or payment plan between a landlord and commercial tenant that waives or modifies any rights under this Order. GENERAL PROVISIONS 20. A landlord may not deceive a tenant in connection with the rights and obligations under this Order. For purposes of this section, “deceive” includes intentional misrepresentation, negligent misrepresentation, concealment of a material fact, or false promise. 21. A landlord who serves an eviction notice in bad faith and without reasonable grounds, or files or pursues an eviction action in bad faith and without reasonable grounds that terminates in the tenant’s favor, or otherwise seeks to wrongfully terminate a tenancy or evict a tenant shall be liable under this Order. DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 324 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 20 22. A landlord who serves an eviction notice before receiving any notice from a tenant asserting that the tenant is entitled to the protections set forth in this Order shall not be deemed to have acted in bad faith if the landlord withdraws such eviction notice promptly after being informed by the tenant that the tenant is entitled to the protections of this Order. 23. This Order shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as a misdemeanor pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for each violation of any provision of this Order shall be up to a maximum of $1,000. Pursuant to Santa Monica Municipal Code Section 1.09.040(c), a later payment charge of 10% of the applicable fine shall be imposed for the payment of an administrative fine imposed pursuant to this Order after its due date. 24. The Fourth Revised First Supplement is hereby retracted. This Fifth Revised First Supplement expressly supersedes and replaces the Fourth Revised First Supplement and shall apply retroactively to actions taken with respect to residential tenants beginning March 14, 2020 and to actions taken with respect to commercial tenants beginning March 18, 2020. 25. Except as otherwise provided, this Order shall take effect immediately and shall remain in effect until July 31, 2020, unless extended or expressly superseded by a duly enacted Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency Services. /// /// DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 325 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 21 26. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 17th day of June 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: 0F1FD614-2024-495B-B0D5-FFBB24D0E6C6 3.L.d Packet Pg. 326 Attachment: C-20200617.Fifth_Revised_First_Sup-Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 1 REVISED FOURTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Executive Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non- payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Executive Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and Rick Cole City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: BB954DB3-33E2-42B6-A2D2-4DFD4AF8E8B2 3.L.e Packet Pg. 327 Attachment: D-20200317.Revised_Supplement_4_-_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 2 WHEREAS, on March 16, 2020, the Executive Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have all issued recommendations including but not limited to social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS the recommendations from the California Department of Public Health include that, in order to protect public health and slow the rate of transmission of COVID-19, large gatherings, including outdoor gatherings, that include 250 people or more should be postponed or canceled through at least the end of March unless essential; and WHEREAS the recommendations from the California Department of Health include that businesses, employers, and event organizers should take steps to ensure that social distancing of six feet per person for non-family members is maintained; and WHEREAS, on March 15, 2020, the Centers for Disease Control and Prevention announced guidance that events and gatherings, whether planned or spontaneous, that include 50 or more people should be cancelled for a period of eight weeks to prevent the spread of COVID- 19 unless they can be carried out with adherence to guidelines for protecting vulnerable populations, hand hygiene, and social distancing; and WHEREAS the Los Angeles County of Public Health has confirmed 69 cases of COVID- 19 in the County and has advised that bold and aggressive measures to prevent the further spread of COVID-19; and WHEREAS in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Rick Cole, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: // // DocuSign Envelope ID: BB954DB3-33E2-42B6-A2D2-4DFD4AF8E8B2 3.L.e Packet Pg. 328 Attachment: D-20200317.Revised_Supplement_4_-_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 3 IT IS HEREBY ORDERED THAT: 1. The following uses shall be permitted in all zoning districts: (a) A public safety facility, as defined by Section 9.51.030(A)(10) of the Santa Monica Municipal Code, shall be a permitted use in all zoning districts. (b) A hospital or clinic, as defined by Section 9.51.030(A)(8) of the Santa Monica Municipal Code, shall be a permitted use in all zoning districts. (c) An emergency shelter, as defined by Section 9.51.020(A)(4) of the Santa Monica Municipal Code, shall be a permitted use in all zoning districts. Establishment of and development standards for all of the above-listed uses shall be approved by the Director of Emergency Services upon recommendation by the Director of the Department of Planning and Community Development or his designee. No conditional use permit or temporary use permit shall be required for any of the above-listed uses. Development standards, design review, parking and access requirements and sign standards related to any of the above-listed uses may be waived at the discretion of Director of the Department of Planning and Community Development or his designee. 2. Restaurant, Limited Service and Take-Out, as defined by Section 9.51.030(B)(8)(c) of the Santa Monica Municipal Code, and Restaurant, and Eating and Drinking Establishment, with Drive-Through Facility, as defined by Section 9.51.030(B)(8)(d) of the Santa Monica Municipal Code, shall be permitted uses in all zoning districts where Restaurant, Limited Service and Take- Out or Restaurant, Full-Service, as defined by Section 9.51.030(B)(8)(b) of the Santa Monica Municipal Code, is a permitted use. 4. Notwithstanding any provision in Article IX of the Santa Monica Municipal Code, drive-through facilities shall be permitted for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants. 5. All provisions of laws, ordinances, regulations, resolutions, rules and statues, including but not limited to provisions contained in the Housing Accountability Act, Permit Streamlining Act, California Environmental Quality Act, the Subdivision Map Act, and Article IX of the Santa Monica Municipal Code establishing review deadlines and authorizing automatic approvals are hereby suspended. 6. Interim Zoning Ordinances currently in effect are hereby extended and shall not expire during the term of this Order. 7. Street sweeping shall not be conducted unless essential for public health and safety. Accordingly, parking citations associated with street sweeping are hereby suspended. 8. Preferential parking rules are hereby suspended. 9. Section 3.12.680 of the Santa Monica Municipal Code related to regulation of operation of vehicles over a certain size is hereby suspended. Drivers of oversize vehicles are required to follow the truck route network specified in Section 3.12.680 of the Santa Monica Municipal Code unless and until they need to deviate to reach their destination. DocuSign Envelope ID: BB954DB3-33E2-42B6-A2D2-4DFD4AF8E8B2 3.L.e Packet Pg. 329 Attachment: D-20200317.Revised_Supplement_4_-_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 4 10. All user fees related to Breeze bike share are hereby suspended. 11. The Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby retracted. This Revised Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency expressly supersedes and replaces that prior Order. 12. This Order shall take effect immediately and shall remain in effect until March 31, 2020, at 11:59 p.m, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. ADOPTED this 17th day of March 2020. By: _________________________ RICK COLE City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN LANE DILG City Clerk City Attorney DocuSign Envelope ID: BB954DB3-33E2-42B6-A2D2-4DFD4AF8E8B2 3.L.e Packet Pg. 330 Attachment: D-20200317.Revised_Supplement_4_-_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 1 REVISED FIFTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Executive Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non- payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Executive Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and Rick Cole City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: 5C032B15-C375-40BE-89F3-619EDAA53677 3.L.f Packet Pg. 331 Attachment: E-20200318.Revised_Supplement_5_-_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 2 WHEREAS, on March 16, 2020, the Executive Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 17, 2020, the Executive Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order” to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non-family members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS these public health recommendations and City orders impact daily life in the community as well as the livelihood and economic wellbeing of residents and businesses; and WHEREAS loss of income as a result of COVID-19 may inhibit City residents and businesses from fulfilling their financial obligations, including public utility payments such as water and sewage charges and parking penalties; and WHEREAS, ensuring that all people in the City continue to have access to running water during this public health crisis will enable compliance with public health directives that people regularly wash their hands will help to prevent the further spread of COVID-19; and WHEREAS the health and safety of the City’s Motor Coach Operators and the continued safe delivery of transit services to our customers and the community is of the utmost importance; and WHEREAS the Los Angeles County of Public Health has confirmed 144 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive measures to prevent the further spread of COVID-19; and DocuSign Envelope ID: 5C032B15-C375-40BE-89F3-619EDAA53677 3.L.f Packet Pg. 332 Attachment: E-20200318.Revised_Supplement_5_-_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 3 WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Rick Cole, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. The Big Blue Bus shall, on or before March 20, 2020, implement a rear-door boarding policy for all BBB customers with the exception of ADA customers traveling in mobility devices. In order to implement this policy, customer fare payment on the BBB is hereby suspended. 2. The discontinuation or shut off of water service for residents and businesses in the City for non-payment of water or sewer bills is hereby suspended. 3. The imposition of late payment penalties is hereby suspended for unpaid or delinquent: a. Water and/or sewer bills; b. Parking citations; c. Refuse and recycling collection bills; d. Certified Unified Program Agency (CUPA) charges; e. Fire Prevention inspection charges; f. Transient Occupancy Taxes; g. Utility Users Taxes; and h. Parking Facility Taxes. 4. The parking restrictions and limitations in Santa Monica Municipal Code Section 3.12.730, Green Parking Zones are hereby suspended. 5. Towing is suspended for violations of the California Vehicle Code related to delinquent parking citations (California Vehicle Code Section 22651i), abandoned vehicles (California Vehicle Code Section 22651k) and expired registration (California Vehicle Code Section CVC 22651o). DocuSign Envelope ID: 5C032B15-C375-40BE-89F3-619EDAA53677 3.L.f Packet Pg. 333 Attachment: E-20200318.Revised_Supplement_5_-_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 4 6. All penalty assessments related to business licenses and business improvement district assessments shall be frozen as of March 1, 2020, and suspended thereafter. 7. The Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby retracted. This Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency expressly supersedes and replaces that prior Order. 8. This Order shall take effect immediately and shall remain in effect until April 15, 2020, at 11:59 p.m, at which time it will automatically expire unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. ADOPTED this 18th day of March 2020. By: _________________________ RICK COLE City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN LANE DILG City Clerk City Attorney DocuSign Envelope ID: 5C032B15-C375-40BE-89F3-619EDAA53677 3.L.f Packet Pg. 334 Attachment: E-20200318.Revised_Supplement_5_-_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 1 SIXTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Executive Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non- payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and Rick Cole City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: A48ACB1B-5F41-4DD4-8F4C-0E1E7D2536D2 3.L.g Packet Pg. 335 Attachment: F-20200320.Supplement_6_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 15, 2020, the Executive Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Executive Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 17, 2020, the Executive Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 18, 2020, the Executive Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Executive Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; DocuSign Envelope ID: A48ACB1B-5F41-4DD4-8F4C-0E1E7D2536D2 3.L.g Packet Pg. 336 Attachment: F-20200320.Supplement_6_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non-family members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS, to prevent the spread of COVID-19, the City Manager ordered the closure of City Hall facilities effective March 16, 2020, until at least March 31, 2020, which has impacted the ability of the City’s approximately 2,700 employees to continue performing their regular job duties at the workplace; and WHEREAS, to mitigate the financial impacts on those City employees who are unable to work remotely or who must care for family members as a result of school closures and other public health recommendations, the City has authorized paid administrative leave for a large portion of its workforce through March 31, 2020; and WHEREAS, the expeditious retention of additional staffing is needed to immediately support essential staff members who are currently providing essential public services during this period of emergency; and WHEREAS the Los Angeles County of Public Health has confirmed 292 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive measures to put in place to prevent the further spread of COVID-19; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Rick Cole, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. Notwithstanding any provisions in any memorandum of understanding requiring or recommending the commencement of labor negotiations by a specified date, the negotiations set to commence between the City and the following labor groups for a successor memorandum of understanding to become effective July 1, 2020, are hereby suspended: a. Administrative Team Associates (ATA); b. Fire Executive Management Association (FEMA); c. International Association of Fire Fighters, Santa Monica Fire Fighters Local 1109 (1109); d. International Brotherhood of Teamsters Local 911 (IBT); DocuSign Envelope ID: A48ACB1B-5F41-4DD4-8F4C-0E1E7D2536D2 3.L.g Packet Pg. 337 Attachment: F-20200320.Supplement_6_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 e. Management Team Associates (MTA); f. Municipal Employees Association (MEA); g. Public Attorney’s Union (PAU); h. Police Officers Association (POA); i. The International Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division, Local 1785 (SMART-TD); and j. Supervisory Team Associates (STA). No City official, representative, or agent thereof, shall engage in collective bargaining to establish a successor memorandum of understanding with any foregoing specified labor group unless and until specifically authorized by an Executive Order or resolution adopted by the City Council. 2. Santa Monica City Charter sections 1100 and 1108, and Santa Monica Municipal Code sections 2.04.060, 2.04.080, 2.04.140, and 2.04.250 pertaining to the administration of competitive examinations for the purpose of establishing eligibility lists and making appointments from such lists are hereby suspended. 3. The requirements set forth in the fourth paragraph of Santa Monica City Charter section 1107 pertaining to the basis for promotions and filling vacancies are hereby suspended. 4. Santa Monica Municipal Code section 2.04.150 is hereby amended to include appointments not from an eligible list as being subject to a probationary period. 5. The requirement that temporary appointees meet the minimum qualifications for the position in Santa Monica Municipal Code section 2.04.200 is hereby suspended. 6. The requirement that limited term appointments be made from an eligibility list in Santa Monica Municipal Code section 2.04.210 is hereby suspended. 7. The requirement that a qualification examination be administered for as-needed appointments and that the appointing authority hire from those applicants who pass the qualification examination in Santa Monica Municipal Code section 2.04.270 is hereby suspended. // // DocuSign Envelope ID: A48ACB1B-5F41-4DD4-8F4C-0E1E7D2536D2 3.L.g Packet Pg. 338 Attachment: F-20200320.Supplement_6_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 8. This Order shall take effect immediately and shall remain in effect until April 30, 2020, at 11:59 p.m, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. ADOPTED this 20th day of March 2020. By: _________________________ RICK COLE City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN LANE DILG City Clerk City Attorney DocuSign Envelope ID: A48ACB1B-5F41-4DD4-8F4C-0E1E7D2536D2 3.L.g Packet Pg. 339 Attachment: F-20200320.Supplement_6_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 SEVENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Executive Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non- payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Executive Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and Rick Cole City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: 9156EF0C-F6CE-42DA-AECF-47E5C6DFCE1B 3.L.h Packet Pg. 340 Attachment: G-20200321.Supplement_7_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 16, 2020, the Executive Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 17, 2020, the Executive Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 18, 2020, the Executive Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Executive Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 20, 2020, the Executive Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and DocuSign Envelope ID: 9156EF0C-F6CE-42DA-AECF-47E5C6DFCE1B 3.L.h Packet Pg. 341 Attachment: G-20200321.Supplement_7_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non-family members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS the Los Angeles County of Public Health has confirmed 292 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive measures to put in place to prevent the further spread of COVID-19; and WHEREAS the California Department of Alcoholic Beverage Control (“ABC”) issued a “Notice of Regulatory Relief” on March 19, 2020, that relaxed several restrictions related to the sale of alcoholic beverages; and WHEREAS, for restaurants that have licenses for on-site sales, whether Type 41 (wine and beer only) or Type 47 (wine, beer and spirits), the Notice of Regulatory Relief specifically allowed 1) “onsite retailers exercising offsite privileges,” which allows for sale of alcoholic beverages in the manufacturer’s pre-packaged container; and 2) “sales of alcoholic beverages to go,” which allows for sale of alcoholic beverages in sealed containers (which could include mixed drinks) along with a food to go order; and WHEREAS, for retailers, the Notice of Regulatory Relief relaxed regulations related to deliveries, permitted sales from 6 am to 2 am notwithstanding shortened hours on a permit, and allowed sales through pass-out windows; and WHEREAS, the Notice of Regulatory Relief did exempt licensees from local ordinances, zoning restrictions, conditional use permits, etc., but ABC articulated that it will not consider any violation of such local controls to constitute a violation of a State license; and WHEREAS, the ABC determined that increased social distancing requirements called for relaxation of prior regulations as set forth in the Notice of Regulatory Relief and secondary effects that previously were of concern would be significantly mitigated by those same social distancing requirements; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Rick Cole, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: DocuSign Envelope ID: 9156EF0C-F6CE-42DA-AECF-47E5C6DFCE1B 3.L.h Packet Pg. 342 Attachment: G-20200321.Supplement_7_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 IT IS HEREBY ORDERED THAT: 1. Off-site alcohol sales shall be permitted for Restaurants, Full-Service, as that term is defined by Section 9.51.030(B)(8)(b) of the Santa Monica Municipal Code, and Restaurants, and Limited-Service and Take-Out, as that term is defined by Section 9.51.030(B)(8)(c) of the Santa Monica Municipal Code that: a. Have obtained and are operating under license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (“ABC”); b. Have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code; and c. Conduct such sales in accordance with all conditions and requirements set forth in ABC’s Notice of Regulatory Relief issued on March 19, 2020, including, but not limited to, provisions related to On-Sale Retailers Exercising Off-Sale Privileges and Sales of Alcoholic Beverages To Go. 2. Retail sales of alcohol shall be permitted in accordance with the conditions and requirements set forth in ABC’s Notice of Regulatory Relief issued on March 19, 2020 for Convenience Markets, as that term is defined by Section 9.52.030(B)(10)(a) of the Santa Monica Municipal Code, General Markets, as that term is defined by Section 9.51.030(B)(10)(c) of the Santa Monica Municipal Code, and Liquor Stores, as that term is defined by Section 9.51.030(B)(10)(d) that: a. Have obtained and are operating under a license to sell alcoholic beverages from ABC; and b. Have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code; and c. Conduct such sales in accordance with all conditions and requirements set forth in ABC’s Notice of Regulatory Relief issued on March 19, 2020, including, but not limited to, Off-Sale Transactions Through Pass-Out Windows, Hours of Operations for Retail Sales, and Deliveries to Consumers. 3. This Order shall take effect immediately and shall remain in effect until April 30, 2020, at 11:59 p.m, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. ADOPTED this 21st day of March 2020. By: _________________________ RICK COLE City Manager Director of Emergency Services DocuSign Envelope ID: 9156EF0C-F6CE-42DA-AECF-47E5C6DFCE1B 3.L.h Packet Pg. 343 Attachment: G-20200321.Supplement_7_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN LANE DILG City Clerk City Attorney DocuSign Envelope ID: 9156EF0C-F6CE-42DA-AECF-47E5C6DFCE1B 3.L.h Packet Pg. 344 Attachment: G-20200321.Supplement_7_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 EIGHTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Executive Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non- payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Executive Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and Rick Cole City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: 1D4D7339-7F58-4336-829E-D3813613BF85 3.L.i Packet Pg. 345 Attachment: H-20200322.Supplement_8_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 16, 2020, the Executive Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 17, 2020, the Executive Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 18, 2020, the Executive Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Executive Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 20, 2020, the Executive Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and DocuSign Envelope ID: 1D4D7339-7F58-4336-829E-D3813613BF85 3.L.i Packet Pg. 346 Attachment: H-20200322.Supplement_8_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Executive Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non-family members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS the Los Angeles County of Public Health has confirmed 351 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive measures to put in place to prevent the further spread of COVID-19; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. DocuSign Envelope ID: 1D4D7339-7F58-4336-829E-D3813613BF85 3.L.i Packet Pg. 347 Attachment: H-20200322.Supplement_8_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 NOW, THEREFORE, I, Rick Cole, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. All directives included in Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020, (the "Governor's Stay at Home Order") and in Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020, (the "County Department of Public Health's Safer at Home Order"), including any later amendments or successors thereto, are hereby adopted as rules and regulations of the City of Santa Monica pursuant to Section 2.16.060(f)(1) of the Santa Monica Municipal Code. 2. Should the directives of the Governor's Stay at Home Order and the County Department of Public Health's Safer at Home Order conflict, the stricter regulation shall apply unless expressly acknowledged otherwise by both the Governor and the County Department of Public Health. 3. All directives included in the Governor's Stay at Home Order and the County Department of Public Health's Safer at Home Order shall hereby be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100. The County Department of Public Health’s Safer at Home Order shall also be enforceable by the Santa Monica Police Department pursuant to Health and Safety Code Sections 120295 and 131082. 4. Sections 1 and 2 of the Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued March 14, 2020 (“Revised First Supplement”) shall be enforceable as set forth in Section 2.16.100 of the Santa Monica Municipal Code or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this Order shall be as follows: $1,000 per violation. 5. Section 3 of the Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, issued March 15, 2020 (“Second Supplement”) shall be enforceable as set forth in Section 2.16.100 of the Santa Monica Municipal Code or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this Order shall be as follows: (a) for violations by individuals: $100 for the first violation; $250 for a second violation committed within one year for the first violation; and $500 for a third violation or subsequent violations committed within one year of the first violation; and (b) for violations by businesses: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. DocuSign Envelope ID: 1D4D7339-7F58-4336-829E-D3813613BF85 3.L.i Packet Pg. 348 Attachment: H-20200322.Supplement_8_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 6. Sections 1 through 3 and 6 through 8 of the Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued March 16, 2020 (“Third Supplement”) shall be enforceable as set forth in Section 2.16.100 of the Santa Monica Municipal Code or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this Order shall be as follows: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. 7. Section 1 of this Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued March 22, 2020 (“Eighth Supplement”) shall be enforceable as set forth in Section 3 of this Eighth Supplement or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this Order shall be as follows: (a) for violations by individuals: $100 for the first violation; $250 for a second violation committed within one year for the first violation; and $500 for a third violation or subsequent violations committed within one year of the first violation; and (b) for violations by businesses: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. 8. In addition, pursuant to Santa Monica Municipal Code 1.09.040(c), a late payment charge of 10% of the applicable fine shall be imposed for the payment of an administrative fine imposed pursuant to section 4, 5, 6, or 7 of this Eighth Supplement after its due date. 9. For the duration of the local emergency declared on March 13, 2020, late payment charges associated with administrative citations for violations of provisions of Supplements or Revised Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency or of any other section of the Santa Monica Municipal Code shall be waived. Following termination of the local emergency, any unpaid administrative citations that remain unpaid shall, after 30 days, be subject to regular late payment charges. 10. The provisions of the Revised First, Second, Third, and Eighth Supplements referenced in sections 4, 5, 6, and 7 of this Eighth Supplement shall be enforceable as misdemeanors or through the issuance of administrative citations by any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090. DocuSign Envelope ID: 1D4D7339-7F58-4336-829E-D3813613BF85 3.L.i Packet Pg. 349 Attachment: H-20200322.Supplement_8_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 11. This Order shall take effect immediately and shall remain in effect until April 30, 2020, at 11:59 p.m, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. ADOPTED this 22nd day of March 2020. By: _________________________ RICK COLE City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN LANE DILG City Clerk City Attorney DocuSign Envelope ID: 1D4D7339-7F58-4336-829E-D3813613BF85 3.L.i Packet Pg. 350 Attachment: H-20200322.Supplement_8_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 NINTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus Rick Cole City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: 5B444F85-73F2-48EB-AA07-C467905104CB 3.L.j Packet Pg. 351 Attachment: I-20200327.Supplement_9_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Executive Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non- payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Executive Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Executive Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 17, 2020, the Executive Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 18, 2020, the Executive Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and DocuSign Envelope ID: 5B444F85-73F2-48EB-AA07-C467905104CB 3.L.j Packet Pg. 352 Attachment: I-20200327.Supplement_9_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Executive Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 20, 2020, the Executive Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Executive Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 22, 2020, the Executive Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non-family members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and DocuSign Envelope ID: 5B444F85-73F2-48EB-AA07-C467905104CB 3.L.j Packet Pg. 353 Attachment: I-20200327.Supplement_9_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, the California Public Records Act does not provide a deadline for producing records in response to public records requests and, depending on the scope of the requests and available public agency resources, permits agencies to produce records on a rolling basis to allow agencies additional time to search for, review, and produce non-exempt records and avoid disruption of essential government services; and WHEREAS, as of March 26, 2020, the Los Angeles County of Public Health has confirmed 1,216 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Rick Cole, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: City Facility Closures 1. All social gatherings (events, activities, programs, and gatherings) that were scheduled to occur in City facilities by permit or license during the effective period of this Order shall be cancelled. The Chief Financial Officer shall establish guidelines for processing requests for refunds for cancelled gatherings. 2. Santa Monica City Hall shall be closed to the public during the effective period of this Order. All other City public counters that provide non-essential services to the public shall also remain closed to the public during the effective period of this Order. DocuSign Envelope ID: 5B444F85-73F2-48EB-AA07-C467905104CB 3.L.j Packet Pg. 354 Attachment: I-20200327.Supplement_9_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 City Leases and Licenses 3. Late payment fees for City leases and licenses are waived during the effective period of this Order. 4. Rent payments for City tenants on the Santa Monica Pier are suspended for the month of April. 5. Outdoor dining licenses and outdoor dining license payments for City licensees are suspended for the month of April. 6. The Director of the Department of Housing and Community Development or designee is granted discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California. The Director of the Department of Housing and Community Development or designee is further directed to enter into negotiations with El Camino SBDC and SMC Workforce Development Office regarding technical assistance that could be provided to local businesses regarding accessing federal and state assistance. Public Records Requests 7. During the existence of the City’s local emergency, the City may delay responses and production of records in response to public record requests where such requests (a) require a search for records by departments that are currently not staffed or have limited staff, (b) require a search for records that are stored at closed City facilities and not readily available in electronic form, or (c) require a search for records by City departments or City officials that are focused on responding to the current emergency and protecting the public health and safety of our community. Extension of Santa Monica Fire Department Annual Permits of Operation 8. Santa Monica Fire Department annual permits of operation that are currently set to expire on May 1, 2020, shall be automatically extended by one month and shall now expire on June 1, 2020. 9. This Order shall take effect immediately and shall remain in effect until April 30, 2020, at 11:59 p.m, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. ADOPTED this 27th day of March 2020. By: _________________________ RICK COLE City Manager Director of Emergency Services DocuSign Envelope ID: 5B444F85-73F2-48EB-AA07-C467905104CB 3.L.j Packet Pg. 355 Attachment: I-20200327.Supplement_9_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN LANE DILG City Clerk City Attorney DocuSign Envelope ID: 5B444F85-73F2-48EB-AA07-C467905104CB 3.L.j Packet Pg. 356 Attachment: I-20200327.Supplement_9_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 TENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus Rick Cole City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100 3.L.k Packet Pg. 357 Attachment: J-20200401.Supplement_10_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Executive Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non- payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Executive Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Executive Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 17, 2020, the Executive Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 18, 2020, the Executive Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100 3.L.k Packet Pg. 358 Attachment: J-20200401.Supplement_10_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Executive Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 20, 2020, the Executive Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Executive Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 22, 2020, the Executive Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and, WHEREAS, on March 27, 2020, the Executive Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, and authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100 3.L.k Packet Pg. 359 Attachment: J-20200401.Supplement_10_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 WHEREAS the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have all issued public health recommendations to the community including but not limited to staying home if sick, social distancing from non-family members, canceling or postponing events and gatherings, and taking other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, both the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order include as an essential business allowed to continue to operate construction, operation, inspection and maintenance of construction sites and construction projects (including housing construction); and WHEREAS, the County Department of Public Health’s Safer at Home Order directs all essential businesses to comply with all of the following: (a) enforce social distancing measures, requiring that individuals maintain separation of at least six (6) feet to the extent feasible; (b) provide access to hand washing facilities with soap and water or to hand sanitizer that contains at least 60 percent alcohol; (c) post a sign in a conspicuous place at all public entries that instructs members of the public to not enter if they are experiencing symptoms of respiratory illness, including fever or cough; and (d) adhere to communicable disease control recommendations provided by the Los Angeles County Department of Public Health, including guidance for cleaning and disinfecting the site; and WHEREAS, as of March 31, 2020, the Los Angeles County of Public Health has confirmed 3,011 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100 3.L.k Packet Pg. 360 Attachment: J-20200401.Supplement_10_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 WHEREAS, to prevent the spread of COVID-19 among construction workers, household members of construction workers, and members of the public at and in proximity to construction sites and projects at which construction work remains ongoing, it is necessary to ensure that construction workers at those construction sites and projects are provided with the means to comply, and comply, to the maximum extent possible, with the County Department of Public Health’s Safer at Home Order; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Rick Cole, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. All workers at construction projects and sites at which construction work is occurring (including, but not limited to, public works construction, construction of commercial, office, and institutional buildings, construction of housing projects, and housing improvements) (hereafter, “construction project(s)”) shall: (a) install hand washing facilities with soap and water or hand sanitizer that contains at least 60 percent alcohol at each pedestrian entrance to the project site and ensure that the facilities remain adequately stocked during all times of construction activity; (b) take all appropriate steps, if the construction project is within a residential building in which individuals are residing at the time of the project, to ensure that workers minimize their contact with areas within the building but not within the actual construction project, including limiting workers’ path of travel in an out of the project site, and, for all such areas with which contact is unavoidable, regularly clean and sanitize those areas at least twice daily, including following completion of work each day, and maintain a log of the cleaning schedule to be made available upon request; (c) clean and sanitize any shared equipment or tools at the beginning and end of each shift and maintain a log of the cleaning schedule to be made available upon request; (d) post a sign in a conspicuous place at each pedestrian entrance to the construction site instructing workers and other members of the public (i) to maintain social distancing to the greatest extent feasible, (ii) not to enter the site if there has been recent close contact with someone with laboratory confirmed COVID-19, (iii) not to enter the site if experiencing signs of illness, including fever or cough, (iv) to return home if the worker begins to experience any signs of illness, including fever or cough, and (v) regarding the cleaning and sanitation requirements in sections (b) and (c) above; and (e) not gather in groups of more than three while gathering on site for lunch or other breaks and during such breaks to maintain a distance of six feet from one another at all times. 2. The owner, manager, or operator of any business that, as its primary operation, is engaged in a construction project shall ensure that its employees or independent contractors (a) are provided with everything necessary to comply with Section 1 of this Tenth Supplement and any regulations promulgated under Section 3 of this Tenth Supplement; and (b) comply with Section 1 of this Tenth Supplement and any regulations promulgated under Section 3 of this Tenth Supplement. DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100 3.L.k Packet Pg. 361 Attachment: J-20200401.Supplement_10_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 3. The Building Officer or designee may promulgate regulations regarding compliance with Sections 1 and 2 of this Tenth Supplement and, in relation to construction projects, any of the other requirements imposed on the operations of essential business by the County Department of Public Health’s Safer at Home Order, including any later amendments or successors thereto. No person shall fail to comply with any such regulation. 4. The Building Officer or designee may issue a stop work order at a construction project site at which workers are in violation of Section 1 of this Tenth Supplement or any regulations promulgated under Section 3 of this Tenth Supplement by giving notice in writing to persons engaged in the doing or causing such work to be done. No person shall fail to comply with such a stop work order. Any appeal of a stop work order issued pursuant to section shall comply with Santa Monica Municipal Code Section 8.08.040. 5. Sections 1 through 4 of this Tenth Supplement shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this Tenth Supplement shall be as follows: (a) for violations by individuals: $100 for the first violation; $250 for a second violation committed within one year for the first violation; and $500 for a third violation or subsequent violations committed within one year of the first violation; and (b) for violations by businesses: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate this Tenth Supplement constitutes a separate violation and may be charged and punished separately. 6. Pursuant to Santa Monica Municipal Code 1.09.040(c), a late payment charge of 10% of the applicable fine shall be imposed for the payment of an administrative fine imposed pursuant to Section 5 of this Tenth Supplement after its due date. 7. This Order shall take effect immediately and shall remain in effect until April 30, 2020, at 11:59 p.m, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. ADOPTED this 1st day of April 2020. By: _________________________ RICK COLE City Manager Director of Emergency Services DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100 3.L.k Packet Pg. 362 Attachment: J-20200401.Supplement_10_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN LANE DILG City Clerk City Attorney DocuSign Envelope ID: AF51F8E7-99A2-4A89-B0C1-CAEEF4A3F100 3.L.k Packet Pg. 363 Attachment: J-20200401.Supplement_10_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and TWELFTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a major tourist destination, has two major hospitals and an airport within its jurisdiction, and is adjacent to and contiguous on three sides with the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and across the City’s borders; and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on, before, and after March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and WHEREAS, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective response to the novel coronavirus (“COVID- 19”); and Lane Dilg Interim City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: 2EAF9BD6-6A9A-41D2-9E10-10B83DF439F2 3.L.l Packet Pg. 364 Attachment: K-20200424.Supplement_12_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 14, 2020, the City Manager, in his role as the Director of Emergency Services, issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency in order to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“First Supplement to the Executive Order”) placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending the discontinuation or shut off of water service for residents and businesses in the City for non- payment of water and sewer bills and the imposition of late payment penalties or fees for delinquent water and/or sewer bills and parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Second Supplement to the Executive Order”) temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Third Supplement to the Executive Order”) that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Fourth Supplement to the Executive Order”), which was expressly withdrawn and restated on March 17, 2020 in the Revised Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Revised Fourth Supplement to the Executive Order”); and WHEREAS, on March 17, 2020, the Director of Emergency Services issued the Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street DocuSign Envelope ID: 2EAF9BD6-6A9A-41D2-9E10-10B83DF439F2 3.L.l Packet Pg. 365 Attachment: K-20200424.Supplement_12_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Revised First Supplement to the Executive Order”) prohibiting residential or commercial evictions for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19 or for a no- fault eviction if any member of the household is sick, in isolation, or under quarantine, and prohibiting the removal of any residential rental unit from the rental market pursuant to the Ellis Act during the local emergency; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Fifth Supplement to the Executive Order”), which was expressly withdrawn and restated on March 18, 2020 in the Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Revised Fifth Supplement to the Executive Order”); and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions in green parking zones and suspending towing related to delinquent parking citations, abandoned vehicles, and expired registration; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and DocuSign Envelope ID: 2EAF9BD6-6A9A-41D2-9E10-10B83DF439F2 3.L.l Packet Pg. 366 Attachment: K-20200424.Supplement_12_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Sixth Supplement to the Executive Order”) suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited- term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Seventh Supplement to the Executive Order”) aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Eighth Supplement to the Executive Order”) adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and, WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Ninth Supplement to the Executive Order”) closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and DocuSign Envelope ID: 2EAF9BD6-6A9A-41D2-9E10-10B83DF439F2 3.L.l Packet Pg. 367 Attachment: K-20200424.Supplement_12_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Tenth Supplement to the Executive Order”) (1) requiring the following of all construction projects: (a) handwashing facilities or hand sanitizer to be installed at entrances to construction projects, (b) shared tools and equipment to be sanitized, (d) posting signage instructing workers of the social distancing and sanitation requirements and entrance limitations for ill workers or those in recent close contact with someone diagnosed with COVID- 19, and (d) workers not to gather in groups larger than three during breaks and to maintain a six- foot social distance during such breaks; (2) directing that, if construction is taking place within an occupied residential building, steps must be taken to minimize contact with areas within the building but not within the construction site and to clean and sanitize those areas regularly; and (3) authorizing the Building Officer is to issue a stop work order at any construction site operating in violation of the Governor’s “Stay at Home” Order, the County Department of Public Health’s “Safer at Home” Order or the requirements of the Tenth Supplement; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Second Revised First Supplement to the Executive Order”) enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Eleventh Supplement to the Executive Order”) requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 30, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, the findings included in each Executive Order and Supplement to the Executive Order referenced herein are included herein as if stated in full; and DocuSign Envelope ID: 2EAF9BD6-6A9A-41D2-9E10-10B83DF439F2 3.L.l Packet Pg. 368 Attachment: K-20200424.Supplement_12_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 WHEREAS, the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health have issued increasingly severe public health recommendations that include but are not limited to social distancing between non-family members, staying in one’s home if sick, canceling or postponing group events and gatherings, isolation for senior and at-risk populations, and other precautions to protect public health and prevent transmission of this communicable virus; and WHEREAS, as of April 22, 2020, the Los Angeles County of Public Health has confirmed 16,435 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, as stated in the Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services on March 13, 2020, and ratified by the City Council on March 19, April 6, and April 14, 2020, the above described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and WHEREAS, measures taken to implement social distancing requirements, including the closure of City Hall and other City facilities, have resulted in unavoidable delays in the City’s processing of planning and permit related applications and in actions required to be taken under planning entitlements and permits; WHEREAS, under City Administrative Instruction Number III-2-6 (“City Code of Ethics”), all City of Santa Monica employees are required to decline and not seek gifts, favors, and other special treatment; and WHEREAS, since the issuance of the Proclamation of Existence of a Local Emergency by the Director of Emergency Services, various public agencies and private companies have offered discounts, specials, and subsidies to assist first-responders and disaster workers as they serve the community; and WHEREAS, the City does not wish to deny City first-responders and disaster workers who are working long hours under difficult conditions during the declared emergency the ability to accept certain discounts, specials, and subsidies offered on a general basis by various public agencies and private companies to first-responders and disaster workers during the declared emergency; and WHEREAS, on April 18, 2020, the City Council appointed Lane Dilg as the Interim City Manager, pursuant to which appointment she assumed the position of Director of Emergency Services; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property; DocuSign Envelope ID: 2EAF9BD6-6A9A-41D2-9E10-10B83DF439F2 3.L.l Packet Pg. 369 Attachment: K-20200424.Supplement_12_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council. IT IS HEREBY ORDERED THAT: Tolling Periods 1. All deadlines for planning and permit-related actions established by any provisions of laws, ordinances, regulations, resolutions, rules and statutes, including but not limited to provisions contained in the Housing Accountability Act, Permit Streamlining Act, California Environmental Quality Act, the Subdivision Map Act, and Articles VIII and IX of the Santa Monica Municipal Code, are hereby tolled and extended commencing as of March 13, 2020 through the end of the period in which this Order remains effective. For purposes of this order, “deadlines for planning and permit-related actions” shall include, but not be limited to: a. Deadlines to review, determine the completeness of, or take action on applications for planning entitlements, permits, and approvals issued under Article IX of the Santa Monica Municipal Code. b. Deadlines to open or conclude a public hearing on, or to authorize an automatic approval, denial or disapproval of, applications for planning entitlements, permits, or approvals issued under Article IX of the Santa Monica Municipal Code. c. Deadlines to exercise and continuously pursue the rights granted under planning entitlements, permits and approvals issued under Article IX of the Santa Monica Municipal Code. d. Deadlines for review and approval of applications for a building permit, plan review and related approvals issued under Article VIII of the Santa Monica Municipal Code. e. Deadlines for expiration of issued building permits, plan reviews and related approvals issued under Article VIII of the Santa Monica Municipal Code. 2. All deadlines for planning and permit-related actions shall be tolled and suspended consistent with State law and any directives issued by the Governor. 3. Nothing in this Twelfth Supplement to the Executive Order prohibits the applicable City Departments from continuing to process applications in a reasonable and timely manner. DocuSign Envelope ID: 2EAF9BD6-6A9A-41D2-9E10-10B83DF439F2 3.L.l Packet Pg. 370 Attachment: K-20200424.Supplement_12_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 Community Meeting Alternative for Submission of Administrative Approval 4. For projects eligible for an Administrative Approval under 9.39.020(A)(2) or (3) of the Santa Monica Municipal Code, as amended by Emergency Interim Zoning Ordinance Number 2633 (CCS) adopted on March 10, 2020 (“IZO 2633”), an applicant shall conduct a community meeting in accordance with Section 9.39.040(A) of the Santa Monica Municipal Code as amended by IZO 2633 subject to additional guidelines adopted by the Director to allow for conduct of the meeting in accordance with all directives included in Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020, and in Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020, including any later amendments or successors thereto, as adopted by the Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopted on March 22, 2020. Extended Stays at Hotels/Motels 5. Stays of longer than 30 days shall be permitted in lodging establishments lawfully operating as a Hotel and Motel, as that term is defined in 9.51.030(B)(15)(b) of the Santa Monica Municipal Code. Discounts, Specials, and Subsidies for First Responders and Disaster Workers 6. During the term of the Executive Order, the Gift, Favors and Other Special Treatment section of City Administrative Instruction Number 111-2-6 (Code of Ethics) shall not apply to City first-responders and disaster workers participating in a City-approved public or private discount, specials, and subsidies program. The Emergency Operations Center shall make a list of approved programs available to City first responders and disaster workers. City first responders and disaster workers must still abide by Political Reform Act gift limits and disclosure requirements. 7. This Order shall take effect at 12:01 a.m. on April 25, 2020 shall remain in effect until May 15, 2020, at 11:59 p.m. unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. ADOPTED this 24th day of April 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ________________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Acting City Attorney DocuSign Envelope ID: 2EAF9BD6-6A9A-41D2-9E10-10B83DF439F2 3.L.l Packet Pg. 371 Attachment: K-20200424.Supplement_12_Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 THIRTEENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and Lane Dilg Interim City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: E1A14EEF-8C0F-4EA1-BED3-55C2B3D4751F 3.L.m Packet Pg. 372 Attachment: L-20200508.Supplement_13_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 16, 2020, the Governor of California Governor issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and DocuSign Envelope ID: E1A14EEF-8C0F-4EA1-BED3-55C2B3D4751F 3.L.m Packet Pg. 373 Attachment: L-20200508.Supplement_13_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and DocuSign Envelope ID: E1A14EEF-8C0F-4EA1-BED3-55C2B3D4751F 3.L.m Packet Pg. 374 Attachment: L-20200508.Supplement_13_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of California Governor issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and DocuSign Envelope ID: E1A14EEF-8C0F-4EA1-BED3-55C2B3D4751F 3.L.m Packet Pg. 375 Attachment: L-20200508.Supplement_13_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and DocuSign Envelope ID: E1A14EEF-8C0F-4EA1-BED3-55C2B3D4751F 3.L.m Packet Pg. 376 Attachment: L-20200508.Supplement_13_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 WHEREAS, as of May 6, 2020, the Los Angeles County of Public Health has confirmed 28,644 cases of COVID-19 in Los Angeles County and has advised that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, the City’s Housing Trust Fund Guidelines and Affordable Housing Production Program contemplate that the City’s affordable housing applicants will be selected from the City’s waiting list; and WHEREAS, the City’s Housing Trust Fund Guidelines and Affordable Housing Production Program currently provide a preference for applicants who are either residents of Santa Monica and/or who work at least thirty-six (36) hours per week within the City of Santa Monica; and WHEREAS, the COVID-19 sheltering orders have adversely impacted part-time workers by causing a reduction in work hours per week within the City of Santa Monica, and thus reduced eligibility for those applicants who would otherwise qualify for a preference on the City’s waiting list for affordable housing units in the absence of COVID-19 impacts; and WHEREAS, a reduction in the work hour requirement from thirty-six (36) to twenty-five (25) work hours per week within the City of Santa Monica would allow those applicants with reduced work hours to qualify for a preference on the City’s waiting list during the period that the COVID-19 shelter-in-place orders remain in effect; and WHEREAS, applicants who were employed within the City of Santa Monica at least twenty-five (25) hours per week as of March 1, 2020 and subsequently experienced reduced work hours or loss of employment due to COVID-19 would be eligible for the preference; and WHEREAS, on April 22, 2020, the Governor of California issued Executive Order N-54- 20, suspending Public Resources Code section 42283 for a period of 60 days to the extent that it prohibits retail establishments from (a) providing without charge reusable grocery bags or recycled paper bags to customers at point of sale or (b) where it is not possible to provide reusable grocery bags or recycled paper bags, providing single-use carryout bags to customers at point of sale; and WHEREAS, limiting certain loud construction activities to a 5-hour period during the weekdays will facilitate people being able to remain in their homes or places of residences that are near or abut construction projects while the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order are in place; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: DocuSign Envelope ID: E1A14EEF-8C0F-4EA1-BED3-55C2B3D4751F 3.L.m Packet Pg. 377 Attachment: L-20200508.Supplement_13_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 IT IS HEREBY ORDERED THAT: HTF and AHPP Guidelines 1. The guideline at the top of page 13 of the City’s Housing Trust Fund Guidelines shall be implemented with the following changes: (2) Second priority shall be given to persons who are either: (a) Residents of Santa Monica, or (b) Working in Santa Monica at least 25 hours per week (or did prior to March 1, 2020, but lost employment due to COVID-19-related reasons), or (c) Participate in an approved job training program in Santa Monica, or (d) Have last worked at least 25 hours per week in Santa Monica and are now receiving unemployment, worker’s compensation, vocational rehabilitation benefits, disability benefits, or retirement benefits from the City of Santa Monica. 2. The guideline at the top of page 18 of the City’s Affordable Housing Production Program Guidelines shall be implemented with the following changes: 2) Second Priority Persons who are: (a) Residents of Santa Monica, or (b) Working in Santa Monica at least 25 hours per week (or did prior to March 1, 2020, but lost employment due to COVID-19-related reasons), or (c) Participate in an approved job training program in Santa Monica, or (d) Have last worked at least 25 hours per week in Santa Monica and are now receiving unemployment, worker’s compensation, vocational rehabilitation benefits, disability benefits, or retirement benefits from the City of Santa Monica. Point of Sale Paper and Plastic Bags 3. To the extent they prohibit retail establishments from (a) providing without charge reusable grocery bags or recycled paper bags to customers at point of sale or (b) where it is not possible to provide reusable grocery bags or recycled paper bags, providing single-use plastic carryout bags to customers at point of sale, Santa Monica Municipal Code sections 5.45.020 and 5.45.030 are suspended through the period in which this Order remains in effect, after which time the suspensions of Sections 5.45.020 and 5.45.030 shall automatically expire with no further notice or action. DocuSign Envelope ID: E1A14EEF-8C0F-4EA1-BED3-55C2B3D4751F 3.L.m Packet Pg. 378 Attachment: L-20200508.Supplement_13_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 Further Extension of Santa Monica Fire Department Annual Permits of Operation 4. Santa Monica Fire Department annual permits of operation the expiration of which was extended by one month to June 1 by Section 8 of the Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency are hereby extended by one additional month and shall now expire on July 1, 2020. Loud Construction Activities 5. As used in this Thirteenth Supplement, the following terms are defined as follows: a. “Construction project” means a site or project where construction work is occurring, including construction of commercial, office, and institutional buildings, construction of housing, and housing improvements. For the purposes of this Thirteenth Supplement, construction project does not include public works construction. b. “Loud construction activities” means cement cutting or grinding, sandblasting, or activities involving the use of pile drivers, jackhammers, or pavement breakers, or similar equipment. 6. Notwithstanding anything to the contrary in Santa Monica Municipal Code § 4.12.110, loud construction activities may only take place at construction projects between the hours of 10 a.m. and 3 p.m. Monday through Friday. 7. A permit may be issued authorizing loud construction activities during the times prohibited by Section 6 of this Thirteenth Supplement whenever it is found to be in the public interest. The application for and approval of any such permit shall be governed by Santa Monica Municipal Code § 4.12.110(e). 8. The Building Officer may promulgate regulations to implement Sections 5 through 7 of this Thirteenth Supplement, including, but not limited to, expanding the definition of loud construction activities. No person shall fail to comply with any such regulation. 9. Sections 5 through 7 and any regulations promulgated under Section 8 of this Thirteenth Supplement shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100 or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of, or any regulations issued under, this Thirteenth Supplement shall be as follows: (a) for violations by individuals: $100 for the first violation; $250 for a second violation committed within one year for the first violation; and $500 for a third violation or subsequent violations committed within one year of the first violation; and (b) for violations by businesses: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of, or any regulations issued under, this Thirteenth Supplement constitutes a separate violation and may be charged and punished separately. DocuSign Envelope ID: E1A14EEF-8C0F-4EA1-BED3-55C2B3D4751F 3.L.m Packet Pg. 379 Attachment: L-20200508.Supplement_13_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 10. Pursuant to Santa Monica Municipal Code 1.09.040(c), a late payment charge of 10% of the applicable fine shall be imposed for the payment of an administrative fine imposed pursuant to Section 9 of this Thirteenth Supplement after its due date. General Provisions 11. This Order shall take effect immediately and (i) Section 3 of this Order shall remain in effect until May 15, 2020, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services, and (ii) Sections 1, 2, and 5 through 10 of this Order shall remain in effect while the County Department of Public Health’s Safer at Home Order, including any later amendments or successors thereto, is in place, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. 12. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 8th day of May 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ___________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: E1A14EEF-8C0F-4EA1-BED3-55C2B3D4751F 3.L.m Packet Pg. 380 Attachment: L-20200508.Supplement_13_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 FIFTEENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and Lane Dilg Interim City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: A3BD7801-D6BF-4F37-9D4A-647537B81A2B 3.L.n Packet Pg. 381 Attachment: M-20200515.Supplement_15_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: A3BD7801-D6BF-4F37-9D4A-647537B81A2B 3.L.n Packet Pg. 382 Attachment: M-20200515.Supplement_15_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and DocuSign Envelope ID: A3BD7801-D6BF-4F37-9D4A-647537B81A2B 3.L.n Packet Pg. 383 Attachment: M-20200515.Supplement_15_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and DocuSign Envelope ID: A3BD7801-D6BF-4F37-9D4A-647537B81A2B 3.L.n Packet Pg. 384 Attachment: M-20200515.Supplement_15_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and DocuSign Envelope ID: A3BD7801-D6BF-4F37-9D4A-647537B81A2B 3.L.n Packet Pg. 385 Attachment: M-20200515.Supplement_15_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and DocuSign Envelope ID: A3BD7801-D6BF-4F37-9D4A-647537B81A2B 3.L.n Packet Pg. 386 Attachment: M-20200515.Supplement_15_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions mad via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and DocuSign Envelope ID: A3BD7801-D6BF-4F37-9D4A-647537B81A2B 3.L.n Packet Pg. 387 Attachment: M-20200515.Supplement_15_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, and May 9, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; and permitted the reopening of beaches for limited recreational activities, while retaining closures of beach parking lots, beach bike paths, and piers; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and DocuSign Envelope ID: A3BD7801-D6BF-4F37-9D4A-647537B81A2B 3.L.n Packet Pg. 388 Attachment: M-20200515.Supplement_15_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 WHEREAS, as of May 15, 2020, the Los Angeles County Department of Public Health has confirmed 35,329 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, the May 13, 2020 reopening of the beaches for limited recreational activities is anticipated to result in an increase in traffic in and around the beaches, putting increased pressure on the availability of daytime parking for local residents who are required to remain in their residences for the majority of the time by stay at home orders; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. Section 8 of the Revised Fourth Supplement issued March 17, 2020 pertaining to preferential parking rules is superseded and replaced by this Order. With respect to preferential parking: a. effective as of 12:01 a.m. on May 22, 2020, preferential parking rules in all blocks within Zone 3 will be enforced; and b. preferential parking rules in all zones other than Zone 3 remain suspended. 2. Section 7 of the Revised Fourth Supplement issued March 17, 2020 pertaining to street sweeping is superseded and replaced by this Order. Street sweeping may resume. Individuals are encouraged to comply with signs prohibiting parking to permit street sweeping during the days and times posted, but only during the first full week of each month. Parking citations associated with street sweeping remain suspended. 3. This Order shall take effect immediately and shall remain in effect until June 30, 2020, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. DocuSign Envelope ID: A3BD7801-D6BF-4F37-9D4A-647537B81A2B 3.L.n Packet Pg. 389 Attachment: M-20200515.Supplement_15_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 10 4. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 15th day of May 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: A3BD7801-D6BF-4F37-9D4A-647537B81A2B 3.L.n Packet Pg. 390 Attachment: M-20200515.Supplement_15_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 SIXTEENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and Lane Dilg Interim City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 391 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 392 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 393 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 394 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 395 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 396 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions mad via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 397 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, and May 9, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; and permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 398 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, as of May 18, 2020, the Los Angeles County Department of Public Health has confirmed 38,451 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, the City has a number of Boards, Commissions, and other appointed bodies, many of which serve a primarily or wholly advisory function, and all of which are required to conduct public meetings in accordance with the Brown Act; and WHEREAS, meetings of the majority of the Boards, Commissions, and other appointed bodies have been suspended during the COVID-19 public health emergency pursuant to a directive from the City Manager for purposes of complying with social distancing requirements and due to the amount of staff time necessary to conduct public meetings either in person or via teleconference; and WHEREAS, to reduce the spread of the virus and protect the public health, the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order prohibit restaurants from offering dine-in service and limits restaurants to delivery and takeout offerings only; and WHEREAS, during the COVID-19 emergency, it is critical that restaurants stay open because they are performing essential services, along with grocery stores and other food services, to provide the public with access to food; and WHEREAS, the social/physical distancing measures required to reduce the spread of COVID-19 means that delivery and takeout offerings from restaurants are critical to the public’s accessibility of food; and WHEREAS, many consumers in the City are eager to support local restaurants and use third-party food delivery services to place orders with those restaurants and, as a result, these third-party food delivery services have experienced an uptick in the use of their services during the COVID-19 emergency; and WHEREAS, third-party food delivery services utilize various commission models that can charge a restaurant as high as 30% or more per order, including delivery, marketing and promotion, subscription, and processing fees; and DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 399 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 10 WHEREAS, restaurants, and particularly small family-owned restaurants with few locations, have limited bargaining power to negotiate lower commission fees with third-party food delivery services, especially given that only a few companies in the marketplace provide such delivery services, and face dire financial circumstances during this COVID-19 emergency because take-out and delivery are the only options to keep these essential services in operation; and WHEREAS, capping the maximum fees that third-party food delivery services are permitted to charge restaurants to no more than 15% of the purchase price per order for delivery fees and to no more than 5% of the purchase price per order for all other fees will further the significant and legitimate public purpose of easing the financial burden on struggling restaurants during this public health emergency so that they may remain open and provide essential services to the public while not unduly burdening third-party food delivery services, as up to a 20% fee in aggregate of the purchase price for each order placed through a third-party food delivery service is reasonable and third-party food delivery services are experiencing increased demand for their services during this COVID-19 emergency; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: Boards, Commissions, and Other Appointed Bodies 1. While this Order remains in effect, the Planning Commission, which is established by the City Charter, may resume meetings but should limit its meetings to those absolutely necessary to perform the legislative, quasi-legislative, adjudicative, and quasi-adjudicative duties set forth in City Charter Section 1008(a)-(d). 2. While this Order remains in effect, the following City Boards and Commissions established by the City Charter may resume meetings but should limit their meetings to those absolutely necessary to perform the adjudicative and quasi-adjudicative duties set forth in the following sections of the City Charter: a. Airport Commission: Section 1016(b). b. Library Board: Section 1010(a), (b). DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 400 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 11 c. Personnel Board: Section 1012(a)-(c). d. Recreation & Parks Commission: Section 1014(b). 3. While this Order remains in effect, the following City Boards and Commissions shall not conduct meetings except as absolutely necessary to perform the adjudicative and quasi- adjudicative duties set forth in the following sections of the Santa Monica Municipal Code (“SMMC”): a. Architectural Review Board: SMMC Section 9.55.120(A)-(D) b. Arts Commission: SMMC Sections 2.64.040(g), 9.30.170. c. Building & Fire-Life Safety Commission: SMMC Section 8.08.040(c). d. Landmarks Commission: SMMC Sections 9.56.060(A)-(H) and 9.56.070. 4. While this Order remains in effect, meetings of the following City Boards, Commissions, and other appointed bodies shall remain suspended: Audit Subcommittee, Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee, Commission for the Senior Community, Commission on the Status of Women, Disabilities Commission, Housing Commission, Social Services Commission, Task Force on the Environment, and Urban Forest Task Force. 5. While this Order remains in effect, meetings of the following Boards of City-related non- profits may continue to be conducted: Santa Monica Travel and Tourism, Inc.; Santa Monica Pier Corporation; and Downtown Santa Monica, Inc. 6. All meetings of City Boards, Commissions, and appointed bodies conducted while this Order remains in effect shall be conducted remotely via teleconferencing until such time as the City expressly authorizes such meetings to be conducted in person, after which time any meetings conducted in person shall be conducted in compliance with all social distancing requirements imposed by the stricter of the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order, including any later amendments or successors thereto. 7. This Order does not affect in any way the meetings of the Rent Control Board, an elected City Board. Third-Party Food Delivery Service Charges 8. As used in this Order, the following terms are defined as follows: a. “Delivery fee” means a fee charged by a third-party food delivery service for providing a restaurant with a service that delivers food from such restaurants to customers in the City. The term does not include any other fee that may be charged by a third-party food delivery service to a restaurant, such as fees for listing or advertising the restaurant on the third-party food delivery service platform or fees related to processing the online order. DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 401 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 12 b. “Online order” means any order placed by a customer through or with the assistance of a platform provided by a third-party food delivery service, including a telephone order, for delivery or pickup within the City. c. “Purchase price” means the total price of the items contained in an online order that are listed on the menu of the restaurant where such order is placed. Such term does not include taxes, gratuities, and any other fees that may make up the total cost to the customer of an online order. d. “Restaurant” means an Eating and Drinking Establishment, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8), in the City. e. “Third-party food delivery service” means any website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same- or next-day delivery or same- or next-day day pickup of food and beverages from, no fewer than five restaurants located in the City that are owned and operated by different persons. 9. It shall be unlawful for a third-party food delivery service to charge a restaurant (a) a delivery fee that totals more than 15% of the purchase price of each online order or (b) any fee or fees other than a delivery fee for the use of its service greater than 5% of the purchase price of each online order. 10. The Director of Emergency Services or designee may promulgate regulations to implement the provisions of Sections 8 and 9 of this Order. No person shall fail to comply with any such regulation. 11. Sections 8 and 9 of this Order and any regulations promulgated under Section 10 of this Order shall be enforceable as follows: a. By a restaurant injured by a third-party delivery service that charges fees in violation of this Order, provided that the restaurant issues notice to the third-party delivery service as required by this Subsection 11(a). If a third-party delivery service charges a restaurant a fee that violates Section 9 of this Order or any regulations promulgated under Section 10 of this Order, the restaurant shall provide written notice to the third-party food delivery service requesting a refund within seven days. If the third-party food delivery service does not provide the refund requested after seven days or the third-party food delivery service continues to charge fees in violation of this Order after the initial notice and seven-day cure period, a restaurant may enforce this Order by means of a civil action seeking damages and injunctive relief. The prevailing party in any such action shall be entitled to an award of reasonable attorney fees. For the purposes of clarity, the requirement of providing notice under this Subsection 11(a) does not apply to any enforcement action taken pursuant to Section 11(b) of this Order. DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 402 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 13 b. By the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100 or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of Sections 8 and 9, or any regulations issued under Section 10, of this Order shall not exceed a maximum of $1,000 per violation. Each day or portion of a day that any person violates or continues to violate any provision of Sections 8 and 9, or any regulations issued under Section 10, of this Order constitutes a separate violation and may be charged and punished separately. Pursuant to Santa Monica Municipal Code 1.09.040(c), a late payment charge of 10% of the applicable fine shall be imposed for the payment of an administrative fine imposed pursuant to this Section after its due date. 12. The City Attorney may initiate an investigation to ascertain facts as may be necessary to bring an enforcement action pursuant to Section 11(b) of this Order and, in connection therewith, shall have the investigatory powers as provided in Santa Monica Municipal Code Section 2.32.040. General Provisions 13. Sections 8 through 12 of this Order shall take effect at 12:01 a.m. on May 26, 2020, and shall remain in effect while the County Department of Public Health’s Safer at Home Order, including any later amendments or successors thereto, is in place, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. 14. Sections 1 through 7 of this Order shall take effect immediately and shall remain in effect until June 30, 2020, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. 15. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 403 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 14 ADOPTED this 19th day of May 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ___________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: 3F330091-A7D1-4A3E-AAC5-27C4957EB2BB 3.L.o Packet Pg. 404 Attachment: N-20200519.Supplement_16_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 SEVENTEENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 405 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and strongly urged houses of worship to limit large gatherings on their premises and to observe social distancing practices in their services; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 406 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 407 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 408 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 409 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions mad via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 410 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 411 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 412 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, as of May 28, 2020, the Los Angeles County Department of Public Health has confirmed 49,744 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, in light of the detailed, phased approach to reopening adopted by both the State and County, the City has determined that, as a general matter, reopening of activities and businesses within the City should be permitted in accordance with State and County orders; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 413 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 10 WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. This Order supersedes and replaces the Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued March 16, 2020 (the “Third Supplement”). 2. Except as specified in any subsequent duly enacted Ordinance of the City Council or further Order by the Director of Emergency Services, the closure and reopening of businesses within the City of Santa Monica, including those specified in sections 1 through 4 and 6 through 8 of the Third Supplement, shall be in accordance with applicable State Executive Orders and State Health Officer Orders and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto. 3. Should the directives of State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order conflict, the stricter regulation shall apply unless expressly acknowledged otherwise by both the Governor and the County Department of Public Health. 4. Trucks and other vehicles engaged in the delivery of grocery items to grocery stores, when such items are to be made available for sale to the public, are hereby exempt from having to comply with any City rules and regulations that limit the hours for such deliveries, including, without limitation, Section 9.28.080 of the Santa Monica Municipal Code. 5. This Order shall take effect immediately and shall remain in effect until June 30, 2020, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services. 6. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 414 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 11 ADOPTED this 29th day of May 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ___________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: E97DA3D1-9D60-41EA-A4D1-35F42C38D320 3.L.p Packet Pg. 415 Attachment: O-20200529.Supplement 17 - Local Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 Lane Dilg Interim City Manager Office of the City Manager 1685 Main Street PO Box 2200 Santa Monica, CA 90407-2200 THIRD REVISED EIGHTEENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 416 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 417 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 418 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and 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 DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 419 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 420 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 421 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 422 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 423 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 424 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 10 WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to specified conditions; and permitted restaurants and other food facilities that provide sit-down, DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 425 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 11 dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County safer at home order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and 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 DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 426 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 12 Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June 12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community for Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 11 Safer At Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for 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 DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 427 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 13 42283’s prohibitions relating to retail establishments providing bags to customers at point of sale; and WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of the Community Development Department for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary 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 DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 428 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 14 WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 18 Safer At Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and 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 DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 429 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 15 reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28- 20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 28 Safer At Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as required or to comply with social distancing requirements imposed by the County Safer at Home orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020, DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 430 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 16 to, with respect to the November 3, 2020 general municipal election, reduce the number of nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010 would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County Monitoring List and have been on the list for three consecutive days, which included Los Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care services (including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 1 Safer At Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through July 31, 2020, or any later date expressly stated within the text of an individual supplement; and 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, DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 431 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 17 including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; clarify that having a face covering visible and immediately ready to put on whenever within 30 feet of another non-household member is intended to satisfy the face covering requirement when walking, running, biking, or otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited inquiries to those asserting exemptions from the face covering because of medical condition, mental health condition, or disability to prevent fraudulent assertions of such exemptions; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty- Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which extended the eviction moratorium for residential tenants implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement to August 31, 2020; and WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 14 Safer At Home Order with the exceptions that it stated its intent to continue to ensure that County residents remain in their residences as much as practicable to limit close contact with others outside their household in both indoor and outdoor spaces; reemphasized that all persons who can telework or work from home should continue to do so as much as possible; restated that all gatherings of people who are not part of a single household or living unit are prohibited except for the limited purposes expressly permitted by the order; recognized that the State Public Health Officer requires all public and private schools within the County of Los Angeles to remain closed to in-person learning until certain criteria are satisfied and issued reopening protocols for schools permitted to reopen to in-person learning; directed that individuals instructed by their medical provider not to wear a face covering should wear a face shield with a drape on the bottom edge as long as their condition permits it; and included revised reopening protocols for various types of businesses; and WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty- Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised 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 DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 432 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 18 that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through August 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 18 Safer At Home Order with the exception that it provided clarification regarding when elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated requirements for childcare facilities to specify childcare must be carried out in stable groups of 12 or fewer children in the same group each day, instead of 10; and aligned with new guidance for institutes of higher education; and WHEREAS, as of August 16, 2020, the Los Angeles County Department of Public Health has confirmed 223,131 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, permitting restaurants and other eligible businesses to temporarily extend their operations to the areas adjacent to the restaurant, any parking, courtyard, plaza, or other private open space area owned or leased by the restaurant or eligible business, or adjacent public parking spaces for outdoor dining or business activities in accordance with this Order will enable the restaurants and other eligible businesses to operate safely during the pendency of this COVID-19 emergency; and WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the imposition of fees for the private commercial use of public property; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 433 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 19 IT IS HEREBY ORDERED THAT: Extension of Deadlines for Planning, Review, and Permit-Related Actions 1. Sections 2 through 6 of this Order supersede and replace Section 5 of the Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued March 17, 2020, and Sections 1 through 3 of the Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued April 24, 2020. 2. All deadlines for planning, review, and permit-related actions established by any provisions of laws, ordinances, regulations, resolutions, rules and statutes, including but not limited to provisions contained in the Housing Accountability Act, Permit Streamlining Act, California Environmental Quality Act, the Subdivision Map Act, and Articles VIII and IX of the Santa Monica Municipal Code, are hereby extended for a period of two years, as set forth in Section 4 below subject to the limitation in Section 3 below. For purposes of this Order, “deadlines for planning, review, and permit-related actions” shall include, but not be limited to the following: a. Deadlines to review, determine the completeness of, or take action on applications pending as of March 13, 2020, or submitted between March 13, 2020 and the expiration of this Order, for planning entitlements, permits, and approvals issued under Article IX of the Santa Monica Municipal Code. b. Deadlines to open or conclude a public hearing on, or to authorize an automatic approval, denial or disapproval of, applications pending as of March 13, 2020, or submitted between March 13, 2020 and the expiration of this Order, for planning entitlements, permits, or approvals issued under Article IX of the Santa Monica Municipal Code. c. Deadlines for review and approval of applications pending as of March 13, 2020, or submitted between March 13, 2020 and the expiration of this Order, for a building permit, plan review and related approvals issued under Article VIII of the Santa Monica Municipal Code. d. Deadlines to exercise and continuously pursue the rights granted under planning entitlements, permits and approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and the expiration of this Order under Article IX of the Santa Monica Municipal Code. e. Deadlines for expiration of issued building permits, plan reviews and related approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and the expiration of this Order under Article VIII of the Santa Monica Municipal Code. 3. All deadlines for planning, review, and permit-related actions shall be extended for two years only to the extent consistent with State law and any directives issued by the Governor, and DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 434 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 20 to the extent State law or any directives issued by the Governor require that the extension be limited to a lesser period, this Order shall implement an extension limited to that lesser period. 4. Notwithstanding anything to the contrary in this Order, there shall be no extension of deadlines for planning, review, and permit-related actions relating to compliance with timelines set forth in Chapters 8.58, 8.60, 8.64, 8.76, and 8.80 of the Santa Monica Municipal Code, and, in particular, the time limits for compliance as set forth in Sections 8.58.050, 8.60.040, 8.64.060, 8.76.060, and 8.80.060 of the Santa Monica Municipal Code, unless an application was pending as of March 13, 2020, or submitted between March 13, 2020 and the expiration of this Order. For the sake of clarity, the deadlines for planning, review, and permit-related actions relating to compliance with timelines set forth in Chapter 8.72 for soft story buildings and, specifically, the time limits for compliance in Section 8.72.050 shall be extended as set forth in Section 2. 5. The extension implemented by Sections 2 and 3 above shall mean that the date on which action would otherwise have been required to be taken in the absence of this Order shall be extended by two years, or such lesser time as may be required in accordance with Section 3 of this Order, from the later of the expiration of this Order or the date on which action would otherwise have been required to be taken in the absence of this Order.. 6. Nothing in Sections 2 through 5 of this Order prohibits the applicable City Departments from continuing to process applications in a reasonable and timely manner. Nothing in Sections 2 through 5 shall be deemed to create any legal entitlement to the extension granted by this Order. City Leases and Licenses 7. Sections 8 through 13 of this Order supersede and replace Sections 3 through 6 of the Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued March 27, 2020. 8. Late payment fees for City leases and licenses are waived during the effective period of Sections 8 through 13 of this Order. 9. Rent payments for City tenants on the Santa Monica Pier are suspended for the months of April, May, and June 2020. 10. Outdoor dining license payments for City licensees are suspended for the months of April, May, June, July, August, September, and October 2020. 11. The Director of the Department of Housing and Economic Development or designee, or the Director of the Community Development Department or designee, is granted discretion to suspend additional rent or license payments for the months of April, May, June, July, August, September, and October 2020 for City tenants and licensees whose operations have been closed or significantly restricted pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California. 12. The Director of the Department of Housing and Economic Development or designee, or the Director of the Community Development Department or designee, is further granted discretion to establish and implement, through administrative direction, guidelines, and/or DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 435 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 21 regulations, a rent deferment program for City commercial tenants that defers rent and license payments until the emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California that closed or significantly restricted the operations of tenants and licensees are lifted or modified such that business are authorized to open to the public and any remaining restrictions do not require a significant reduction in operating levels. 13. The Director of the Department of Housing and Economic Development or designee, or the Director of the Community Development Department or designee, is further directed to enter into negotiations with El Camino SBDC and SMC Workforce Development Office regarding technical assistance that could be provided to local businesses regarding accessing federal and state assistance. Extension of Delinquency Date for Business License Renewals 14. The definitions in Santa Monica Municipal Code Section 6.04.010 apply to the words and phrases used in Sections 14 through 18 of this Order. In addition, as used in Sections 14 through 18 of this Order: a. “Current licensee” means any licensee who, as of the date of this Order, holds a valid City of Santa Monica annual business license that, pursuant to Santa Monica Municipal Code Section 6.04.110(c), shall expire on June 30, 2020; b. “Delinquent date” means the date on which penalties begin to accrue for nonpayment of a current licensee’s yearly license renewal fee pursuant to Santa Monica Municipal Code Section 6.04.160; and c. “Extension application” means an application submitted by a current licensee, in the form prescribed pursuant to Section 16 of this Order, requesting an extension of the delinquent date from September 1, 2020 to November 1, 2020. 15. The Finance Director or designee may approve an extension application submitted by a current licensee who demonstrates, as determined by the Finance Director or designee in the exercise of his or her absolute discretion, that the current licensee’s ability to pay the yearly annual license renewal fee before September 1, 2020 has been adversely affected by economic impacts related to COVID-19 following the March 13, 2020 declaration of a local emergency related to COVID-19 or by economic impacts resulting from civil unrest occurring following the May 30, 2020 declaration of a local emergency related to that civil unrest. Upon approval of an extension application, the delinquent date shall be extended from September 1, 2020 to November 1, 2020. 16. To be eligible for an extension of the delinquent date, an extension application must be submitted by no later than August 31, 2020. 17. The Finance Director or designee shall prescribe the form of the extension application. Any extension application shall include a declaration submitted under the penalty of perjury certifying that the current licensee’s ability to pay the yearly annual license renewal fee before September 1, 2020 has been adversely affected by economic impacts related to COVID-19 DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 436 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 22 following the March 13, 2020 declaration of a local emergency related to COVID-19 or by economic impacts resulting from civil unrest occurring following the May 30, 2020 declaration of a local emergency related to that civil unrest. The Finance Director or designee may require a current licensee to submit as part of an extension application such information and supporting data, including additional certifications, as the Finance Director or designee considers necessary to process extension applications. 18. The Finance Director or designee may promulgate regulations to implement Sections 14 through 17 of this Order. Failure by a current licensee to comply with any such regulations may constitute grounds for denial of the current licensee’s extension application or the revocation of any granted extension of the delinquent date. Temporary Outdoor Dining Extension 19. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and phrases used in Sections 19 through 29 of this Order. In addition, as used in Sections 19 through 29 of this Order: a. “Restaurants” mean restaurants, full-service, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), or restaurants, limited-service and take-out, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c). b. “Sidewalk” means a “sidewalk,” as that term is defined by Santa Monica Municipal Code Section 9.52.020.2250, or any portion of the Santa Monica Pier, as that term is defined by Santa Monica Municipal Code Section 6.36.020, that is designated for temporary outdoor dining pursuant to regulations promulgated by the Director of the Community Development Department or designee. For the purposes of Sections 19 through 29 of this Order, sidewalk does not include the sidewalk in the Third Street Promenade. 20. Sections 19 through 29 of this Order apply to legally established restaurants, excluding those located on the Third Street Promenade, that either (a) have an existing outdoor dining permit or (b) have entered into a Temporary COVID-19 Outdoor Encroachment Agreement or received a temporary permit from the Director of the Community Development Department or designee for any outdoor dining permitted under this Order that encroaches on the sidewalk. The Director of the Community Development Department or designee shall be authorized to draft and enter into a Temporary COVID-19 Outdoor Encroachment Agreement with an applicant restaurant and may choose to enter into such agreement on such terms as the Director or designee deems necessary and to require the submission of additional information or supporting data to ensure ongoing protection of public health and safety of the City. In lieu of a Temporary COVID-19 Outdoor Encroachment Agreement, the Director of the Community Development Department or designee is authorized to issue a permit for temporary outdoor dining that encroaches on the sidewalk. 21. Restaurants that are permitted to open for on-site food service by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 437 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 23 Safer at Home Order, including any amendments and successors thereto, and that do open for on- site food service in accordance with such orders and any and all social distancing and infection control protocols imposed by such orders, shall be permitted to use the sidewalk area adjacent to the restaurant in accordance with the conditions set forth in Section 23 of this Order. 22. Restaurants with existing outdoor dining permits shall use the space covered by the existing outdoor dining permit in accordance with: (a) all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto; and (b) all conditions of the existing outdoor dining permit. Alcohol may be served only by restaurants that: (a) have obtained and are operating under a license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (“ABC”); and (b) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code. Sales of alcohol shall be conducted in accordance with all requirements and conditions set forth in such licenses and permits, as may be modified by any Notices of Regulatory Relief issued by ABC, the Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring a Local Emergency issued on March 21, 2020, Interim Zoning Ordinance Numbers 2636 (CCS) and 2637, adopted by the City Council on May 12, 2020, and any successors thereto. 23. Restaurants without existing outdoor dining permits and restaurants that seek to use additional sidewalk space that exceeds any area covered by an existing outdoor dining permit, may conduct any such outdoor dining subject to all of the following conditions: a. Restaurants must enter into a Temporary COVID-19 Outdoor Encroachment Agreement with the City, or, if elected by the Director of the Community Development Department or designee pursuant to Section 20, obtain a permit for such encroachment. Any certificate issued by the City for the temporary use of outdoor areas shall be displayed by the restaurant during business hours. b. Outdoor dining must be conducted in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto. c. Outdoor dining on a sidewalk as authorized by this Order shall be conducted as a temporary accessory use to a legally established restaurant that is located on the parcel or on an adjacent parcel. Nothing in this Order shall be considered an entitlement or permit for use of an outdoor dining and seating area, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(9), or to confer any vested rights to any ongoing or continuing activities beyond the expiration of this Order . d. Adequate pedestrian access on the sidewalk must be provided and maintained, which is considered to be no less than five (5) feet of unobstructed access. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 438 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 24 e. Alcohol may be served only by restaurants that: (i) have obtained and are operating under a license to sell alcoholic beverages from ABC; and (ii) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code. Sales shall be conducted in accordance with all requirements and conditions set forth in such licenses and permits, as may be modified by any Notices of Regulatory Relief issued by ABC, the Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring a Local Emergency issued on March 21, 2020, Interim Zoning Ordinance Numbers 2636 (CCS) and 2637, adopted by the City Council on May 12, 2020, and any successors thereto. f. Furnishings for outdoor dining are limited to movable tables, chairs, floor coverings, umbrellas or canopies that are secured and maintain the height clearance for sidewalk or pedestrian passage, and electric cordless lighting (collectively, “temporary furnishings”). Any canopy (i) must have all sides open (i.e., it cannot be an enclosed tent), (ii) must be sufficiently secured to meet wind load requirements, (iii) may not exceed 700 square feet, and (iv) may not be utilized in close proximity to a propane heater (e.g., a propane heater may not be placed underneath a canopy). All temporary furnishings, other than tables and chairs, shall be removed every day upon closing of the outdoor dining service. Any tables and chairs not removed upon closing of business shall be secured against the building and leave at least five (5) feet of unobstructed access on the sidewalk. In addition to the temporary furnishings above, propane heaters are permitted so long as the restaurant (i) has an existing or obtains a propane heater permit from the Santa Monica Fire Department, (ii) complies with the Santa Monica Fire Department’s Fire Prevention Policy Number 1-9 on Portable Propane Heaters, and (iii) secures or removes the propane heater(s) every day upon closing of the business. Table lamps using liquid fuel, candles, or any fixtures other than a propane heater using an open flame are not permitted. Lighting fixtures may also be temporarily affixed to the exterior portion of the building occupied by the restaurant facing the outdoor dining area, provided that any such lighting meets applicable California Electrical Code standards and any required building permits are obtained. Other decorative lighting plugged into a legal outlet is also permitted, provided that such lighting is strung overhead, maintains height clearance for sidewalk or pedestrian passage, and the electrical cord is not placed on the sidewalk, or if it is not feasible to string the lighting overhead, any extension cord must be covered with a flat and bright extension cord cover that is ADA accessible. . Barriers are not permitted, except for temporary barriers required by ABC pursuant to the Fourth Notice of Regulatory Relief issued on May 15, 2020. Any such temporary barriers, if used, must be removed along with all other temporary furnishings (other than those specifically exempted by this subsection) every day upon closing of the outdoor dining service, and must comply with the requirements imposed on use of other furnishings by subsection h below. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 439 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 25 g. A single, non-permanent sign with the restaurant’s name and an attached menu may be placed within the outdoor dining area in an area visible to pedestrians on the sidewalk or adjacent pedestrian area. This sign shall be removed along with all other temporary furnishings (other than those specifically exempted by subsection f) upon closing of the outdoor dining service and must comply with the requirements imposed on use of other furnishings by subsection h below. h. Temporary furnishings, signs, propane heaters, and temporary barriers used for outdoor dining shall not block any portion of the full width of any legal exit from the building or any exit path from such legal exit to the public right of way. A minimum of a 44-inch wide exit path is required to be maintained from each legal exit from the building to the public right of way. i. Outdoor dining areas are for sit-down food and beverage service only; no stand-up service is permitted. j. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the outdoor dining area on the public sidewalk or right-of-way. Outdoor dining areas shall be kept clear of litter at all times and must be cleaned (swept and mopped) with all litter removed each day upon closing of the outdoor dining service. The outdoor dining area shall be maintained by the restaurant, at its sole cost, in a clean and orderly manner at all times. All food or drink spills must be immediately removed from the sidewalk area. k. Hours of operation of the outdoor dining area shall not exceed the hours of operation of the associated restaurant, subject to limitations on alcohol sales set forth in all applicable permits, license, and regulations. l. Any outdoor dining area use shall be in compliance with the noise restrictions in Chapter 4.12 of the Santa Monica Municipal Code. m. All forms of speaker amplification are prohibited in association with the outdoor dining permitted under this Section. n. The area used for outdoor dining authorized by this Order (including, as applicable, any outdoor dining in a private outdoor space or in a parklet) may not exceed the area necessary, in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home order, including any amendments and successors thereto, to permit the combined occupancy of inside dining and outdoor dining to match the maximum occupancy of the restaurant, including any previously permitted outdoor dining area, prior to imposition of the social distancing and infection control protocols. o. In the event the restaurant seeks to use sidewalk space in front of an adjacent tenant space(s) or building(s), the restaurant shall obtain prior written consent from the DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 440 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 26 property owner or tenant of the adjacent building and furnish such consent to the City upon request. p. The City maintains the right to verify the square footage of the temporary outdoor dining area and to make periodic inspections of the sidewalk used for temporary outdoor dining at any time and without notice to the restaurant. q. The restaurant shall, (i) in the event of an emergency, as determined by the City, immediately remove any temporary furnishings, signs, propane heaters, and temporary barriers; or (ii) if not an emergency, remove any temporary furnishings, signs, propane heaters, and temporary barriers within 48 hours of the City’s written request. If the restaurant fails to timely remove its temporary furnishings, signs, propane heaters, and temporary barriers as required by this Section, the City may, at the restaurant’s expense, remove the temporary furnishings, signs, propane heaters, and temporary barriers and recover its costs for its work from the restaurant. r. For temporary outdoor dining pursuant to Sections 19 through 29 of this Order on any sidewalk (including any portion of the Pier), the City reserves the right to modify, through amending any regulations promulgated pursuant to Section 27, the portions of the sidewalk (including portions of the Pier)that may be utilized for temporary outdoor dining, including eliminating portions for temporary outdoor dining entirely. Any restaurant utilizing such portions of the sidewalk (including portions of the Pier) for temporary outdoor dining shall, as applicable, modify or cease their temporary outdoor dining operations no later than 10 days after the Director of the Community Development Department or designee has provided written notice to the restaurant of the amended regulations. s. The City reserves the right to terminate or suspend immediately any Temporary COVID-19 Outdoor Encroachment Agreement if the City determines that there is an emergency situation that poses a risk to the public health, safety or welfare. In such a case, City will provide written notice of termination or suspension as soon as reasonably possible. t. Either the City or the restaurant may at any time, without cause, terminate the Temporary COVID-19 Outdoor Encroachment Agreement on 30 days’ prior written notice to the other party. u. Compliance with all applicable laws and regulations, including, but not limited to, the American with Disabilities Act. v. Compliance with minimum insurance requirements for outdoor dining activities taking place on the sidewalk as permitted in this Order, as set forth in the Temporary COVID-19 Outdoor Encroachment Agreement or, if applicable, temporary permit. w. Compliance with any other condition(s) required by regulations promulgated pursuant to Section 27. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 441 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 27 24. Sections 3.12.360, 4.68.040, 5.06.020, 6.116.010, and provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate temporary outdoor dining activities authorized by this Order. 25. If a tenant has granted consent under Section 23(o), nothing in this Order relieves that tenant from any obligation or laws relating to any consent required of the property owner. 26. No earlier than November 1, 2020 and after the City has provided 30 days notice to restaurants that have entered into a Temporary COVID-19 Outdoor Encroachment Agreement or, if applicable, obtained a temporary permit for outdoor dining as authorized by this Order, the City is authorized to assess a monthly fee for temporary outdoor dining on the sidewalk to restaurants. Such a fee shall (i) be due on the first of each month and, if not received by the City within three days after it is due, be subject to a 10% late charge; (ii) be based on the square footage of the temporary outdoor dining area, and (iii) comply with the rates for “Outdoor Dining Area without a Barrier,” as adjusted annually in accordance with the Consumer Price Index, as set forth in Resolution No. 10586 (CCS), adopted by the City Council on June 21, 2011. The rate for any restaurant operating on portions of the Pier designated for temporary outdoor dining shall be the same as the rate identified in Resolution No. 10586 (CCS) for “Other Streets.” Notwithstanding the foregoing, the City may not assess a fee for any month if, as of the first of that month, the County Department of Public Health’s Safer at Home Order has not authorized restaurants to resume indoor operations at 50% or greater occupancy. For purposes of clarity, the monthly rate per square foot for “Outdoor Dining Area without a Barrier” in 2020 is as follows: Location Outdoor Dining Area without a Barrier Transit Mall (Santa Monica Boulevard/ Broadway) $2.66 Ocean Avenue $2.48 Montana Avenue $2.20 Wilshire Boulevard $2.12 Main Street $2.12 Ocean Park Boulevard $2.12 Pico Boulevard $2.12 Other Streets $2.12 27. The Director of the Community Development Department or designee may promulgate regulations to implement Sections 19 through 26 of this Order. Such regulations may include, but are not limited to, the imposition of an application or permit fee, restrictions on hours of DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 442 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 28 operation, and additional conditions for conducting the temporary outdoor dining use authorized by this Order. 28. The City, in its sole and complete discretion, may suspend or revoke any temporary outdoor dining use authorized by Sections 19 through 29 of this Order for, among other things, any failure to comply with: (a) the conditions as set forth in Section 23 of this Order; (b) the payment provision in Section 26; (c) any regulations issued pursuant to Section 27 of this Order, (d) any other applicable law. 29. In addition to or in lieu of any suspension or revocation pursuant to Section 28, Sections 19 through 23 and any regulations promulgated under Section 27 of this Order (collectively, the “temporary use restrictions”) shall be enforceable by an Enforcement Officer, as that term is defined by Santa Monica Municipal Code Section 1.09.020, through the issuance of an administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of the temporary use restrictions by a restaurant shall be: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of the temporary use restrictions constitutes a separate violation and may be charged and punished separately. Temporary Outdoor Dining Extension for Third Street Promenade 30. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and phrases used in Sections 30 through 40 of this Order. In addition, as used in Sections 30 through 40 of this Order: a. “Promenade outdoor dining area” means any portion of the sidewalk or roadway in the Third Street Promenade that is designated for temporary outdoor dining pursuant to regulations promulgated by the Director of the Community Development Department or designee. b. “Restaurants” mean restaurants, full-service, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), or restaurants, limited-service and take-out, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c). 31. Sections 30 through 0 of this Order apply to legally established restaurants on the Third Street Promenade that either (a) have an existing outdoor dining permit or (b) have entered into a temporary outdoor encroachment agreement or received a temporary permit from the Director of the Community Development Department or designee for any outdoor dining permitted under this Eighteenth Supplement that encroaches on the Promenade outdoor dining area. The Director of the Community Development Department or designee shall be authorized to draft and enter into a temporary outdoor encroachment agreement with an applicant restaurant and may choose to enter into such agreement on such terms as the Director or designee deems necessary and to require the submission of additional information or supporting data to ensure ongoing protection DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 443 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 29 of public health and safety of the City. In lieu of a temporary outdoor encroachment agreement, the Director of the Community Development Department or designee is authorized to issue a permit for temporary outdoor dining that encroaches on the Promenade outdoor dining area. 32. Restaurants that are permitted to open for on-site food service by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto, and that do open for on- site food service in accordance with such orders and any and all social distancing and infection control protocols imposed by such orders, shall be permitted to use the Promenade outdoor dining area in accordance with the conditions set forth in Section 34 of this Order. 33. Restaurants on the Third Street Promenade with existing outdoor dining permits shall use the space covered by the existing outdoor dining permit in accordance with: (a) all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto; and (b) all conditions of the existing outdoor dining permit. Alcohol may be served only by restaurants that: (a) have obtained and are operating under a license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (“ABC”); and (b) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code. Sales of alcohol shall be conducted in accordance with all requirements and conditions set forth in such licenses and permits, as may be modified by any Notices of Regulatory Relief issued by ABC, the Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring a Local Emergency issued on March 21, 2020, Interim Zoning Ordinance Numbers 2636 (CCS) and 2637, adopted by the City Council on May 12, 2020, and any successors thereto. 34. Restaurants on the Third Street Promenade without existing outdoor dining permits and restaurants that seek to use the Promenade outdoor dining area that exceeds any area covered by an existing outdoor dining permit may conduct any such outdoor dining subject to all of the following conditions: a. The restaurant must enter into a temporary outdoor encroachment agreement with the City or, if elected by the Director of the Community Development Department or designee pursuant to Section 31, obtain a permit for use of the Promenade outdoor dining area as authorized by this Order. Any certificate issued by the City for the temporary use of outdoor areas shall be displayed by the restaurant during business hours. b. Outdoor dining must be conducted in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto. c. Outdoor dining authorized by this Order shall be conducted as a temporary accessory use to a legally established restaurant that is located on the parcel, on an DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 444 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 30 adjacent parcel, or, if the outdoor dining is conducted on a sidewalk, adjacent to the outdoor dining space. Nothing in this Order shall be considered an entitlement or permit for use of an outdoor dining and seating area, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(9), or to confer any vested rights to any ongoing or continuing activities beyond the expiration of this Order . d. Adequate pedestrian access on the sidewalk and roadway in the Third Street Promenade must be provided and maintained, which is considered to be no less than five (5) feet of unobstructed access. e. Alcohol may be served only by restaurants that: (i) have obtained and are operating under a license to sell alcoholic beverages from ABC; and (ii) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code. Sales shall be conducted in accordance with all requirements and conditions set forth in such licenses and permits, as may be modified by any Notices of Regulatory Relief issued by ABC, the Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring a Local Emergency issued on March 21, 2020, Interim Zoning Ordinance Numbers 2636 (CCS) and 2637, adopted by the City Council on May 12, 2020, and any successors thereto. f. Furnishings for outdoor dining in the Promenade outdoor dining area are limited to movable tables, chairs, floor coverings, umbrellas or canopies that are secured and maintain the height clearance for sidewalk or pedestrian passage, and electric cordless lighting (collectively, “temporary furnishings”). Any canopy (i) must have all sides open (i.e., it cannot be an enclosed tent), (ii) must be sufficiently secured to meet wind load requirements, (iii) may not exceed 700 square feet, and (iv) may not be utilized in close proximity to a propane heater (e.g., a propane heater may not be placed underneath a canopy). All temporary furnishings, other than tables and chairs, shall be removed every day upon closing of the outdoor dining service. Any tables and chairs not removed upon closing of business shall be secured against the building and leave at least five (5) feet of unobstructed access on the sidewalk. In addition to the temporary furnishings above, propane heaters are permitted so long as the restaurant (i) has an existing or obtains a propane heater permit from the Santa Monica Fire Department, (ii) complies with the Santa Monica Fire Department’s Fire Prevention Policy Number 1-9 on Portable Propane Heaters, and (iii) secures or removes the propane heater(s) every day upon closing of the business. Table lamps using liquid fuel, candles, or any fixtures other than a propane heater using an open flame are not permitted.. Lighting fixtures may also be temporarily affixed to the exterior portion of the building occupied by the restaurant facing the Promenade outdoor dining area, provided that any such lighting meets applicable California Electrical Code standards and any required building permits are obtained. Other decorative lighting plugged into a legal outlet is also permitted, provided that such lighting is strung overhead, maintains height clearance for sidewalk or pedestrian passage, and the electrical cord is not placed on DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 445 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 31 the sidewalk, or if it is not feasible to string the lighting overhead, any extension cord must be covered with a flat and bright extension cord cover that is ADA accessible. Barriers are not permitted, except for temporary barriers required by ABC pursuant to the Fourth Notice of Regulatory Relief issued on May 15, 2020. Any such temporary barriers, if used, must be removed along with all other temporary furnishings (other than those specifically exempted by this subsection) every day upon closing of the outdoor dining service, and must comply with the requirements imposed on use of other furnishings by subsection h below. g. A single, non-permanent sign with the restaurant’s name and an attached menu may be placed within the Promenade outdoor dining area in an area visible to pedestrians on the sidewalk or roadway in the Third Street Promenade or adjacent pedestrian area. This sign shall be removed along with all other temporary furnishing (other than those specifically exempted by subsection f) upon closing of the outdoor dining service and must comply with the requirements imposed on use of other furnishings by subsection h below. h. Temporary furnishings, signs, propane heaters, and temporary barriers used for outdoor dining shall not block any portion of the full width of any legal exit from the building or any exit path from such legal exit to the public right of way. A minimum of a 44-inch wide exit path is required to be maintained from each legal exit from the building to the public right of way. i. Promenade outdoor dining areas are for sit-down food and beverage service only; no stand-up service is permitted. j. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the Promenade outdoor dining area on the public sidewalk, roadway, or right-of-way. Promenade outdoor dining areas shall be kept clear of litter at all times and must be cleaned (swept and mopped) with all litter removed each day upon closing of the outdoor dining service. The outdoor dining area shall be maintained by the restaurant, at its sole cost, in a clean and orderly manner at all times. All food or drink spills must be immediately removed from the sidewalk area. k. Hours of operation of the Promenade outdoor dining area shall not exceed the hours of operation of the associated restaurant, subject to limitations on alcohol sales set forth in all applicable permits, license, and regulations. l. Any Promenade outdoor dining area use shall be in compliance with the noise restrictions in Chapter 4.12 of the Santa Monica Municipal Code. m. All forms of speaker amplification are prohibited in association with the outdoor dining permitted under this Section. n. The Promenade outdoor dining area may not exceed the area necessary, in accordance with all social distancing and infection control protocols imposed by DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 446 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 32 applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home order, including any amendments and successors thereto, to permit the combined occupancy of inside dining and outdoor dining to match the maximum occupancy of the restaurant, including any previously permitted outdoor dining areas, prior to imposition of the social distancing and infection control protocols. o. In the event the restaurant seeks to use Promenade outdoor dining area space in front of an adjacent or neighboring tenant space(s) or building(s), the restaurant shall obtain prior written consent from the property owner or tenant of the adjacent or neighboring building and furnish such consent to the City upon request. p. The City maintains the right to verify the square footage of the Promenade outdoor dining area and to make periodic inspections of the Promenade outdoor dining area at any time and without notice to the restaurant. q. The restaurant shall, (i) in the event of an emergency, as determined by the City, immediately remove any temporary furnishings, signs, propane heaters, and temporary barriers; or (ii) if not an emergency, remove any temporary furnishings, signs, propane heaters, and temporary barriers within 48 hours of the City’s written request. If the restaurant fails to timely remove its temporary furnishings, signs, propane heaters, or temporary barriers as required by this Section, the City may, at the restaurant’s expense, remove the temporary furnishings, signs, propane heaters, and temporary barriers and recover its costs for its work from the restaurant. r. The City reserves the right to modify, through amending any regulations promulgated pursuant to Section 38, the portions of the sidewalk or roadway in the Third Street Promenade that is designated as Promenade outdoor dining area, including eliminating portions for temporary outdoor dining entirely. Any restaurant utilizing such portions of the Promenade outdoor dining area, shall, as applicable, modify or cease their temporary outdoor dining operations no later than 10 days after the Director of the Community Development Department or designee has provided written notice to the restaurant of the amended regulations. s. The City reserves the right to terminate or suspend immediately any temporary outdoor encroachment agreement if the City determines that there is an emergency situation that poses a risk to the public health, safety or welfare. In such a case, City will provide written notice of termination or suspension as soon as reasonably possible t. Either the City or the restaurant may at any time, without cause, terminate the temporary outdoor encroachment agreement on 30 days’ prior written notice to the other party. u. Compliance with all applicable laws and regulations, including, but not limited to, the American with Disabilities Act. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 447 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 33 v. Compliance with minimum insurance requirements, as set forth in the temporary outdoor encroachment agreement or, if applicable, permit. w. Compliance with any other condition(s) required by regulations promulgated pursuant to Section 38. 35. Sections 3.12.360, 4.68.040, 5.06.020, 6.116.010, and provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate temporary outdoor dining activities authorized by this Order. 36. If a tenant has granted consent under Section 34(o), nothing in this Order relieves that tenant from any obligation or laws relating to any consent required of the property owner. 37. No earlier than November 1, 2020 and after the City has provided 30 days notice to restaurants that have entered into a temporary outdoor encroachment agreement or, if applicable, obtained a temporary permit for outdoor dining as authorized by this Order, the City is authorized to assess a monthly fee for use of the Promenade outdoor dining area to restaurants. Such a fee shall (i) be due on the first of each month and, if not received by the City within three days after it is due, be subject to a 10% late charge; (ii) be based on the square footage of the Promenade outdoor dining area utilized by the restaurant, and (iii) comply with the rates for “Outdoor Dining Area without a Barrier,” as adjusted annually in accordance with the Consumer Price Index, as set forth in Resolution No. 10586 (CCS), adopted by the City Council on June 21, 2011. Notwithstanding the foregoing, the City may not assess a fee for any month if, as of the first of that month, the County Department of Public Health’s Safer at Home Order has not authorized restaurants to resume indoor operations at 50% or greater occupancy. For purposes of clarity, the monthly rate per square foot for “Outdoor Dining Area without a Barrier” in 2020 for the Third Street Promenade is $2.66 per square foot. 38. The Director of the Community Development Department or designee may promulgate regulations to implement Sections 30 through 37 of this Order. Such regulations may include, but are not limited to, the imposition of an application or permit fee, restrictions on hours of operation, and additional conditions for conducting the temporary outdoor dining use authorized by this Order. 39. The City, in its sole and complete discretion, may suspend or revoke any temporary outdoor dining use authorized by Sections 30 through 40 of this Order, for, among other things, any failure to comply with: (a) the conditions as set forth in Section 34; (b) the payment provision in Section 37; (c) any regulations issued pursuant to Section 38 of this Order, or (d) any other applicable law. 40. In addition to or in lieu of any suspension or revocation pursuant to Section 39, Sections 30 through 34 and any regulations promulgated under Section 38 of this Order (collectively, the “temporary use restrictions”) shall be enforceable by an Enforcement Officer, as that term is defined by Santa Monica Municipal Code Section 1.09.020, through the issuance of an administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 448 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 34 Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of the temporary use restrictions by a restaurant shall be: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of the temporary use restrictions constitutes a separate violation and may be charged and punished separately. Temporary Outdoor Business Activity Use Extension 41. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and phrases used in Sections 41 through 51 of this Order. In addition, as used in Sections 41 through 51 of this Order: a. “Eligible business” means the business has a current business license with the City and has received any necessary entitlements from the City to operate and the use is a non-residential use classification and is permitted or conditionally permitted in the district, other than a liquor store or automobile/vehicle service and repair, minor or major, as those terms are defined by Santa Monica Municipal Code Section 9.51.030. b. “Sidewalk” means (i) a “sidewalk,” as that term is defined by Santa Monica Municipal Code Section 9.52.020.2250, (ii) any portion of the Santa Monica Pier, as that term is defined by Santa Monica Municipal Code Section 6.36.020, that is designated for temporary eligible business activity pursuant to regulations promulgated by the Director of the Community Development Department or designee, or (iii) any portion of the sidewalk in the Third Street Promenade. 42. Sections 41 through 51 of this Order apply to legally established eligible businesses, that have entered into a temporary outdoor encroachment agreement with the City or obtained a temporary permit for outdoor eligible business activities permitted under this Order that encroaches on the sidewalk. 43. Eligible businesses that are permitted to open by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto, and that do open in accordance with such orders and any and all social distancing and infection control protocols imposed by such orders, shall be permitted to use the sidewalk area adjacent to the eligible business in accordance with the conditions set forth in Section 44. 44. An eligible business may utilize the sidewalk area adjacent to the eligible business subject to all of the following conditions: a. For any encroachment on the sidewalk, eligible businesses must enter into a temporary outdoor encroachment agreement with the City or, if elected by the Director of the Community Development Department or designee pursuant to Section 47, obtain a permit for such encroachment. Any certificate issued by the DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 449 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 35 City for the temporary use of outdoor areas shall be displayed by the eligible business during business hours. b. All eligible business activity must be conducted in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto. c. Eligible business activity authorized by this Order shall be conducted as a temporary accessory use to a legally established business that is located on the parcel, on an adjacent parcel, or, if the eligible business activity is conducted on a sidewalk, adjacent to the eligible business. Nothing in this Order shall be considered an entitlement or permit for permanent use of any sidewalk area or to confer any vested rights to any ongoing or continuing activities beyond the expiration of this Order. d. Adequate pedestrian access on the sidewalk must be provided and maintained, which is considered to be no less than five (5) feet of unobstructed access. e. Furnishings for outdoor eligible business activities authorized by this Order are limited to movable tables, chairs, bookcases, floor covering, exercise equipment, planter boxes, garment racks, displays of merchandise, umbrellas or canopies that are secured and maintain the height clearance for sidewalk or pedestrian passage, electric cordless lighting, and other temporary décor (collectively, “temporary furnishings”). Any canopy (i) must have all sides open (i.e., it cannot be an enclosed tent), (ii) must be sufficiently secured to meet wind load requirements, (iii) may not exceed 700 square feet, and (iv) may not be utilized in close proximity to a propane heater (e.g., a propane heater may not be placed underneath a canopy). All temporary furnishings, other than tables and chairs, shall be removed every day upon closing of the eligible business. Any tables and chairs not removed upon closing of business shall be secured against the building and leave at least five (5) feet of unobstructed access on the sidewalk. In addition to the temporary furnishings above, propane heaters are permitted so long as the eligible business (i) has an existing or obtains a propane heater permit from the Santa Monica Fire Department, (ii) complies with the Santa Monica Fire Department’s Fire Prevention Policy Number 1-9 on Portable Propane Heaters, and (iii) secures or removes the propane heater(s) every day upon closing of the business. Table lamps using liquid fuel, candles, or any fixtures other than a propane heater using an open flame are not permitted. Lighting fixtures may be temporarily affixed to the exterior portion of the building occupied by the eligible business facing the outdoor eligible business activity, provided that any such lighting meets applicable California Electrical Code standards and any required building permits are obtained. Other decorative lighting plugged into a legal outlet is also permitted, provided that such lighting is strung overhead, maintains height clearance for sidewalk or pedestrian passage, and the electrical cord is not placed on the sidewalk, or if it is not feasible to string the lighting overhead, any extension cord must be covered with a flat and DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 450 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 36 bright extension cord cover that is ADA accessible. All temporary furnishings (unless otherwise exempted by this subsection) shall be removed every day upon closing of the eligible business. Barriers are not permitted. f. A single, non-permanent sign with the eligible business’s name may be placed within the outdoor eligible business activity area in an area visible to pedestrians on the sidewalk or adjacent pedestrian area. This sign shall be removed along with all other temporary furnishings (other than those specifically exempted by subsection e) upon closing of the business and must comply with the requirements imposed on use of other furnishings by subsection g below. g. Temporary furnishings and signs used for eligible business activity shall not block any portion of the full width of any legal exit from the building or any exit path from such legal exit to the public right of way. A minimum of a 44-inch wide exit path is required to be maintained from each legal exit from the building to the public right of way. h. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the outdoor eligible business activity area on the public sidewalk or right-of-way. Outdoor eligible business activity areas shall be kept clear of litter at all times and must be cleaned (swept and mopped) with all litter removed each day upon closing of the eligible business. The outdoor eligible business activity area shall be maintained by the eligible business, at its sole cost, in a clean and orderly manner at all times. All food or drink spills must be immediately removed from the sidewalk area. i. Hours of operation of the outdoor eligible business activity area shall not exceed the hours of operation of the associated eligible business. j. Any outdoor eligible business activity area use shall be in compliance with the noise restrictions in Chapter 4.12 of the Santa Monica Municipal Code. k. All forms of speaker amplification are prohibited in association with the outdoor eligible business activity permitted under this Section. l. The area used for outdoor eligible business activity (including, as applicable, any eligible business activity in a parklet or private outdoor space) may not exceed the area necessary, in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home order, including any amendments and successors thereto, to permit the combined occupancy of inside eligible business and outdoor eligible business activity to match the maximum occupancy of the eligible business, prior to imposition of the social distancing and infection control protocols. m. All merchandise or services displayed in the sidewalk shall be of the same types ordinarily sold indoors at the associated eligible business. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 451 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 37 n. In the event the eligible business seeks to use sidewalk space in front of an adjacent tenant space(s) or building(s), the eligible business shall obtain prior written consent from the property owner or tenant of the adjacent building and furnish such consent to the City upon request. o. The City maintains the right to verify the square footage of the temporary outdoor eligible business activity area and to make periodic inspections of the sidewalk used for temporary outdoor eligible business activity at any time and without notice to the eligible business. p. The eligible business shall, (i) in the event of an emergency, as determined by the City, immediately remove any temporary furnishings, signs, and propane heaters; or (ii) if not an emergency, remove any temporary furnishings, signs, and propane heaters within 48 hours of the City’s written request. If the eligible business fails to timely remove its temporary furnishings, signs, or propane heaters as required by this Section, the City may, at the eligible business’s expense, remove the temporary furnishings, signs, propane heaters, and temporary barriers and recover its costs for its work from the eligible business. q. For temporary outdoor eligible business activities on the sidewalk, including any portion of the Pier or the sidewalk in the Third Street Promenade, the City reserves the right to modify, through amending any regulations promulgated pursuant to Section 49, the portions of the sidewalk (including any portion of the Pier or the sidewalk in the Third Street Promenade) that may be utilized for temporary outdoor eligible business activities, including eliminating portions for temporary outdoor eligible business activities entirely. Any eligible business utilizing such portions of the sidewalk (including any portion of the Pier or the sidewalk in the Third Street Promenade) for temporary outdoor temporary outdoor eligible business activities shall, as applicable, modify or cease their temporary outdoor eligible business activities operations no later than 10 days after the Director of the Community Development Department or designee has provided written notice to the eligible business of the amended regulations. r. The City reserves the right to terminate or suspend immediately any temporary outdoor encroachment agreement if the City determines that there is an emergency situation that poses a risk to the public health, safety or welfare. In such a case, City will provide written notice of termination or suspension as soon as reasonably possible s. Either the City or the eligible business may at any time, without cause, terminate the temporary outdoor encroachment agreement on 30 days’ prior written notice to the other party. t. Compliance with all applicable laws and regulations, including, but not limited to, the American with Disabilities Act. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 452 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 38 u. Compliance with minimum insurance requirements for eligible business activities taking place on the sidewalk as permitted in this Order, as set forth in the temporary outdoor encroachment agreement or, if applicable, temporary permit. v. Compliance with any other condition(s) required by regulations promulgated pursuant to Section 49. 45. Sections 3.12.360, 4.68.040, 5.06.020, 6.116.010, and provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate temporary outdoor eligible business activities authorized by this Order. Notwithstanding the foregoing, eligible businesses shall comply with the requirements of Santa Monica Municipal Code 9.31.060, 9.31.070, 9.31.080, and 9.31.340, to the extent applicable to that eligible business. 46. If a tenant has granted consent under Section 44(n), nothing in this Order relieves that tenant from any obligation or laws relating to any consent required of the property owner. 47. The Director of the Community Development Department or designee shall be authorized to draft and enter into a temporary outdoor encroachment agreement with an applicant eligible business governing outdoor eligible business activity and may choose to enter into such agreement on such terms as the Director or designee deems necessary and to require the submission of additional information or supporting data to ensure ongoing protection of public health and safety of the City. In lieu of a temporary outdoor encroachment agreement, the Director of the Community Development Department or designee is authorized to issue a permit for temporary outdoor eligible business activities that encroach on the sidewalk. 48. No earlier than November 1, 2020 and after the City has provided 30 days notice to eligible businesses that have entered into a temporary outdoor encroachment agreement or, if applicable, obtained a temporary permit for outdoor eligible business activities as authorized by this Order, the City is authorized to assess a monthly fee for temporary outdoor eligible business activities on the sidewalk to eligible businesses. Such a fee shall (i) be due on the first of each month and, if not received by the City within three days after it is due, be subject to a 10% late charge; (ii) be based on the square footage of the temporary outdoor eligible business activity area on the sidewalk, and (iii) comply with the rates for “Outdoor Dining Area without a Barrier,” as adjusted annually in accordance with the Consumer Price Index, as set forth in Resolution No. 10586 (CCS), adopted by the City Council on June 21, 2011, regardless of whether the eligible business is conducting outdoor dining as opposed to other eligible business activities in the sidewalk. The rate for any eligible business operating on portions of the Pier designated for temporary outdoor eligible business activity shall be the same as the rate identified in Resolution No. 10586 (CCS) for “Other Streets.” Notwithstanding the foregoing, the City may not assess a fee for any month if, as of the first of that month, the County Department of Public Health’s Safer at Home Order has not authorized the particular eligible business to resume indoor operations at 50% or greater occupancy. For purposes of clarity, the monthly rate per square foot for “Outdoor Dining Area without a Barrier” in 2020 is as follows: DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 453 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 39 Location Outdoor Dining Area without a Barrier 3rd Street Promenade $2.66 Transit Mall (Santa Monica Boulevard/ Broadway) $2.66 Ocean Avenue $2.48 Montana Avenue $2.20 Wilshire Boulevard $2.12 Main Street $2.12 Ocean Park Boulevard $2.12 Pico Boulevard $2.12 Other Streets $2.12 49. The Director of the Community Development Department or designee may promulgate regulations to implement Sections 41 through 48 of this Order. Such regulations may include, but are not limited to, the imposition of an application or permit fee, restrictions on hours of operation, and additional conditions for conducting the temporary outdoor eligible business activity use authorized by this Order. 50. The City, in its sole and complete discretion, may suspend or revoke any temporary outdoor eligible business activity use authorized by Sections 41 through 51 of this Order, for, among other things, any failure to comply with: (a) the conditions as set forth in Section 44; (b) the payment provision in Section 48; (c) any regulations issued pursuant to Section 49 of this Order, or (d) any other applicable law. 51. In addition to or in lieu of any suspension or revocation pursuant to Section 50, Sections 41 through 44 and any regulations promulgated under Section 49 of this Order (collectively, the “temporary use restrictions”) shall be enforceable by an Enforcement Officer, as that term is defined by Santa Monica Municipal Code Section 1.09.020, through the issuance of an administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of the temporary use restrictions by an eligible business shall be: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of the temporary use restrictions constitutes a separate violation and may be charged and punished separately. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 454 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 40 Temporary Parklet Authorization 52. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and phrases used in Sections 52 through 67 of this Order. In addition, as used in Sections 52 through 67 of this Order: a. “Common area” means areas outside of the parklet and that are within the public right-of-way that are under the control of a Business Improvement District that has entered into a temporary outdoor encroachment agreement or obtained a temporary permit as authorized by this Order. b. “Eligible business” means the business has a current business license with the City and has received any necessary entitlements from the City to operate and the use is a non-residential use classification and is permitted or conditionally permitted in the district, other than a liquor store or automobile/vehicle service and repair, minor or major, as those terms are defined by Santa Monica Municipal Code Section 9.51.030. c. “Parklet” means the use of public parking space(s) (other than accessible parking spaces) or a loading space located in the public right-of-way that are adjacent to each other and at least one of which is adjacent to the eligible business. For purposes of clarity, there may be no parklets on the Third Street Promenade or the Pier. d. “Pilot program parklet” means a City-installed parklet, as part of the Parklet Pilot Program approved by Council, in the public right-of-way adjacent to its operator’s principal place of business. e. “Restaurants” mean restaurants, full-service, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), or restaurants, limited-service and take-out, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c). 53. Sections 52 through 67 of this Order apply to either an individual eligible business or a Business Improvement District that has entered into a temporary outdoor encroachment agreement or obtained a temporary permit for, as applicable, its individual eligible business or eligible businesses or common areas within the Business Improvement District for temporary use of a parklet or parklets as permitted under this Order. 54. Eligible businesses that are permitted to open by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto, and that do open in accordance with such orders and any and all social distancing and infection control protocols imposed by such orders, shall be permitted to use a parklet in accordance with the conditions set forth in Section 55 and the design and safety specifications in Section 56 of this Order. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 455 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 41 55. An eligible business may utilize a parklet subject to all of the following conditions: a. The eligible business or the applicable Business Improvement District must enter into a temporary outdoor encroachment agreement with the City or, if elected by the Director of the Community Development Department or designee pursuant to Section 61, obtain a permit for use of the parklet as authorized by this Order. Any certificate issued by the City for the temporary use of outdoor areas shall be displayed by the eligible business during business hours. b. All eligible business activity must be conducted in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto. c. Eligible business activity authorized by this Order shall be conducted as a temporary accessory use to a legally established business that is located adjacent to the parklet. Nothing in this Order shall be considered an entitlement or permit for permanent use of any temporary parklet, including, but not limited to, a permit for outdoor dining and seating area, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(9), or to confer any vested rights to any ongoing or continuing activities beyond the expiration of this Order. The eligible business’s use of the parklet is temporary and does not constitute an abandonment, whether express or implied, by the City of any of its rights associated with the statutory and customary purposes and use of any operations in the public rights-of-way. d. Adequate pedestrian access on the sidewalk adjacent to the parklet must be provided and maintained, which is considered to be no less than five (5) feet of unobstructed access. e. Alcohol may be served in the parklet only by restaurants that: (i) have obtained and are operating under a license to sell alcoholic beverages from ABC; and (ii) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code. Sales shall be conducted in accordance with all requirements and conditions set forth in such licenses and permits, as may be modified by any Notices of Regulatory Relief issued by ABC, the Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring a Local Emergency issued on March 21, 2020, Interim Zoning Ordinance Numbers 2636 (CCS) and 2637, adopted by the City Council on May 12, 2020, and any successors thereto. f. Furnishings utilized in the parklet or common area, other than traffic barriers required by or decks authorized under Section 56, are limited to movable tables, chairs, bookcases, floor covering, exercise equipment, planter boxes, garment racks, displays of merchandise, umbrellas or canopies that are secured and maintain the DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 456 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 42 height clearance for sidewalk or pedestrian passage, electric cordless lighting, and other temporary décor (collectively, “temporary furnishings”). Any canopy (i) must have all sides open (i.e., it cannot be an enclosed tent), (ii) must be sufficiently secured to meet wind load requirements, (iii) may not exceed 700 square feet, and (iv) may not be utilized in close proximity to a propane heater (e.g., a propane heater may not be placed underneath a canopy). All temporary furnishings, other than tables and chairs, shall be removed every day upon closing of the eligible business. Any tables and chairs not removed upon closing of business shall be (i) secured in the parklet and (ii) removed at the close of business during the weekdays of the first full week of each month for street cleaning (e.g., the week of July 6 and August 3), if the parklet is located on a block where the City has authorized the parking lane closure for an entire City block or segments thereof. In addition to the temporary furnishings above, propane heaters are permitted so long as the eligible business (i) has an existing or obtains a propane heater permit from the Santa Monica Fire Department, (ii) complies with the Santa Monica Fire Department’s Fire Prevention Policy Number 1-9 on Portable Propane Heaters, and (iii) secures or removes the propane heater(s) every day upon closing of the business. Table lamps using liquid fuel, candles, or any fixtures other than a propane heater using an open flame are not permitted. Lighting fixtures may be temporarily affixed to the exterior portion of the building occupied by the eligible business facing the parklet, provided that any such lighting meets applicable California Electrical Code standards and any required building permits are obtained. Other decorative lighting plugged into a legal outlet is also permitted, provided that such lighting is strung overhead, maintains height clearance for sidewalk or pedestrian passage, and the electrical cord is not placed on the sidewalk, or if it is not feasible to string the lighting overhead, any extension cord must be covered with a flat and bright extension cord cover that is ADA accessible. g. A single, non-permanent sign with the eligible business’s name and, if applicable, an attached menu for a restaurant may be placed within the parklet in an area visible to pedestrians on the sidewalk or adjacent pedestrian area. This sign shall be removed along with all other temporary furnishings (other than those specifically exempted by subsection f) upon closing of the business. h. Any outdoor dining in the parklet is for sit-down food and beverage service only; no stand-up service is permitted. i. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the parklet on the public sidewalk or right-of-way. The parklet shall be kept clear of litter at all times and must be cleaned (swept and mopped) with all litter removed each day upon closing of the eligible business. The parklet shall be maintained by the eligible business, at its sole cost, in a clean and orderly manner at all times. The eligible business shall also clean and maintain under and around any deck, platform, or any other structure constructed in the parklet. j. All food or drink spills must be immediately removed from the parklet. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 457 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 43 k. Hours of operation of the parklet shall not exceed the hours of operation of the associated eligible business, subject to limitations on alcohol sales set forth in all applicable permits, license, and regulations. l. All eligible business activity shall be in compliance with the noise restrictions in Chapter 4.12 of the Santa Monica Municipal Code. m. All forms of speaker amplification are prohibited. n. The area used for outdoor eligible business activity (including, as applicable, any eligible business activity on the sidewalk or in private outdoor space) may not exceed the area necessary, in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home order, including any amendments and successors thereto, to permit the combined occupancy of inside eligible business and outdoor eligible business activity to match the maximum occupancy of the eligible business, prior to imposition of the social distancing and infection control protocols. o. In the event the eligible business seeks to use parking or loading spaces in front of an adjacent or neighboring tenant space(s) or building(s) for the parklet, the eligible business shall obtain prior written consent from the property owner or tenant of the adjacent or neighboring building and furnish such consent to the City with its application for a temporary outdoor encroachment agreement or permit. For the purposes of clarity, consent is not required if the parking or loading space is substantially (i.e., greater than 50%) located in front of the eligible business. If the eligible business is unable to obtain consent from the property owner or tenant of the adjacent or neighboring building, the eligible business shall, with its application for a temporary outdoor encroachment agreement or permit: (i) explain the reason why it was unable to obtain consent and (ii) provide proof that it has provided written notice to the tenant or property owner on a form to be provided by the City of the eligible business’s intent to utilize the parking or loading space as a parklet and that the tenant or property owner may contact the City within the next 5 business days after receipt of the notice regarding the proposed parklet. The City shall not act on any application to utilize the adjacent or neighboring parking or loading space as a parklet until after the 5 business day period has expired. Any decision of the City thereafter to enter into a temporary outdoor encroachment agreement or, if applicable, issue a temporary permit for a parklet in front of an adjacent or neighboring tenant space(s) or building shall be final. p. All merchandise or services displayed in the parklet shall be of the same types ordinarily sold indoors at the associated eligible business. q. As applied to Business Improvement Districts that have entered into a temporary outdoor encroachment agreement or obtained a temporary permit as authorized by this Order, the Business Improvement District shall be responsible, at its sole cost, DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 458 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 44 for the maintenance of the common areas and ensuring compliance with social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto, in the common areas. r. The eligible business shall at all times use due care in its operation of the parklet to avoid any causing or creating damage to the public right-of-way used for the parklet. Eligible business shall immediately inform the City of any actual or potential damage to the public right-of-way used for the parklet, and eligible business must reimburse the City within 30 days of receiving a written request for any all costs to repair such damage, if caused by eligible business. s. The City maintains the right to verify the square footage of the parklet and to make periodic inspections of the parklet, at any time and without notice to the eligible business. t. The eligible business shall, (i) in the event of an emergency, as determined by the City, immediately remove any temporary furnishings in the parklet or traffic barriers or a deck installed by the eligible business; or (ii) if not an emergency, remove any temporary furnishings in the parklet or traffic barriers or deck installed by the eligible business within 48 hours of the City’s written request. If the eligible business fails to timely remove its temporary furnishings, traffic barriers, or deck as required by this Section, the City may, at the eligible business’s expense, remove such furnishings, barriers, and deck from the parklet and recover its costs for its work from the eligible business. u. The construction of a deck in the parklet—the design and safety specifications for which are set forth in Section 56—does not confer any vested rights to any ongoing or continuing activities or use of deck beyond the expiration of this Order. The City reserves the right to require the eligible business to remove the deck in the parklet following the expiration of this Order for any reason. v. No structure other than a deck or traffic barriers that conforms to the design and safety specifications in Section 56 may be constructed or placed in the parklet. w. The City reserves the right to terminate or suspend immediately any temporary outdoor encroachment agreement if the City determines that there is an emergency situation that poses a risk to the public health, safety or welfare. In such a case, City will provide written notice of termination or suspension as soon as reasonably possible. x. Either the City or the eligible business may at any time, without cause, terminate the temporary outdoor encroachment agreement on 30 days’ prior written notice to the other party. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 459 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 45 y. Compliance with all applicable laws and regulations, including, but not limited to, the American with Disabilities Act. z. Compliance with minimum insurance requirements, as set forth in the temporary outdoor encroachment agreement or, if applicable, temporary permit. aa. Compliance with any other condition(s) required by regulations promulgated pursuant to Section 65. 56. Any parklet, other than a pilot program parklet, utilized pursuant to this Order shall meet the following design and safety specifications: a. The parklet shall not be placed within 15 feet of a fire hydrant, otherwise cover or block any public utility infrastructure or storm drains, or impede the flow of curbside drainage. To ensure adequate clearance for any overhead and underground electrical infrastructure, parklets shall provide a minimum of 15 feet of unobstructed access unless otherwise approved by the electric utility provider. Parklets shall also not cover any City utility access points. b. The parklet shall not be placed in a red zone without prior approval from the City, following review of site conditions. c. There shall be at least one parking space between the parklet and an upstream intersection. d. Parklets may only be utilized in streets that have (i) a speed limit of 25 miles per hour or less, (ii) a speed limit of 30 miles per hour and either a Class II or IV bikeway, as those terms are defined by California State & Highway Code Section 890.4, or (iii) a speed limit of 30 miles per hour and do not have either a Class II or IV bikeway, only where the City has authorized a parking lane closure and the City has implemented additional design or safety specifications. e. The parklet shall be installed within the existing parking or loading space (typically 7-8 feet in width). Where a bikeway is not present, the parklet shall provide a one foot setback from the travel lane. If there is a bikeway present, the parklet may extend to the edge of the bikeway. f. A parklet may extend into the sidewalk adjacent to the eligible business, provided that minimum adequate pedestrian access on the sidewalk is provided and maintained, which is considered to be no less than five (5) feet of unobstructed access, and the parklet complies with applicable ADA restrictions. . g. Traffic barriers shall surround the parklet and shall meet the following requirements: i. Have continuous side and end railing 36 to 42 inches high with any openings no larger than 4 inches wide. A water-filled “Jersey Barrier” or concrete “K” rail may be used, provided that it is at least 32” high. For DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 460 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 46 any parklet located on a block where the City has authorized the parking lane closure for an entire City block or segments thereof and the speed limit is either 25 mph or 30 mph with either a Class II or IV bikeway, the traffic barrier need not be continuous so long as the traffic barrier is a concrete “K” rail placed no further than eight feet apart and rope or planters are placed in the gaps between the concrete “K” rail. ii. If cable or flexible rail is used, such railings shall have a solid rail at the top and a solid rail at the bottom, which shall be between 5 and 10 inches high from the floor. iii. The railing must be able to withstand 250 lb force in any direction. iv. In addition to the railing, a planter or weighted barrier shall be placed at the upstream end of the parklet and, on streets that have a speed limit of 30 mph, planters shall be spaced along the street facing side of the parklet. Planters are preferred along the street side of the parklet in all areas. Planters may not encroach into bike lanes or vehicle travel lanes. Any such planters shall be at least 17 inches high and 12 inches wide. v. Retroreflective materials shall be used on the upstream end and along the side of the barriers, including, but not limited to, vertical delineators or attachments to the parklet exterior. h. Each parklet shall be installed with a curb stop and a four foot separation from adjacent parking or loading spaces, provided that such spaces have not been converted into a parklet. i. Temporary ramps from the sidewalk to the parklet, if required to maintain accessibility to the parklet, shall comply with the slope requirements of the California Building Code. j. The parklet shall not obstruct access to existing trees and plantings. k. In addition to the above standards, any deck constructed in the parklet shall meet the following requirements: i. The deck shall have a non-slippery surface; loose material (such as sand or gravel) cannot be used in the parklet. ii. The deck shall not be bolted into City property, including, but not limited to, the top or side of curb, sidewalk, concrete or asphalt roadway, or gutter. iii. The deck shall be designed and constructed to support 100 lb per square feet live uniform load. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 461 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 47 iv. To ensure curbside drainage, (1) a 6 inch wide by 3 inch high clear gutter space shall be provided along the entire length of the parklet adjacent to the curb to allow water flow and (2) any openings at either end of the deck shall be covered with screens to prevent debris buildup beneath the deck and in the gutter. A support beam flush with and parallel to the curb face at the parklet edge is permissible. v. The maximum gap in between decking and planks is ½ an inch. vi. The maximum gap between the deck and the curb is ¼ inch. vii. The maximum differential between the deck and the height of the curb is ¼ inch. viii. Any vertical post attached to the decking shall not exceed 7 feet in height and shall not be placed closer than 6 feet to another vertical post. No other vertical member attached to the decking (e.g., guards, barriers, Plexiglas partitions), if permitted by the County Department of Public Health’s Safer at Home Order, shall exceed 7 feet in height. ix. The deck shall not have a roof, trellis, or other overhead shelter other than a canopy or umbrella authorized by Section 55(f). x. Compliance with Americans with Disabilities Act 2010 Standards accessibility requirements l. Compliance with any other design or safety specification(s) required by regulations promulgated pursuant to Section 65. 57. To the extent the City authorizes a parking lane closure for an entire City block or segments thereof, the City reserves the right to undertake installation of the traffic barriers required by Section 56(g). An eligible business otherwise remains responsible for installing and complying with the design and safety specifications set forth in Section 56, unless otherwise agreed to by the City. 58. No person shall park in any public parking space or loading space that is utilized as a parklet or that is otherwise part of a parking lane that the City authorized to be closed for use as common area. 59. Sections 3.12.360, 4.68.040, 5.06.020, 6.116.010, and provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate temporary parklet use authorized by this Order. Notwithstanding the foregoing, eligible businesses shall comply with the requirements of Santa Monica Municipal Code 9.31.060, 9.31.070, 9.31.080, and 9.31.340, to the extent applicable to that eligible business. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 462 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 48 60. If a tenant has granted consent under Section 55(n), nothing in this Order relieves that tenant from any obligation or laws relating to any consent required of the property owner. 61. The Director of the Community Development Department or designee shall be authorized to draft and enter into a temporary outdoor encroachment agreement with an applicant (either an individual eligible business or a Business Improvement District) and may choose to enter into such agreement on such terms as the Director or designee deems necessary and to require the submission of additional information or supporting data to ensure ongoing protection of public health and safety of the City, including, but not limited to, a site plan. The Director of the Community Development Department or designee retains the discretion to decline to enter into a temporary outdoor encroachment agreement for any reason, including, if the location of the proposed parklet interferes with a planned or future City project. In lieu of a temporary outdoor encroachment agreement, the Director of the Community Development Department or designee is authorized to issue a permit for parklet use as authorized by this Order. 62. No earlier than November 1, 2020 and after the City has provided 30 days notice to eligible businesses that have entered into a temporary outdoor encroachment agreement or, if applicable, obtained a temporary permit for outdoor eligible business activities as authorized by this Order, the City is authorized to assess a monthly fee for use of a parklet to eligible businesses. Such a fee shall (i) be due on the first of each month and, if not received by the City within three days after it is due, be subject to a 10% late charge; (ii) be based on the square footage of the parklet, and (iii) comply with the rates for “Outdoor Dining Area without a Barrier,” as adjusted annually in accordance with the Consumer Price Index, as set forth in Resolution No. 10586 (CCS), adopted by the City Council on June 21, 2011, regardless of whether the eligible business is conducting outdoor dining as opposed to other eligible business activities in the parklet. Notwithstanding the foregoing, the City may not assess a fee for any month if, as of the first of that month, the County Department of Public Health’s Safer at Home Order has not authorized the particular eligible business to resume indoor operations at 50% or greater occupancy. For purposes of clarity, the monthly rate per square foot for “Outdoor Dining Area without a Barrier” in 2020 is as follows: Location Outdoor Dining Area without a Barrier Transit Mall (Santa Monica Boulevard/ Broadway) $2.66 Ocean Avenue $2.48 Montana Avenue $2.20 Wilshire Boulevard $2.12 Main Street $2.12 Ocean Park Boulevard $2.12 Pico Boulevard $2.12 Other Streets $2.12 DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 463 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 49 63. A pilot program parklet may serve as a parklet in accordance with and during the term of this Order, provided its operator complies with the conditions set forth in Section 55. 64. Any eligible business that has undertaken construction of a structure after the issuance of the Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency on June 23, 2020 but prior to the effective date of this Order that does not comply with the design and safety specifications set forth in Section 56(k)shall have 60 days after the effective date of this Order to bring the structure into compliance with the design and safety specifications for a deck set forth in Section 56(k). Failure to comply with this deadline may lead to an enforcement action under Chapter 9.48 or other action under Chapter 8.08 of the Santa Monica Municipal Code, in addition to or in lieu of revocation of parklet use as provided in Section 66. The City, however, reserves the right to impose a shorter deadline than 60 days if the City determines, in its sole and complete discretion, that a structure presents a safety hazard and that a shorter deadline is therefore necessary. The City shall notify the eligible business in writing of any such shorter deadline. 65. The Director of the Community Development Department or designee may promulgate regulations to implement Sections 52 through 64 of this Order. Such regulations may include, but are not limited to, the imposition of an application or permit fee, restrictions on hours of operation, additional conditions, or additional design and safety specifications for use or operation of the temporary parklet authorized by this Order. 66. The City, in its sole and complete discretion, may suspend or revoke any parklet use authorized by Sections 52 through 67 of this Order, for, among other things, any failure to comply with: (a) the conditions as set forth in Section 55; (b) the design and safety specifications set forth in Section 56; (c) the payment provision in Section 62; (d) the deadlines set forth in Section 65; (e) any regulations issued pursuant to Section 65 of this Order, or (f) any other applicable law. 67. In addition to or in lieu of any suspension or revocation pursuant to Section 66, Sections 52 through 56, Section 58, and any regulations promulgated under Section 65 of this Order (collectively, the “temporary use restrictions”) shall be enforceable by an Enforcement Officer, as that term is defined by Santa Monica Municipal Code Section 1.09.020, through the issuance of an administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of the temporary use restrictions by an eligible business shall be: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of the temporary use restrictions constitutes a separate violation and may be charged and punished separately. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 464 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 50 Temporary Use of Private Outdoor Space 68. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and phrases used in Sections 68 through 78 of this Order. In addition, as used in Sections 68 through 78 of this Order: a. “Eligible business” means the business has a current business license with the City and has received any necessary entitlements from the City to operate and the use is a non-residential use classification and is permitted or conditionally permitted in the district, other than a liquor store or automobile/vehicle service and repair, minor or major, as those terms are defined by Santa Monica Municipal Code Section 9.51.030. b. “Private outdoor space” means all or a portion of a parking lot, courtyard, plaza, or other private open space area either owned by the eligible business or temporarily used by the eligible business as authorized by this Order. The private outdoor space must be on the same parcel or a adjacent parcel immediately adjacent to the eligible business.. c. “Restaurants” mean restaurants, full-service, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), or restaurants, limited-service and take-out, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c). 69. Sections 68 through 78 of this Order apply to legally established eligible businesses that have obtained a temporary use of private outdoor space permit for use of private outdoor space. The Director of the Community Development Department or designee shall be authorized to issue a temporary use of private outdoor space permit for use of private outdoor space as authorized by this Order and to require the submission of additional information or supporting data from the eligible business to ensure ongoing protection of public health and safety of the City, including, but not limited to, a site plan. 70. Eligible businesses that are permitted to open by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto, and that do open in accordance with such orders and any and all social distancing and infection control protocols imposed by such orders, shall be permitted to use any private outdoor space in accordance with the conditions set forth in Section 71. 71. An eligible business may utilize private outdoor space subject to all of the following conditions: a. The eligible business must obtain a temporary use of private outdoor space permit for use of private outdoor space as authorized by this Order. For any eligible businesses that commenced use of private outdoor space following the issuance of the Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency on May 29, 2020 and prior to the effective date of this Order, that eligible business must obtain a temporary DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 465 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 51 use permit on or before September 8, 2020 to continue to use the private outdoor space. Any certificate issued by the City for the temporary use of private outdoor space shall be displayed by the eligible business during business hours. b. All eligible business activity must be conducted in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto. c. Eligible business activity as authorized by this Order shall be conducted as a temporary accessory use to a legally established business that is located on the parcel or on an adjacent parcel. Nothing in this Order shall be considered an entitlement or permit for use of an outdoor dining and seating area, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(9), or to confer any vested rights to any ongoing or continuing activities beyond the expiration of this Order . d. Alcohol may be served in the private outdoor space only by restaurants that: (i) have obtained and are operating under a license to sell alcoholic beverages from ABC; and (ii) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code. Sales shall be conducted in accordance with all requirements and conditions set forth in such licenses and permits, as may be modified by any Notices of Regulatory Relief issued by ABC, the Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring a Local Emergency issued on March 21, 2020, Interim Zoning Ordinance Numbers 2636 (CCS) and 2637, adopted by the City Council on May 12, 2020, and any successors thereto. e. Any furnishing, signs, temporary barriers, or any other temporary structure used for eligible business activity in a private outdoor space shall not block any portion of the full width of any legal exit from the building or any exit path from such legal exit to the public right of way. A minimum of a 44-inch wide exit path is required to be maintained from each legal exit from the building to the public right of way. f. Canopies in the private outdoor space are permitted so long as the canopy (i) has all sides open (i.e., it cannot be an enclosed tent), (ii) is sufficiently secured to meet wind load requirements, (iii) does not exceed 700 square feet, and (iv) is not utilized in close proximity to a propane heater (e.g., a propane heater may not be placed underneath a canopy). Umbrellas utilized in the private outdoor space shall be secured and maintain the height clearance for pedestrian passage. g. Propane heaters in the private outdoor space are permitted so long as the eligible business (i) has an existing or obtains a propane heater permit from the Santa Monica Fire Department, and (ii) complies with the Santa Monica Fire Department’s Fire Prevention Policy Number 1-9 on Portable Propane Heaters. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 466 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 52 Table lamps using liquid fuel, candles, or any fixtures other than a propane heater using an open flame are not permitted. h. Any outdoor dining in the private outdoor space is for sit-down food and beverage service only; no stand-up service is permitted. i. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on the public sidewalk or right-of-way. j. Hours of operation of the eligible business activity shall not exceed the hours of operation of the associated eligible business, subject to limitations on alcohol sales set forth in all applicable permits, license, and regulations. k. All eligible business activity shall be in compliance with the noise restrictions in Chapter 4.12 of the Santa Monica Municipal Code. l. All forms of speaker amplification are prohibited in association with the private outdoor space. m. The eligible business shall obtain any required building permits for any construction in the private outdoor space utilized for outdoor eligible business activities, including, but not limited to, (i) any building over 120 square feet; (ii) any building taller than 14 feet in height; (iii) any detached deck or platform taller than 30 inches in height; (iv) any alteration of electric wiring, and (v) any plumbing or mechanical connections. If applicable, the eligible business shall also obtain any required approval from the Landmarks Commission, or the Secretary to the Commission if permitted under Resolution Number 14-002 (LCS), for construction in the private outdoor space. The approval by the Landmarks Commission or Secretary and the issuance of a building permit for any construction in a private outdoor space shall not be considered an entitlement or permit for use of an outdoor dining and seating area, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(9), or to confer any vested rights to any ongoing or continuing activities or use of any newly constructed structure beyond the expiration of this Order. n. The eligible business may construct a temporary detached deck in the private outdoor space without obtaining a building permit so long as any such deck complies with the following design and safety specifications: i. The deck shall have a non-slippery surface; loose material (such as sand or gravel) cannot be used in the parklet. ii. The deck shall be designed and constructed to support 100 lb per square feet live uniform load. iii. To ensure drainage, any openings at either end of the deck shall be covered with screens to prevent debris buildup beneath the deck. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 467 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 53 iv. The maximum gap in between decking and planks is ½ an inch. v. Any vertical post attached to the decking shall not exceed 7 feet in height and shall not be placed closer than 6 feet to another vertical post. No other vertical member attached to the decking (e.g., guards, barriers, Plexiglas partitions), if permitted by the County Department of Public Health’s Safer at Home Order, shall exceed 7 feet in height. vi. The deck shall not have a roof, trellis, or other overhead shelter other than a canopy or umbrella authorized by subsection 71(f). vii. Compliance with Americans with Disabilities Act 2010 Standards accessibility requirements o. Regardless of whether a building permit for any new construction in the private outdoor space is required or obtained, the City reserves the right to require the eligible business to remove any new construction in the private outdoor space, including, but not limited to, the temporary deck authorized by subsection n, following the expiration of this Order for any reason, including that the structure fails to comply with any provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements and maximum floor area ratio that are temporarily suspended under Section 72 of this Order. The construction of a temporary deck or other structure in the private outdoor space does not confer any vested rights to any ongoing or continuing activities or use of such a deck or structure beyond the expiration of this Order. p. Any outdoor eligible business activity area established by conversion of parking areas or other private outdoor space where there may be vehicle intrusion shall provide for safe separation of the outdoor eligible business activity area from the remaining parking area or other private outdoor space where there may be vehicle intrusion, such as by the installation of large planters or other appropriate barrier, so that the outdoor eligible business activity space is sufficiently protected from vehicle intrusion. No accessible parking spaces (ADA spaces), access aisle, or path of travel shall be converted. In no event shall any such converted private outdoor space area used for outdoor eligible business activity block or cause any obstruction that would prevent parked vehicles from exiting the parking area. In no event shall any barrier used to create safe separation block any portion of the full width of any legal exit from the building or any exit path from such legal exit to the public right of way. A minimum of a 44-inch wide exit path is required to be maintained from each legal exit from the building to the public right of way. q. The area used for outdoor eligible business activities authorized by this Order (including, as applicable, any eligible business activities on a sidewalk or in a parklet) may not exceed the area necessary, in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 468 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 54 Home order, including any amendments and successors thereto, to permit the combined occupancy of inside eligible business and outdoor eligible business activity to match the maximum occupancy of the eligible business, prior to imposition of the social distancing and infection control protocols. r. All merchandise or services displayed in the private outdoor space shall be of the same types ordinarily sold indoors at the associated eligible business. s. The eligible business shall obtain prior written consent from the property owner or tenant of the private outdoor space and furnish such consent to the City upon request. t. Compliance with all applicable laws and regulations, including, but not limited to, the American with Disabilities Act. u. Compliance with any other condition(s) required by regulations promulgated pursuant to Section 76. 72. Provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate temporary outdoor eligible business activities authorized by this Order. 73. Any eligible business that has undertaken construction in a private outdoor space after the issuance of the Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency on May 29, 2020 without obtaining a required building permit shall have (i) 21 days from the effective date of this Order to submit a complete permit application; (ii) 45 days thereafter to obtain a permit; and (iii) 30 days after permit issuance to obtain final inspection approval. Failure to comply with these deadlines may lead to an enforcement action under Chapter 9.48 or other action under Chapter 8.08 of the Santa Monica Municipal Code, in addition to or in lieu of revocation as provided in Section 77. 74. Notwithstanding anything to the contrary in Article VIII or Article IX of the Santa Monica Municipal Code and any fee schedule resolutions promulgated pursuant to those Articles or the authority set forth in Santa Monica Municipal Code Section 2.27.010, the permit and plan review fees are hereby waived for any eligible business that (i) undertook construction in private outdoor space after the issuance of the Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency on May 29, 2020 without obtaining a required building permit, and (ii) received a notice of violation from the City regarding the unpermitted construction in the private outdoor space on or before August 21, 2020. 75. Nothing in this Order relieves an eligible business from any obligations or laws requiring consent of adjacent building owners or tenants for use of private outdoor space. Nothing in this Order compels a landlord to permit a tenant eligible business to expand its business to a private DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 469 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 55 open space. If a tenant has granted consent under Section 71(s), nothing in this Order relieves that tenant from any obligation or laws relating to any consent required of the property owner. 76. The Director of the Community Development Department or designee may promulgate regulations to implement Sections 68 through 75 of this Order. Such regulations may include, but are not limited to, the imposition of an application or permit fee, restrictions on hours of operation, and additional conditions for conducting the temporary outdoor eligible business activity use authorized by this Order. 77. The City, in its sole and complete discretion, may suspend or revoke any temporary use of private outdoor space authorized by Sections 68 through 78 of this Order for, among other things, any failure to comply with: (a) the conditions as set forth in Section 71 of this Order; (b) any regulations issued pursuant to Section 76 of this Order, (c) the deadlines set forth in Section 73 or (d) any other applicable law. 78. In addition to or in lieu of any suspension or revocation pursuant to Section 77, Sections 68 through 71 and any regulations promulgated under Section 76 of this Order (collectively, the “temporary use restrictions”) shall be enforceable by an Enforcement Officer, as that term is defined by Santa Monica Municipal Code Section 1.09.020, through the issuance of an administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of the temporary use restrictions by an eligible business shall be: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of the temporary use restrictions constitutes a separate violation and may be charged and punished separately. Temporary Use of Certain Public Spaces for Gym and Fitness Establishments 79. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and phrases used in Sections 79 through 83 of this Order. In addition, as used in Sections 79 through 83 of this Order, a. “Gym and fitness establishments” shall mean gyms, exercise clubs, or studios offering martial arts, physical exercise, yoga training, and similar types of instruction to classes and groups. b. “Santa Monica Pier” shall have the same definition as in Santa Monica Municipal Code Section 6.36.020. 80. The Director of the Community Development Department or designee shall be authorized to draft and enter into a temporary license agreement authorizing the temporary use of portions of certain public parking facilities or the Santa Monica Pier, as designated by the Director of the Community Development Department or designee, for temporary use by gyms and fitness establishments on such terms as the Director or designee deems necessary. At a minimum, however, any such license agreement shall contain the following conditions of use: DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 470 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 56 a. The gym or fitness establishments eligible to use the designated portions of the public parking facility or Santa Monica Pier must have a current business license with the City; b. All activity must be conducted in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto; c. Any canopy (i) must have all sides open (i.e., it cannot be an enclosed tent), (ii) must be sufficiently secured to meet wind load requirements, (iii) may not be utilized in close proximity to a propane heater (e.g., a propane heater may not be placed underneath a canopy); and (iv) must be in compliance with any required building permit if the size of the canopy is 700 square feet or greater; d. Propane heaters in the private outdoor space are permitted so long as the eligible business (i) has an existing or obtains a propane heater permit from the Santa Monica Fire Department, and (ii) complies with the Santa Monica Fire Department’s Fire Prevention Policy Number 1-9 on Portable Propane Heaters; e. Table lamps using liquid fuel, candles, or any fixtures other than a propane heater using an open flame are not permitted; and f. Compliance with all applicable laws and regulations, including, but not limited to, the American with Disabilities Act. 81. The Director of the Community Development Department or designee may promulgate regulations to implement Sections 79 through 80 of this Order. Such regulations may include, but are not limited to, restrictions on hours of operation, restrictions on the use of amplification equipment, boom boxes, bull horns or whistles, and additional conditions for the use of the designated portions of the public parking facility or Santa Monica Pier by gym or fitness establishments. 82. Sections 3.12.360, 4.68.040, 5.06.020, 6.116.010, and provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate the temporary use of portions of public parking facilities or the Santa Monica Pier for gym and fitness establishments. 83. Nothing in this Order shall be considered an entitlement or permit for permanent use of portions of public parking facilities or the Santa Monica Pier for gym and fitness establishments, or to confer any vested rights to any ongoing or continuing activities beyond the expiration of this Order. DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 471 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 57 Temporary Use Permit 84. Business Improvement Districts and individual eligible businesses that have obtained a Temporary Use Permit in accordance with Santa Monica Municipal Code Chapter 9.44 may conduct sidewalk sales and other seasonal sales in accordance with Santa Monica Municipal Code 9.31.370, Temporary Uses and Seasonal Sales, without otherwise complying with the provisions of this Order. 85. All processing time frames and fees for Temporary Use Permits for conducting sidewalk sales and other seasonal sales in accordance with Santa Monica Municipal Code 9.31.370 are hereby waived for any applications submitted before December 31, 2020. Pier 86. This Order supersedes and replaces the Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued March 16, 2020. 87. For purposes of Sections 86 to 88 of this Order, the Santa Monica Pier shall mean the City property that comprises the Santa Monica Municipal Pier and the Newcomb Pier. 88. The Santa Monica Pier shall reopen as of June 24, 2020, subject to any conditions on phrased reopening of the Santa Monica Pier required by the Santa Monica Pier administrator and applicable State Executive Orders, State Health Officer Orders, and the County Department of Public Health’s Safer at Home Order, including any amendments and successors thereto. GENERAL PROVISIONS 89. This Order supersedes and replaces the Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued May 29, 2020, the Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued June 5, 2020, and the Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued June 23, 2020. 90. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services: (a) Sections 1 through 8, and 10 through 12 shall remain in effect until August 31, 2020; (b)Sections 9 and Sections 13 through 18 shall remain in effect until October 31, 2020; (c) Sections 19 through 79 and 84 through 88 shall remain in effect while the County Department of Public Health’s Safer at Home Order, including any later amendments or successors thereto, is in place plus an additional 30 days thereafter; (d) and Sections 79 through 83 shall remain in effect until December 31, 2020. 91. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 472 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 58 or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 18th day of August 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: __________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: 80483B2D-4A46-43A1-B239-1D64F58E3D0C 3.L.q Packet Pg. 473 Attachment: P-20200818.3rd_Revised_18th_Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 NINETEENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 474 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 475 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 476 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 477 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 478 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 22, 2020, the Governor of California issued Executive Order N-54- 20, suspending Public Resources Code section 42283 for a period of 60 days to the extent that it prohibits retail establishments from (a) providing without charge reusable grocery bags or recycled paper bags to customers at point of sale or (b) where it is not possible to provide reusable grocery bags or recycled paper bags, providing single-use carryout bags to customers at point of sale; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 479 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 480 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 481 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 482 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 10 parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 483 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 11 WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Sixteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to specified conditions; and permitted restaurants and other food facilities that provide sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County safer at home order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 484 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 12 of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June 12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued guidance mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 485 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 13 Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 11 Safer At Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54-20, which had suspended Public Resources Code section 42283’s prohibitions relating to retail establishments providing bags to customers at point of sale; and WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 486 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 14 dining to areas of the Pier to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of Economic Development for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary parklets for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and specify that for compliance with certain specified mandatory seismic retrofitting requirements, the two-year extension for planning, review, and permit-related actions applies only if an application was pending as of March 13, 2020 or submitted between March 13, 2020 and the expiration of the Order; and WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, as of June 28, 2020, the Los Angeles County Department of Public Health has confirmed 97,894 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, the continuing spread of COVID-19, the resulting recognition by both State and County officials that social distancing requirements remain necessary, the move by both the State and County into Stage 3 of California’s Pandemic Resilience Roadmap, and the resulting reopening, subject to specified conditions and protocols, of more businesses and activities, warrant the continuation of the majority of the Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency but support allowing certain portions of those Supplements to expire as currently scheduled as of June 30, 2020; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 487 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 15 NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. Subject to the exceptions stated in Section 2 of this Order, the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall be extended to be operative and remain in effect until July 31, 2020, at 11:59 p.m., or any later date expressly stated within the text of an individual supplement, at which time they shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto. 2. The following provisions of previously-issued supplements are not extended by this Order and shall therefore no longer be operative or in effect as of June 30, 2020 at 11:59 pm: a. Revised Fifth Supplement, Section 3, subsection f -- as a result, the imposition of late payment penalties for unpaid or delinquent Transient Occupancy Taxes will resume as of July 1, 2020; b. Revised Fifth Supplement, Section 3, subsection g – as a result the imposition of late payment penalties for unpaid or delinquent Utility Users Taxes will resume as of July 1, 2020; c. Revised Fifth Supplement, Section 3, subsection h – as a result the imposition of late payment penalties for unpaid or delinquent Parking Facility Taxes will resume as of July 1, 2020; d. Revised Fifth Supplement, Section 4, as it applies to abandoned vehicles – as a result, towing for violations of the California Vehicle Code related to abandoned vehicles will resume as of July 1, 2020, but the suspension of towing for violations of the California Vehicle Code related to parking citations and expired registration is extended and will remain operative and in effect through the expiration of the Revised Fifth Supplement; e. Thirteenth Supplement, Section 3 – as a result the suspension of Santa Monica Municipal Code sections 5.45.020 and 5.45.030, to the extent they prohibit retail establishments from (a) providing without charge reusable grocery bags or recycled paper bags to customers at point of sale or (b) where it is not possible to provide reusable grocery bags or recycled paper bags, providing single-use plastic carryout bags to customers at point of sale, shall expire as of June 30, 2020; f. Thirteenth Supplement, Section 4 – as a result, Santa Monica Fire department annual permits of operation the expiration of which was extended to July 1, 2020 by Section 4 of the Thirteenth Supplement shall expire on July 1, 2020; and DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 488 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 16 g. Fifteenth Supplement, Section 2, as it applies to the suspension of parking citations associated with street sweeping – as a result, the issuance of parking citations associated with street sweeping may resume as of July 1, 2020. 3. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services shall remain in effect until July 31, 2020. 4. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 29th day of June 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ___________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: B269613E-04EA-4EDA-9F65-1B8E5A4FD9A1 3.L.r Packet Pg. 489 Attachment: Q-20200629.Supplement_19_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 FIRST REVISED TWENTIETH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 490 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 491 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 492 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 4 bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 493 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 5 City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 494 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 6 WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 22, 2020, the Governor of California issued Executive Order N-54- 20, suspending Public Resources Code section 42283 for a period of 60 days to the extent that it prohibits retail establishments from (a) providing without charge reusable grocery bags or recycled paper bags to customers at point of sale or (b) where it is not possible to provide reusable grocery bags or recycled paper bags, providing single-use carryout bags to customers at point of sale; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 495 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 7 rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 496 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 8 incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 497 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 9 WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 498 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 10 parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 499 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 11 WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Sixteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to specified conditions; and permitted restaurants and other food facilities that provide sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County safer at home order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 500 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 12 of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June 12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 501 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 13 WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 11 Safer At Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54-20, which had suspended Public Resources Code section 42283’s prohibitions relating to retail establishments providing bags to customers at point of sale; and WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 502 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 14 business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of Economic Development for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary parklets for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and specify that for compliance with certain specified mandatory seismic retrofitting requirements, the two-year extension for planning, review, and permit-related actions applies only if an application was pending as of March 13, 2020 or submitted between March 13, 2020 and the expiration of the Order; and WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 18 Safer At Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 503 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 15 WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 28 Safer At Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 504 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 16 required or to comply with social distancing requirements imposed by the County Safer at Home orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020, to, with respect to the November 3, 2020 general municipal election, reduce the number of nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010 would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County Monitoring List and have been on the list for three consecutive days, which included Los Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care services (including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 1 Safer At Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, as of July 14, 2020, the Los Angeles County Department of Public Health has confirmed 140,307 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 505 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 17 WHEREAS, evidence suggests that use of cloth face coverings by the public may help reduce disease transmission by reducing the release of infectious particles into the air when someone speaks, coughs, or sneezes, especially in cases of asymptomatic and pre-symptomatic people or those with mild symptoms who do not realize that they are infections and contagious; and WHEREAS, there are reports that within the City and across the nation people have falsely claimed to be exempt from wearing a face covering due to a purported medical or mental health condition or disability and, on June 26, 2020, the Los Angeles County Department of Health issued a tweet warning that “Face Mask Exempt” cards are “NOT from a government agency and are not endorsed by the Department of Justice or any Los Angeles County department;” and WHEREAS, on June 30, 2020, the United States Department of Justice issued a press release warning that “[i]naccurate flyers or other postings have been circulating on the web and via social media channels regarding the use of face masks and the Americans with Disabilities Act (ADA) due to the COVID-19 pandemic” and explained the “ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations”; and WHEREAS, City officers or employees authorized to enforce this Order and businesses within the City attempting to comply with this Order and ensure the safety of their customers and employees have a legitimate interest in ferreting out false representations that a person is exempt from wearing a face covering due to a purported medical or mental health condition or disability, especially given the increased risk of disease transmission when persons do not wear a face covering whenever they leave their residence and are or can be in contact with others who are non-household members; and WHEREAS, persons with a medical or mental health condition or disability that prevents them from wearing a face covering have a right to privacy; and WHEREAS, permitting City officers or employees authorized to enforce this Order and businesses within the City attempting to comply with this Order and ensure the safety of their customers and employees to ask persons claiming to be exempt from wearing a face covering due to a medical or mental health condition or disability for a credible assurance of the applicability of such exemption, in accordance with the provisions of this Order below, strikes a balance between an individual’s privacy, fraud protection, and public health, safety and welfare, and is consistent with 28 C.F.R. § 35.137 and 28 C.F.R. § 36.311, which permit public entities and public accommodations to request such a credible assurance from those who use certain power-driven mobility devices; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 506 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 18 WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. This Order supersedes and replaces the Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued April 8, 2020, and the Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued May 14, 2020. 2. The definitions in the County Department of Health’s Safer at Home Order apply to the words and phrases used in this Order unless context dictates otherwise. In addition, as used in this Order, the following terms have the following meanings: a. “Business” means a lower-risk business, essential business, healthcare operation, essential infrastructure, or other sector or business authorized to operate, reopen, or conduct minimum basic operations by the County Department of Health’s Safer at Home Order. For the purpose of this Order, business does not include the City of Santa Monica or other location or facility engaged in essential government functions. b. “Face covering” means a scarf (dense fabric, without holes), bandana, neck gaiter, or other mask or covering made of cloth or other fabric that covers a person’s nose and mouth. Face covering does not mean a medical-grade mask or respirator, such as an N95 respirator, which should be reserved for health-care providers and first responders. Face covering also does not mean any mask that incorporates a one- way valve (typically a raised plastic cylinder about the size of a quarter on the front or side of the mask) that is designed to facilitate easy exhaling, because such a mask allows droplets to be released from the mask and puts others nearby at risk. c. “Operator” means an owner or operator of a business. 3. All directives included in the California Department of Public Health’s Guidance for the Use of Face Coverings (the “State’s Face Covering Guidance”), including any later amendments and successors thereto, are hereby adopted as rules and regulations of the City of Santa Monica pursuant to Section 2.16.060(f)(1) of the Santa Monica Municipal Code. For purposes of clarity, all directives in the County Department of Health’s Safer at Home Order, including any later amendments and successors thereto, were adopted as rules and regulations of the City of Santa Monica pursuant to Section 2.16.060(f)(1) of the Santa Monica Municipal Code in the Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued March 22, 2020 DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 507 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 19 4. Unless an exemption in Section 6 applies, all persons must wear face coverings whenever they leave their place of residence and one of the following situations applies: a. When they are or can be in contact with or walking near or past others who are non- household members in both public and private spaces, including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; b. When patronizing a business, including while standing in line to enter any business; c. When obtaining services from healthcare operations, unless otherwise directed by the healthcare provider; d. When obtaining services from and while inside or at any location or facility engaging in essential government functions; e. When waiting for or riding on public transportation or paratransit or while in a taxi, private car service, or ride-sharing vehicle; f. When driving or operating any public transportation or paratransit vehicle, taxi, or private car service or ride-sharing vehicle when passengers are present; g. When participating in an in-person protest; or h. When engaged in work, either at a business or off-site (other than at one’s own residence) and when (i) interacting in-person with any member of the public; (ii) working in any space visited by members of the public, regardless of whether anyone from the public is present at the time; (iii) working in any space where food is prepared or packaged for sale or distribution to others; (iv) working in or walking through common areas, such as hallways, stairways, elevators, and parking facilities; or (v) in any room or enclosed area where people who are non-household members are present and unable to maintain a minimum six-foot separation from one another. 5. Unless an exemption in Section 6 applies, for the purposes of Section 4(a), a person is in violation of this Order when moving in an outdoor area if he or she either (a) is not wearing a face covering or (b) does not have a face covering visible and immediately ready to cover his or her nose and mouth (such as hanging around his or her neck) whenever that person is within 30 feet of any other non-household member. For reference, 30 feet is around the length of two cars end-to-end and is utilized to give people adequate time to put on a face covering before the distance closes and the people are within six feet of each other, which puts them at greater risk for transmission of the virus. When people (other than those in the same household) are approaching each other in an outdoor area and likely to pass in the coming seconds, they must put on their face coverings when they are within 30 feet of each other. This 30-foot rule applies whether people are on the sidewalk, in a park, on a path or trail, or in any other outdoor area, and whether they are walking, running, biking, otherwise exercising, standing, or engaged in transportation such as using a motorcycle, skateboard, moped, or scooter, unless an exemption in Section 6 applies. DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 508 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 20 6. The following persons are exempt from wearing a face covering: a. Persons younger than two years old; b. Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering; c. Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication; d. Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines; e. Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f. Persons who are (i) outdoors alone or with household members; (ii) stationary; and (iii) maintaining at least six feet between the edge of the area they are in and the edge of the next closest person’s area; g. Persons who are actively engaged in a water-based activity, including, but not limited to, swimming and surfing. h. Persons compliant with the County Department of Health’s Protocol for Restaurants Opening for On-Site Dining under which customers who are seated at a restaurant or other establishment that offers food or beverage service are not required to wear face coverings while they are eating or drinking; i. Persons wearing personal protective equipment (“PPE”), such as medical-grade N95 respirator or a similar mask that is more protective than a face covering; j. Persons compliant with any other reopening protocol issued by the County Department of Health authorizing persons to remove their face coverings; or k. Persons compliant with any regulation promulgated pursuant to Section 13. 7. Persons who are exempt under Section 6(b) who are employed at a business involving regular contact with other non-household members must wear a non-restrictive alternative, such as a face shield with a drape on the bottom edge, as long as their medical condition permits it. 8. An operator or any City peace officer or other officer or employee authorized to enforce this Order pursuant to Section 16 or an Operator seeking to comply with Sections 10 and 11 of this Order (collectively “Inquirers”) may ask a person claiming to be exempt under Section 6(b) to provide a credible assurance that he or she is not wearing a face covering because of his or her medical condition, mental health condition, or disability. An Inquirer shall accept the presentation of written documentation from a medical professional that the person’s medical DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 509 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 21 condition, mental health condition, or disability exempts that person from wearing a face covering as a credible assurance that the person is exempt under Section 6(b). In lieu of such documentation, an Inquirer shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the person is not wearing a face covering because of his or her medical condition, mental health condition, or disability. Notwithstanding the foregoing, an Inquirer may not ask a person claiming to be exempt under Section 6(b) to provide a credible assurance if such a person has an obvious or readily apparent medical condition, mental health condition, or disability that prevents the wearing of a face covering or if the medical condition, mental health condition, or disability is otherwise known to the Inquirer. Nothing in this Order permits an Inquirer to ask a person questions about the nature and extent of that person’s medical condition, mental health condition, or disability. 9. Operators who employ or contract with persons who are required by Section 4(h) to wear a face covering (“workers”) must permit those workers to wash their hands at least every 30 minutes. All such operators must provide, at their expense, face coverings for their workers. All such operators must ensure that their workers have access to: (a) clean, sanitary restrooms, stocked with all necessary cleansing products, provided at the operator’s expense; or (b) sanitizing agents required to observe hand sanitation protocols recommended by the Los Angeles County Department of Public Health, provided at the operator’s expense. 10. Operators may refuse admission or service to any person who fails (a) to wear a face covering as required by this Order or (b) to adhere to the social (physical) distancing requirements stated in the County Department of Health’s Safer at Home Order or specified in guidance or protocols established by the County of Los Angeles Department of Public Health. 11. Operators shall take all reasonable steps to ensure that persons who are standing in line to enter the business or who have entered the business (a) wear a face covering, unless an exemption under Section 6 applies, and (b) adhere to the social (physical) distancing requirements stated in the County Department of Health’s Safer at Home Order or specified in guidance or protocols established by the County of Los Angeles Department of Public Health. 12. Any Operator may sell face coverings and emergency supplies. 13. All sellers of face coverings and emergency supplies shall abide by all federal, state, and local price gouging laws. 14. The Director of Emergency Services or designee may promulgate regulations to implement the provisions of this Order. No person shall fail to comply with any such regulation. 15. Should the directives of the State’s Face Covering Guidance, the County Department of Health’s Safer at Home Order, this Order, or any regulations promulgated thereunder conflict, the stricter regulation shall apply. 16. Sections 2 through 13 and any regulations promulgated under Section 14 of this Order shall be enforceable by the Santa Monica Police Department and any City officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 510 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 22 accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of, or any regulations issued under, this Order shall be as follows: (a) for violations by individuals: $100 for the first violation; $250 for a second violation committed within one year for the first violation; and $500 for a third violation or subsequent violations committed within one year of the first violation; and (b) for violations by businesses: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of, or any regulations issued under, this Order constitutes a separate violation and may be charged and punished separately. 17. Pursuant to Santa Monica Municipal Code 1.09.040(c), a late payment charge of 10% of the applicable fine shall be imposed for the payment of an administrative fine imposed pursuant to Section 16 of this Order after its due date. 18. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services shall remain in effect until July 31, 2020. 19. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 15th day of July 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: 64D45D5C-71C3-40C6-AEB7-A3116BF7F3B5 3.L.s Packet Pg. 511 Attachment: R-20200715.1st_Revised_Supplement_20__Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 1 SECOND REVISED TWENTY-FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 512 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 513 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 514 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 4 bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 515 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 5 City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 516 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 6 WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 22, 2020, the Governor of California issued Executive Order N-54- 20, suspending Public Resources Code section 42283 for a period of 60 days to the extent that it prohibits retail establishments from (a) providing without charge reusable grocery bags or recycled paper bags to customers at point of sale or (b) where it is not possible to provide reusable grocery bags or recycled paper bags, providing single-use carryout bags to customers at point of sale; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 517 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 7 rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 518 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 8 incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 519 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 9 WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 520 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 10 parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 521 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 11 WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Sixteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to specified conditions; and permitted restaurants and other food facilities that provide sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County safer at home order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 522 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 12 of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June 12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 523 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 13 WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 11 Safer At Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54-20, which had suspended Public Resources Code section 42283’s prohibitions relating to retail establishments providing bags to customers at point of sale; and WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 524 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 14 business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of Economic Development for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary parklets for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and specify that for compliance with certain specified mandatory seismic retrofitting requirements, the two-year extension for planning, review, and permit-related actions applies only if an application was pending as of March 13, 2020 or submitted between March 13, 2020 and the expiration of the Order; and WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 18 Safer At Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 525 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 15 WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 28 Safer At Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit Q”) that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 526 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 16 covering as required or to comply with social distancing requirements imposed by the County Safer at Home orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and WHEREAS, as of July 8, 2020, the Los Angeles County Department of Public Health has confirmed 124,738 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, the City’s general municipal election is set for November 3, 2020, at which election there will be elected five members of the City Council, two member of the Rent Control Board, three members of the Santa Monica-Malibu Unified School District Board of Education, and three members of the Santa Monica Community College District Board of Trustees; and WHEREAS, the nominating period for candidates to appear on the ballot for the positions up for election in the November 3, 2020 general municipal election commences July 13, 2020 and runs to August 7, 2020 (with possible extension to August 12, 2020 depending on whether incumbents run for positions) and the nominating period for persons desiring to be write-in candidates for the positions up for election in the November 3, 2020 general municipal election commences September 8, 2020 and runs to October 20, 2020; and WHEREAS, California Elections Code Section 11020, which applies to general law cities, states that for cities with 1,000 or more registered voters, the number of nominating signatures required is no less than 20 and no more than 30, but Santa Monica Municipal Code Section 11.04.010 currently requires each candidate to which it applies to gather nominating signatures from not less than 100 voters; and WHEREAS, the City’s Master Fee Schedule imposes a fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, both the California Secretary of State and Los Angeles County elections officials have advised that, despite the COVID-19 pandemic, they must continue to require that nominating papers contain original signatures and cannot accept electronic signatures; and WHEREAS, the requirement for the gathering of original signatures from nominating voters poses risks resulting from possible personal contact between and among those circulating nominating papers and the voters signing those nominating papers, those risks increase as the required number of original nominating signatures increase, and those risks must be balanced against the intent of the Santa Monica Municipal Code 100-voter requirement that candidates demonstrate significant voter support for their nominations; and WHEREAS, the issuance to candidates of additional sets of nomination papers may provide candidates with greater ability to minimize possible personal contacts between and among those circulating nominating papers and the voters signing those nominating papers by limiting the number of voters who must sign any particular set of nomination papers; and DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 527 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 17 WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency; and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. This Order supersedes and replaces the Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued July 8, 2020 and the Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued July 9, 2020. 2. With respect to the November 3, 2020 general municipal election, the requirement of Santa Monica Municipal Code Section 11.04.010 that each candidate to which it would apply shall be proposed by not less than one hundred voters (100) shall not apply and instead each candidate to which this section would apply shall be required to be proposed by not less than thirty (30) voters. 3. With respect to the November 3, 2020 general municipal election, the fee of $1 for each additional set of nomination papers after the first two sets shall be waived. 4. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services shall remain in effect throughout the nomination period for the November 3, 2020 election. /// /// DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 528 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 18 5. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 10th day of July 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: 94F0BC3A-B30B-4128-ABD6-93E907C2D346 3.L.t Packet Pg. 529 Attachment: S-20200710.Second_Revised_Twenty-First Supplement (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 1 TWENTY-SECOND SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 530 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, finding that because homelessness can exacerbate vulnerability to COVID-19, California must take measures to preserve and increase housing security for Californians to protect public health and suspending through May 31, 2020 any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 531 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 532 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 533 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 534 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 22, 2020, the Governor of California issued Executive Order N-54- 20, suspending Public Resources Code section 42283 for a period of 60 days to the extent that it prohibits retail establishments from (a) providing without charge reusable grocery bags or recycled paper bags to customers at point of sale or (b) where it is not possible to provide reusable grocery bags or recycled paper bags, providing single-use carryout bags to customers at point of sale; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 535 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 536 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 537 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 538 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 10 commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 539 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 11 provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Sixteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 29, 2020, the Governor of California issued Executive Order N-66- 20, which, among other things, found that in light of the COVID-19 pandemic and stay-at-home order there remained an ongoing need to promote housing security and stability, and extended for an additional 60 days from the date of the Order Executive Order N-28-20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 – Moving the County of Los Angeles Through Stage 2 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to specified conditions; and permitted restaurants and other food facilities that provide sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 540 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 12 County safer at home order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June 12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 541 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 13 each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community for Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 11 Safer At Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54-20, which had suspended Public Resources Code section 42283’s prohibitions relating to retail establishments providing bags to customers at point of sale; and WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 542 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 14 County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of Economic Development for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary parklets for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and specify that for compliance with certain specified mandatory seismic retrofitting requirements, the two-year extension for planning, review, and permit-related actions applies only if an application was pending as of March 13, 2020 or submitted between March 13, 2020 and the expiration of the Order; and WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 18 Safer At Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 543 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 15 WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71- 20, which, among other things, found that minimizing evictions during this period is critical to reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28- 20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 544 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 16 WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 28 Safer At Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as required or to comply with social distancing requirements imposed by the County Safer at Home orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020, to, with respect to the November 3, 2020 general municipal election, reduce the number of nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010 would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County Monitoring List and have been on the list for three consecutive days, which included Los Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care services (including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 545 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 17 WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 1 Safer At Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, as of July 14, 2020, the Los Angeles County Department of Public Health has confirmed 140,307 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, as a result of the public health emergency and the precautions recommended by health authorities, many residential and commercial tenants in Santa Monica have experienced sudden and unexpected income loss; and WHEREAS, individuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, including shelters and food banks; and WHEREAS, while a more expansive reopening of businesses was permitted by the May 29, June 11, and June 18 orders issued by the Los Angeles County Department of Public Health, subsequent serious retrogression of COVID-19 indicators led the Los Angeles County Department of Public Health to issue June 28, July 1, and July 14 orders requiring the reclosure of certain businesses, demonstrating that the economic impacts from COVID-19 and the social distancing measures implemented to address it are continuing, leaving certain residential and commercial tenants vulnerable to eviction; and WHEREAS, commercial tenants and landlords should be encouraged as much as possible to negotiate modifications to rental agreements and payment plans that will allow commercial tenants to remain in leased commercial space while not unnecessarily depriving commercial landlords of rents due for that commercial space; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement, to protect the City’s affordable housing stock, to prevent housed individuals from falling into homelessness, and to prevent loss of local businesses; and DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 546 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 18 WHEREAS, this local emergency includes an economic crisis that could only worsen the existing housing crisis in the City and in Los Angeles County; and WHEREAS, the City cannot mitigate in the emergency environment the instability and disruption of residential housing that might occur when multi-family buildings are removed from the rental market under the Ellis Act; and WHEREAS, Ellis Act removals and other no-fault evictions would displace residents from their homes during imposition of COVID-19 related social distancing, quarantine, and home isolation orders that make searching for new housing infeasible and potentially dangerous to one’s health and safety; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. Sections 1, 2 through 11, and 20 through 24 of the Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which implement an eviction moratorium for residential tenants, are extended and shall remain in effect through September 30, 2020, unless extended or expressly superseded by a duly enacted Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency Services. 2. Sections 1, 12 through 19, and 20 through 24 of the Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which implement an eviction moratorium for commercial tenants, are extended and shall remain in effect through August 31, 2020, unless extended or expressly superseded by a duly enacted Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency Services. 3. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services shall remain in effect until September 30, 2020. DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 547 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 19 4. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 15th day of July 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: 6DF69714-AC63-41E7-A001-C8B631BCF2FD 3.L.u Packet Pg. 548 Attachment: T-20200715.Supplement_22_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 TWENTY-THIRD SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 549 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, finding that because homelessness can exacerbate vulnerability to COVID-19, California must take measures to preserve and increase housing security for Californians to protect public health and suspending through May 31, 2020 any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 550 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 551 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 552 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 553 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 22, 2020, the Governor of California issued Executive Order N-54- 20, suspending Public Resources Code section 42283 for a period of 60 days to the extent that it prohibits retail establishments from (a) providing without charge reusable grocery bags or recycled paper bags to customers at point of sale or (b) where it is not possible to provide reusable grocery bags or recycled paper bags, providing single-use carryout bags to customers at point of sale; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 554 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 555 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 556 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 557 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 10 commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 558 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 11 provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 26, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, and Sixteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Sixteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 29, 2020, the Governor of California issued Executive Order N-66- 20, which, among other things, found that in light of the COVID-19 pandemic and stay-at-home order there remained an ongoing need to promote housing security and stability, and extended for an additional 60 days from the date of the Order Executive Order N-28-20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 – Moving the County of Los Angeles Through Stage 2 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to specified conditions; and permitted restaurants and other food facilities that provide sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 559 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 12 County safer at home order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued a First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June 12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 560 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 13 each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community for Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 11 Safer At Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54-20, which had suspended Public Resources Code section 42283’s prohibitions relating to retail establishments providing bags to customers at point of sale; and WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 561 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 14 County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of Economic Development subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of Economic Development for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary parklets for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and specify that for compliance with certain specified mandatory seismic retrofitting requirements, the two-year extension for planning, review, and permit-related actions applies only if an application was pending as of March 13, 2020 or submitted between March 13, 2020 and the expiration of the Order; and WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 18 Safer At Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 562 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 15 WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71- 20, which, among other things, found that minimizing evictions during this period is critical to reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28- 20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 563 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 16 WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 28 Safer At Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as required or to comply with social distancing requirements imposed by the County Safer at Home orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020, to, with respect to the November 3, 2020 general municipal election, reduce the number of nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010 would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County Monitoring List and have been on the list for three consecutive days, which included Los Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care services (including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 564 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 17 WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 1 Safer At Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through July 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued the First Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency to further clarify the requirement that all persons must wear face coverings whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private spaces, including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; clarify that having a face covering visible and immediately ready to put on whenever within 30 feet of another non-household member is intended to satisfy the face covering requirement when walking, running, biking, or otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited inquiries to those asserting exemptions from the face covering because of medical condition, mental health condition, or disability to prevent fraudulent assertions of such exemptions; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty- Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which extended the eviction moratorium for residential tenants implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement to August 31, 2020; and DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 565 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 18 WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 14 Safer At Home Order with the exceptions that it stated its intent to continue to ensure that County residents remain in their residences as much as practicable to limit close contact with others outside their household in both indoor and outdoor spaces; reemphasized that all persons who can telework or work from home should continue to do so as much as possible; restated that all gatherings of people who are not part of a single household or living unit are prohibited except for the limited purposes expressly permitted by the order; recognized that the State Public Health Officer requires all public and private schools within the County of Los Angeles to remain closed to in-person learning until certain criteria are satisfied and issued reopening protocols for schools permitted to reopen to in-person learning; directed that individuals instructed by their medical provider not to wear a face covering should wear a face shield with a drape on the bottom edge as long as their condition permits it; and included revised reopening protocols for various types of businesses; and WHEREAS, as of July 26, 2020, the Los Angeles County Department of Public Health has confirmed 176,028 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 566 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 19 IT IS HEREBY ORDERED THAT: 1. Subject to the exceptions stated in Section 2 of the Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued June 29, 2020, the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall be extended to be operative and remain in effect until August 31, 2020, at 11:59 p.m., or any later date expressly stated within the text of an individual supplement, at which time they shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto. 2. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services shall remain in effect until August 31, 2020. 3. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 28th day of July 2020. By: _________________________ LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: 48C5B5D3-D5C8-4730-8B7A-F43C8724008C 3.L.v Packet Pg. 567 Attachment: U-20200728.Supplement_23_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and TWENTY-FOURTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 568 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 569 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 570 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 571 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 572 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 573 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 574 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 575 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 576 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to specified conditions; and permitted restaurants and other food facilities that provide sit-down, DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 577 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County safer at home order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and 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 DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 578 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June 12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community for Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 11 Safer At Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for 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 DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 579 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 42283’s prohibitions relating to retail establishments providing bags to customers at point of sale; and WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of the Community Development Department for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary 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 DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 580 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 18 Safer At Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 581 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71- 20, which, among other things, found that minimizing evictions during this period is critical to reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28- 20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 28 Safer At Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as required or to comply with social distancing requirements imposed by the County Safer at Home orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 582 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020, to, with respect to the November 3, 2020 general municipal election, reduce the number of nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010 would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County Monitoring List and have been on the list for three consecutive days, which included Los Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care services (including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 1 Safer At Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through July 31, 2020, or any later date expressly stated within the text of an individual supplement; and 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 DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 583 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency to further clarify the requirement that all persons must wear face coverings whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private spaces, including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; clarify that having a face covering visible and immediately ready to put on whenever within 30 feet of another non-household member is intended to satisfy the face covering requirement when walking, running, biking, or otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited inquiries to those asserting exemptions from the face covering because of medical condition, mental health condition, or disability to prevent fraudulent assertions of such exemptions; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty- Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which extended the eviction moratorium for residential tenants implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement to August 31, 2020; and WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 14 Safer At Home Order with the exceptions that it stated its intent to continue to ensure that County residents remain in their residences as much as practicable to limit close contact with others outside their household in both indoor and outdoor spaces; reemphasized that all persons who can telework or work from home should continue to do so as much as possible; restated that all gatherings of people who are not part of a single household or living unit are prohibited except for the limited purposes expressly permitted by the order; recognized that the State Public Health Officer requires all public and private schools within the County of Los Angeles to remain closed to in-person learning until certain criteria are satisfied and issued reopening protocols for schools permitted to reopen to in-person learning; directed that individuals instructed by their medical provider not to wear a face covering should wear a face shield with a drape on the bottom edge as long as their condition permits it; and included revised reopening protocols for various types of businesses; and WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty- Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements to August 31, 2020, or any later date expressly stated within the text of an individual supplement; and, DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 584 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through August 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 18 Safer At Home Order with the exception that it provided clarification regarding when elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated requirements for childcare facilities to specify childcare must be carried out in stable groups of 12 or fewer children in the same group each day, instead of 10; and aligned with new guidance for institutes of higher education; and WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the prior versions of the Eighteenth Supplement to,authorize the specified uses of public and private outdoor spaces through the duration of 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 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, the County Department of Public Health’s Safer at Home Order prohibits gatherings of persons who are not part of a single household or living unit, regardless of the size of the gathering, unless the gathering is expressly permitted by the County Department of Public Health’s Safer at Home Order; and DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 585 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and WHEREAS, large gatherings at residences or other private property with persons who are not part of a single household or living unit, particularly if such persons are not maintaining physical distance from one another and are not wearing face coverings, increase the risk of transmission of COVID-19 and are therefore a threat to public health, safety, and general welfare; and WHEREAS, holding persons who possess or control property responsible for conducting, holding, passively aiding, allowing, abetting, or tolerating prohibited large gatherings held on property under their possession or control will likely cause those persons to properly supervise or stop such gatherings; and WHEREAS, imposing strict liability on property owners and other responsible persons for prohibited large gatherings at residences or other private property under their possession or control is necessary to deter and prevent such gatherings; and WHEREAS, as of August 22, 2020, the Los Angeles County Department of Public Health has confirmed 231,695 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: A. Prohibited Gatherings 1. The following definitions apply to the words and phrased used in Sections 2 through 6 of this Order: a. “Person” means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, or organization of any kind. b. “Prohibited gathering” means a gathering of 20 or more natural persons who are not part of a single household or living unit, unless the gathering is expressly permitted by the County Department of Public Health’s Safer at Home Order, including any amendments or successors thereto. DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 586 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and c. “Residence or other private property” means a dwelling (single-unit, multi-unit, or otherwise), a yard, a hotel or motel room, a hall or meeting room, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party, or other social function, and whether owned, leased, rented, or used with or without compensation. d. “Responsible person” means any person falling into one or more of the following categories, regardless of whether that person is present at the prohibited gathering: i. A person who organizes, supervises, officiates, conducts or controls the prohibited gathering or any other person accepting responsibility for such a prohibited gathering; ii. The parents or guardians of a person who organizes, supervises, officiates, conducts or controls the prohibited gathering, or accepts responsibility for such a prohibited gathering, if that person is a juvenile; or iii. A person or persons with a right of possession in or control over the residence or other private property on which a prohibited gathering is conducted, including, but not limited to: (1) An owner of the residence or other private property; (2) A tenant or lessee of the residence or other private property; and (3) The landlord, manager, or other person in charge of the residence or other private property. 2. Any person who is an owner, landlord, manager, tenant, lessee, or other person in charge of the residence or other private property, or the holder of any right of possession in or control over a residence or other private property within the City of Santa Monica is required to maintain, manage, and supervise the residence or other private property and all persons thereon in a manner so as not to violate the provisions of this Order. The owner of the residence or other private property remains liable for such violations regardless of any contract or agreement with any third party regarding the residence or other private property, or whether another responsible party is also liable for violation of this Order. 3. It is a violation of this Order for any responsible person to conduct or allow a prohibited gathering at a residence or other private property. 4. This Order shall be enforceable by the Santa Monica Police Department and any City officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of, or any regulations issued under, DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 587 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and this Order shall be as follows: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of this Order constitutes a separate violation and may be charged and punished separately. 5. Pursuant to Santa Monica Municipal Code 1.09.040(c), a late payment charge of 10% of the applicable fine shall be imposed for the payment of an administrative fine imposed pursuant to Section 16 of this Order after its due date. 6. Any responsible person who falls within the category set out in Section 1(d)(iii) above, regardless of whether that person also falls within one of the other categories set out in Section 1(d) above, and who fails to comply with this Order may be subject to having the utility services at the residence or other private property where the prohibited gathering was held shut off by the Water Resources Division. After issuance of a citation as authorized pursuant to Section 4, the City Manager or designee may request the Water Resources Division to shut off utility services at the residence or other private property at which a prohibited gathering was held. Upon receiving such a request, the Water Resources Division is authorized to shut off utility services to the identified residence or other private property operating in violation of this Order. B. Extension of Commercial Tenant 1 Eviction Moratorium 7. Sections 1, 14 through 19, and 20 through 24 of the Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which implement an eviction moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, are extended and shall remain in effect through September 30, 2020, unless extended or expressly superseded by a duly enacted Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency Services. C. Extension of Emergency Orders 8. Subject to the exceptions stated in Section 2 of the Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued June 29, 2020, 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 the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall be extended to be operative and remain in effect until September 30, 2020, at 11:59 p.m., or any later date expressly stated within the text of an individual supplement, at which time they shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto. DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 588 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9. The suspension of the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water or sewer bills implemented by Section 2 of the Revised Fifth Supplement is hereby continued and shall remain in effect through December 31, 2020. 10. The suspension of the imposition of late payment penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling collection bills implemented by Sections 3(a) and (c) of the Revised Fifth Supplement is hereby continued and shall remain in effect through December 31, 2020. D. General Provisions 11. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services shall remain in effect until September 30, 2020. 12. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 24th day of August 2020. By: LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: ____________________________ ______________________ DENISE ANDERSON-WARREN GEORGE S. CARDONA City Clerk Interim City Attorney DocuSign Envelope ID: E8A72E04-8F28-4736-84C4-BB31394FE042 3.L.w Packet Pg. 589 Attachment: V-20200824.Supplement_24_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 TWENTY-FIFTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 590 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 591 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 592 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Department of Public Health’s Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Department of Public Health’s Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Department of Public Health’s Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and 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 DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 593 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Department of Public Health’s Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Department of Public Health’s Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 594 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 595 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Department of Health Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower-risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 596 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Department of Public Health’s Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 597 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non- household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 598 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 10 WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home Order for Control of COVID-19 that superseded all prior Safer At Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in-person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a revised Safer At Home order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 26 Safer At Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to specified conditions; and permitted restaurants and other food facilities that provide sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy; and DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 599 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 11 WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County safer at home order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall, except for those portions of earlier supplements that were not extended by the Seventeenth Supplement, be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 600 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 12 WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the May 29 Safer At Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June 12, 2020 subject to conditions and protocols as stated in the Safer At Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community for Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 11 Safer At Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer At Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 601 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 13 recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54-20, which had suspended Public Resources Code section 42283’s prohibitions relating to retail establishments providing bags to customers at point of sale; and WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall, except for those portions of earlier supplements that were not extended by the Seventeenth Supplement, be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of the Community Development Department for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary 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 DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 602 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 14 requirements, the two-year extension for planning, review, and permit-related actions applies only if an application was pending as of March 13, 2020 or submitted between March 13, 2020 and the expiration of the Order; and WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 18 Safer At Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and 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 DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 603 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 15 WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71- 20, which, among other things, found that minimizing evictions during this period is critical to reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28- 20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the June 28 Safer At Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as required or to comply with social distancing requirements imposed by the County Safer at Home orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 604 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 16 WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020, to, with respect to the November 3, 2020 general municipal election, reduce the number of nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010 would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County Monitoring List and have been on the list for three consecutive days, which included Los Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care services (including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 1 Safer At Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Seventeenth Supplement, be operative and remain in effect through July 31, 2020, or any later date expressly stated within the text of an individual supplement; and DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 605 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 17 WHEREAS, on July 15, 2020, the Director of Emergency Services issued the First Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency to further clarify the requirement that all persons must wear face coverings whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private spaces, including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; clarify that having a face covering visible and immediately ready to put on whenever within 30 feet of another non-household member is intended to satisfy the face covering requirement when walking, running, biking, or otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited inquiries to those asserting exemptions from the face covering because of medical condition, mental health condition, or disability to prevent fraudulent assertions of such exemptions; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty- Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which extended the eviction moratorium for residential tenants implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement to August 31, 2020; and WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 14 Safer At Home Order with the exceptions that it stated its intent to continue to ensure that County residents remain in their residences as much as practicable to limit close contact with others outside their household in both indoor and outdoor spaces; reemphasized that all persons who can telework or work from home should continue to do so as much as possible; restated that all gatherings of people who are not part of a single household or living unit are prohibited except for the limited purposes expressly permitted by the order; recognized that the State Public Health Officer requires all public and private schools within the County of Los Angeles to remain closed to in-person learning until certain criteria are satisfied and issued reopening protocols for schools permitted to reopen to in-person learning; directed that individuals instructed by their medical provider not to wear a face covering should wear a face shield with a drape on the bottom edge as long as their condition permits it; and included revised reopening protocols for various types of businesses; and WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty- Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements to August 31, 2020, or any later date expressly stated within the text of an individual supplement; and, DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 606 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 18 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, except for those portions of earlier supplements that were not extended by the Seventeenth Supplement, be operative and remain in effect through August 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the July 18 Safer At Home Order with the exception that it provided clarification regarding when elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated requirements for childcare facilities to specify childcare must be carried out in stable groups of 12 or fewer children in the same group each day, instead of 10; and aligned with new guidance for institutes of higher education; and WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the prior versions of the Eighteenth Supplement to,authorize the specified uses of public and private outdoor spaces through the duration of 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 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 (“Exhibit V”), which made it a strict liability offense punishable as a misdemeanor or by administrative citation for any responsible person to conduct a gathering DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 607 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 19 of 20 or more natural persons who are not part of a single household or living unit at a residence or other private property; extended the eviction moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, through September 30, 2020; subject to the exceptions specified in the Nineteenth and Twenty-Third Supplements, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third Supplements to September 30, 2020, or any later date expressly stated within the text of an individual supplement; and extended the suspensions of the discontinuation or shut off of water service for non-payment of water or sewer bills and of late payment penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling collections bills, as originally implemented by Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December 31, 2020; and WHEREAS, on August 28, 2020, the California Department of Public Health issued a statewide order that, recognizing that community spread of infection remains a significant concern across the state, and based on the current state of the pandemic in California and current scientific understanding of transmission, further refined the State’s approach to gradually reopen businesses and activities while reducing the risk of increased community spread by adopting a targeted system for sector reopenings that relies on a set of tiers corresponding to specific epidemiological profiles based on indicators of disease burden including case rates per capita and percent of positive COVID-19 tests and proportion of testing and other COVID-19 response efforts addressing the most impacted populations within a county; under this revised framework, local health jurisdictions may reopen, or must close, specified sectors according to their county’s tier; and WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill 3088, under which, among other things, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 and August 31, 2020, if the tenant provides a declaration of COVID-19-related financial distress according to specified timelines; no tenant can be evicted for rent that accrues but is unpaid due to a COVID-19 hardship between September 1, 2020 and January 31, 2021, no tenant may be evicted if the tenant submits declarations of COVID-19-related financial distress according to specified timelines and pays 25% of the unpaid rent due by January 31, 2020; and landlords are required to provide tenants a notice detailing their rights under the legislation; and WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer At Home Orders and was essentially equivalent to the August 12 Safer At Home Order with the exception that it recognized that the daily number of new cases is still high, and COVID-19 remains widespread 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, DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 608 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 20 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 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 Seventeenth 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, as of September 8, 2020, the Los Angeles County Department of Public Health has confirmed 249,241 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREA, pursuant to the Sixteenth Supplement, issued May 19, 2020, the Housing Commission is not meeting, and the Architectural Review Board is meeting only for limited purposes; and WHEREAS, following an extension resulting from the COVID-19 pandemic, regulations of the Department of Housing and Urban Development (“HUD”) require the Santa Monica Housing Authority to adopt its 5-year plan and annual plan by October 18, 2018, and the Housing Commission is required to review and make recommendations on these plans before their adoption by the Housing Authority; and WHEREAS, any proposed revisions to the current discretionary policies established in the Housing Authority’s Administrative Plan would also require review and recommendations by the Housing Commission before adoption by the Housing Authority; and WHEREAS, at its September 8, 2020 meeting the City Council directed that the Architectural Review Board be authorized to meet to review and make recommendations regarding any staff proposals for modifications to its review authority or procedures; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 609 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 21 NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: 1. Notwithstanding Section 3 of the Sixteenth Supplement, the Architectural Review Board may conduct meetings as necessary to review and make recommendations regarding any staff proposals for modifications to its review authority or procedures. 2. Notwithstanding Section 4 of the Sixteenth Supplement, the Housing Commission may conduct meetings as necessary to review and make recommendations regarding: (a) the Housing Authority’s 5-year plan and annual plan that must be submitted to HUD by October 18, 2018; and (b) any proposed revisions to the Housing Authority’s Administrative Plan. 3. Any meetings of the Architectural Review Board or Housing Commission conducted pursuant to Sections 1 or 2 above shall be conducted in accordance with Section 6 of the Sixteenth Supplement. 4. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services shall remain in effect until September 30, 2020. 5. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 10th day of September 2020. By: LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: DENISE ANDERSON-WARREN City Clerk GEORGE S. CARDONA Interim City Attorney DocuSign Envelope ID: C83C5162-74DC-42D6-827A-166ACF9FD9EF 3.L.x Packet Pg. 610 Attachment: W-20200910.Supplement_25_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 TWENTY-SIXTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 611 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 612 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 613 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Safer at Home Order” or “Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 614 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 615 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 616 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower- risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 617 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 618 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non-household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Safer at Home Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and 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 DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 619 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 10 statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that superseded all prior County Safer at Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in- person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home order that superseded all prior County Safer at Home Orders and was essentially equivalent to the May 26 Safer at Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen 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 DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 620 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 11 WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County Safer at Home Order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the May 29 Safer at Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 621 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 12 12, 2020 subject to conditions and protocols as stated in the Safer at Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community for Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 11 Safer at Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer at Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for 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 DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 622 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 13 WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of the Community Development Department for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary 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 DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 623 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 14 WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 18 Safer at Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 624 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 15 WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71- 20, which, among other things, found that minimizing evictions during this period is critical to reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28- 20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 28 Safer at Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as required or to comply with social distancing requirements imposed by the County Safer at Home Orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 625 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 16 WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020, to, with respect to the November 3, 2020 general municipal election, reduce the number of nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010 would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County Monitoring List and have been on the list for three consecutive days, which included Los Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care services (including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 1 Safer at Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through July 31, 2020, or any later date expressly stated within the text of an individual supplement; and DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 626 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 17 WHEREAS, on July 15, 2020, the Director of Emergency Services issued the First Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency to further clarify the requirement that all persons must wear face coverings whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private spaces, including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; clarify that having a face covering visible and immediately ready to put on whenever within 30 feet of another non-household member is intended to satisfy the face covering requirement when walking, running, biking, or otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited inquiries to those asserting exemptions from the face covering because of medical condition, mental health condition, or disability to prevent fraudulent assertions of such exemptions; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty- Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which extended the eviction moratorium for residential tenants implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement to August 31, 2020; and WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 14 Safer at Home Order with the exceptions that it stated its intent to continue to ensure that County residents remain in their residences as much as practicable to limit close contact with others outside their household in both indoor and outdoor spaces; reemphasized that all persons who can telework or work from home should continue to do so as much as possible; restated that all gatherings of people who are not part of a single household or living unit are prohibited except for the limited purposes expressly permitted by the order; recognized that the State Public Health Officer requires all public and private schools within the County of Los Angeles to remain closed to in-person learning until certain criteria are satisfied and issued reopening protocols for schools permitted to reopen to in-person learning; directed that individuals instructed by their medical provider not to wear a face covering should wear a face shield with a drape on the bottom edge as long as their condition permits it; and included revised reopening protocols for various types of businesses; and WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty- Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 627 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 18 Twenty-First, and Twenty-Second Supplements to August 31, 2020, or any later date expressly stated within the text of an individual supplement; and, WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through August 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 18 Safer at Home Order with the exception that it provided clarification regarding when elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated requirements for childcare facilities to specify childcare must be carried out in stable groups of 12 or fewer children in the same group each day, instead of 10; and aligned with new guidance for institutes of higher education; and WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the prior versions of the Eighteenth Supplement to authorize the specified uses of public and private outdoor spaces through the duration of the County Safer at Home Order, plus an additional 30 days, so long as businesses either enter into an encroachment agreement with or obtain a permit from the City; allow the City to assess a monthly fee for the use of space in the public right-of-way after November 1, 2020, with 30 days’ notice provided to businesses; authorize the use of canopies and propane heaters in private and public outdoor spaces in compliance with specified guidelines; permit tables and chairs to be left secured outside the business overnight and so long as there is at least five (5) feet of unobstructed access on the sidewalk; set standards for decks in both 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 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 DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 628 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 19 WHEREAS, on August 24, 2020, the Director of Emergency Services issued a Twenty- Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which made it a strict liability offense punishable as a misdemeanor or by administrative citation for any responsible person to conduct a gathering of 20 or more natural persons who are not part of a single household or living unit at a residence or other private property; extended the eviction moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, through September 30, 2020; subject to the exceptions specified in the Nineteenth and Twenty-Third Supplements, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third Supplements to September 30, 2020, or any later date expressly stated within the text of an individual supplement; and extended the suspensions of the discontinuation or shut off of water service for non-payment of water or sewer bills and of late payment penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling collections bills, as originally implemented by Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December 31, 2020; and WHEREAS, on August 28, 2020, the California Department of Public Health issued a statewide order that, recognizing that community spread of infection remains a significant concern across the state, and based on the current state of the pandemic in California and current scientific understanding of transmission, further refined the State’s approach to gradually reopen businesses and activities while reducing the risk of increased community spread by adopting a targeted system for sector reopenings that relies on a set of tiers corresponding to specific epidemiological profiles based on indicators of disease burden including case rates per capita and percent of positive COVID-19 tests and proportion of testing and other COVID-19 response efforts addressing the most impacted populations within a county; under this revised framework, local health jurisdictions may reopen, or must close, specified sectors according to their county’s tier; and WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill 3088, under which, among other things, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 and August 31, 2020, if the tenant provides a declaration of COVID-19-related financial distress according to specified timelines; no tenant can be evicted for rent that accrues but is unpaid due to a COVID-19 hardship between September 1, 2020 and January 31, 2021 if the tenant submits declarations of COVID-19-related financial distress according to specified timelines and pays 25% of the unpaid rent due by January 31, 2020; and landlords are required to provide tenants a notice detailing their rights under the legislation; and WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the August 12 Safer at Home Order with the exception that it recognized that the daily number of new cases is still high, and COVID-19 remains widespread DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 629 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 20 in Los Angeles County; cited the State’s August 28, 2020 issuance of its Blue Print for a Safer Economy, which describes the tiered approach to relaxing and tightening restrictions on activities based on specified criteria; allowed barbershops and hair salons to reopen indoor operations at 25% of maximum occupancy and with required modifications, while encouraging operators to provide as many services as possible outside; and, beginning September 14, 2020, allowed K-12 schools to offer in-school services for a small, stable cohort of students with Individualized Education Programs or English Learners needing assessments and/or specialized in-school services, with priority given to students with disabilities; and WHEREAS, on September 4, 2020, the United States Center for Disease Control and Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like quarantine, isolation, and social distancing – can be an effective public health measure utilized to prevent the spread of communicable disease,” that eviction moratoria “facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition” and “allow State and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID-19,” and that “housing stability helps protect public health because homelessness increases the likelihood of individuals moving into congregate settings, such as homeless shelters, which then puts individuals at higher risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order, applicable in any State or local area without a moratorium on residential evictions that provides the same or greater level of public-health protections as the requirements in the order, requiring that, through December 31, 2020, subject to further extension, modification, or rescission, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action shall not evict any covered person (as defined in the order) from any residential property in any State in which there are documented cases of COVID-19; and WHEREAS, on September 8, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, and Twenty-Fourth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Seventeenth 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; DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 630 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 21 WHEREAS, as of September 17, 2020, the Los Angeles County Department of Public Health has confirmed 257,271 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, the City has an important government interest in protecting the health, safety, and economic welfare of its citizens and businesses and maintaining a thriving business community; and WHEREAS, as a result of the public health emergency and the precautions recommended by health authorities, many residential and commercial tenants in Santa Monica have experienced sudden and unexpected income loss; and WHEREAS, individuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, including shelters and food banks; and WHEREAS, the continuing economic impacts from COVID-19 and the social distancing measures implemented to address it are anticipated, leaving certain residential and commercial tenants vulnerable to eviction even following the limited reopenings of businesses, often subject to strict occupancy limits, permitted by the County Safer at Home Order; and WHEREAS, commercial tenants and landlords should be encouraged as much as possible to negotiate modifications to rental agreements and payment plans that will allow commercial tenants to remain in leased commercial space while not unnecessarily depriving commercial landlords of rents due for that commercial space; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement, to protect the City’s affordable housing stock, to prevent housed individuals from falling into homelessness, and to prevent loss of local businesses; and WHEREAS, this local emergency includes an economic crisis that could only worsen the existing housing crisis in the City and in Los Angeles County; and WHEREAS, no-fault evictions would displace residents from their homes during imposition of COVID-19 related social distancing, quarantine, and home isolation orders that make searching for new housing infeasible and potentially dangerous to one’s health and safety; and WHEREAS, the County Safer at Home Order prohibits gatherings of persons who are not part of a single household or living unit, regardless of the size of the gathering, unless the gathering is expressly permitted by the County Safer at Home Order, with the result that most DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 631 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 22 events that persons would regularly attend for purposes of entertainment and social gatherings, are prohibited; and WHEREAS, providing alternative sites for events that can be conducted in accordance with protocols put in place by the County Safer at Home Order to enable them to be conducted while minimizing the risk of spreading COVID-19 will serve to discourage persons from engaging in unpermitted events that might contribute to the spread of COVID-19; and WHEREAS, Santa Monica Municipal Code section 4.55.030 (a) provides that it is unlawful for any person to provide fitness or athletic instruction without City authorization in any City park or the beach, (b) enables the Director of the Department of Community and Cultural Services (now the Department of Community Services) to promulgate regulations to implement the authorization system for fitness or athletic instruction use of City parks or beaches, including, among other things, the permit types, limits on locations, and hours and group size restrictions, and (c) that holders of any fitness or athletic instruction permit must pay the City a permit and a use charge fee, as set by City Council resolution; and WHEREAS, expanding the authorization for fitness and athletic instructions and reducing or eliminating the associated use charge will encourage and enable gym and fitness establishments to operate safely outdoors during the pendency of the COVID-19 emergency; and WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the imposition of fees for the private commercial use of public property; and   WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council: IT IS HEREBY ORDERED THAT: A. Gatherings and Events in Accordance with Safer at Home Orders 1. This Order supersedes and replaces Section 1 of the Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency. DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 632 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 23 2. All social gatherings (events, activities, programs, and gatherings) that were scheduled to occur in City facilities by permit or license during the effective period of this Order shall be cancelled, except to the extent that City staff determine that they are permitted by and will be conducted in accordance with all requirements imposed by the County Safer at Home Order, including any amendments or successors thereto. The Chief Financial Officer shall establish guidelines for processing requests for refunds for cancelled gatherings. 3. To the extent permitted by the County Safer at Home Order, including any amendments or successors thereto, and in accordance with any requirements imposed by those orders, the Director of the Community Services Department or designee may implement 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 that meet standard City requirements for insurance, indemnification, security, Police, Building and Safety, Fire Department, recycling, clean- up, waste disposal, signage, and accessibility, and receive all other necessary government approvals. To the extent there is any conflict between such guidelines and regulations and Administrative Instruction II-4-4 (Events), the guidelines and regulations shall govern during the pendency of this Order. B. Extension of Residential Tenant Eviction Moratorium 4. AB 3088 precludes the City from extending the eviction moratorium for residential tenants for nonpayment of rent due to the financial impacts of COVID-19 implemented by Sections 1, 2, 6 through 11, and 20 through 24 of the Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (the “Fifth Revised First Supplement”) to apply to rent due and unpaid after September 30, 2020, the date to which the eviction moratorium had been extended by the Twenty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, issued July 15, 2020. Accordingly: (a) Sections 1, 2, 6 through 11, and 20 through 24, as they apply to nonpayment of rent due to the financial impacts of COVID-19, shall apply only to such rent that was due and unpaid between March 14, 2020 and September 30, 2020; and (b) through September 30, 2021, a landlord may not endeavor to evict a covered residential tenant for nonpayment of such rent due to the financial impacts of COVID-19. 5. Sections 1, 3a, 4 through 11, and 20 through 24 of the Fifth Revised Supplement, which implement an eviction moratorium for residential tenants for reasons other than nonpayment of rent due to the financial impacts of COVID-19, are extended and shall remain in effect through December 31, 2020, unless extended or expressly superseded by a duly enacted Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency Services. For purposes of clarity, as used in Section 3a of the Fifth Revised Supplement, “no-fault eviction” includes an eviction occasioned by an Ellis Act withdrawal. C. Extension of Commercial Tenant 1 Eviction Moratorium DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 633 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 24 6. Subject to Section 7 of this Order, Sections 1, 14 through 19, and 20 through 24 of the Fifth Revised First Supplement, which implement an eviction moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, are extended and shall remain in effect through December 31, 2020, unless extended or expressly superseded by a duly enacted Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency Services. 7. For rent due after September 30, 2020, the temporary moratorium on eviction for nonpayment of rent by a commercial tenant 1 impacted by the COVID-19 crisis shall apply only if the commercial tenant 1: (a) satisfies the requirements set forth in Sections 14(a) and (b) of the Fifth Revised First Supplement; and (b) except for rent due for periods in which the commercial tenant 1’s business remains closed because the County Safer at Home Order, including any amendments or successors thereto, requires it to remain closed, pays at least 50% of such rent in accordance with the terms for payment, including timing of payment, set forth in the commercial tenant 1’s lease. D. Gym and Fitness Establishments 8. The definitions in Santa Monica Municipal Code Section 4.55.020 apply to the words and phrases used in Sections 8 through 14 of this Order. In addition, as used in Sections 8 through 14 of this Order: a. “City park parking lot” means a “City park parking lot” as that term is defined in Santa Monica Municipal Code Section 4.55.020 that is designated for commercial fitness instruction pursuant to regulations promulgated by the Director of the Community Services Department or designee. b. “Gym and fitness establishments” mean gyms, exercise clubs, or studios offering martial arts, physical exercise, yoga training, and similar types of instruction to classes and groups. c. “Commercial fitness instruction” means fitness or athletic instruction, classes, or camps offered for compensation by a gym and fitness establishment. 9. Sections 8 through 14 of this Order apply to legally established gym and fitness establishments that have a current business license with the City and either (a) have an existing commercial fitness instruction permit or (b) receive a temporary permit from the Director of the Community Services Department or designee for commercial fitness instruction as authorized by this Order. 10. Gym and fitness establishments that are permitted to open for outdoor operations by applicable State Executive Orders, State Health Officer Orders, and the County Safer at Home Order, including any amendments and successors thereto, and that do open for outdoor operations in accordance with such orders and any and all social distancing and infection control protocols imposed by such orders, shall be permitted to provide commercial fitness instruction at any City park, City beach, or City park parking lot in accordance with the following terms and conditions: DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 634 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 25 a. Gym and fitness establishments that do not have an existing commercial fitness instruction permit must apply for and obtain a temporary permit from the Director of the Community Services Department or designee for commercial fitness instruction as authorized by this Order. The permit fee shall be the same as the permit fee for commercial fitness instruction, as set forth in Resolution No. 11263 (CCS), adopted by the City Council on June 23, 2020. Any such permit applied for and obtained during the pendency of this Order shall be valid from the date of its issuance until December 31, 2021. b. Gym and fitness establishments with an existing commercial fitness instruction permit may continue to utilize that permit subject to the terms and conditions stated in this Section. For the purposes of clarity, the term of existing commercial fitness instruction permits is not affected by this Order and shall expire on December 31, 2020. c. Commercial fitness instruction must be conducted in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Safer at Home Order, including any amendments and successors thereto. d. In addition to any location and group size restrictions identified in regulations promulgated pursuant to Section 12, gym and fitness establishments may offer commercial fitness instruction for (i) medium groups at Barnard Way Linear Park, (ii) small, medium, or large groups at Ken Genser Square, and (iii) medium and large groups at Tongva Park. e. Gym and fitness establishments must submit to the City quarterly reports identifying hours of instruction at a City park, City beach, or City park parking lot by location. f. For any quarter or portion thereof during which the County Safer at Home Order, including any amendments and successors thereto, prohibits gym and fitness establishments from operating indoors at an occupancy rate greater than 50%, gym and fitness establishments are not required to pay the quarterly use charges, as set forth in forth in Resolution No. 11263 (CCS), adopted by the City Council on June 23, 2020, unless the gym and fitness establishment is operating at Palisades Park in which case the quarterly use charges shall be (i) $450 per quarter for small groups (not more than 2); $900 per quarter for medium groups (not more than 10); and (iii) $1,350 per quarter for large groups (not more than 15). g. For any gym and fitness establishment seeking to utilize a field at Memorial Park for commercial fitness instruction, the sports facility rental charge fee is waived for such use between 8 am and 2 pm Monday through Friday. h. Nothing in this Order shall confer any vested rights to any ongoing or continuing activities beyond the expiration of this Order . DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 635 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 26 i. Gym and fitness establishments must comply with all applicable laws and regulations, including, but not limited, to any regulations promulgated pursuant to Section 12. 11. Chapter 4.55 of the Santa Monica Municipal Code and applicable portions of Resolution No. 11263 (CCS) relating to the permit and quarterly use fees for commercial fitness instruction and the sports facility rental charge fee for Memorial Park are hereby temporarily suspended to the extent necessary to accommodate commercial fitness instruction authorized by this Order. 12. The Director of the Community Services Department or designee shall be authorized to (a) issue a temporary permit for commercial fitness instruction as authorized by this Order and (b) promulgate regulations to implement Sections 8 through 14 of this Order 13. The City, in its sole and complete discretion, may suspend, revoke, or deny the issuance of any temporary permit for commercial fitness instruction authorized by this Order for, among other things, any failure to comply with: (a) the terms and conditions as set forth in Section 10 of this Order; (b) any regulations issued pursuant to Section 12 of this Order; or (c) any other applicable law. Any revocation, suspension, or denial decision is appealable to a Hearing Examiner pursuant to Chapter 6.16 of the Santa Monica Municipal Code. 14. In addition to or in lieu of any suspension, revocation, or denial pursuant to Section 14, Sections 8 through 10 and any regulations promulgated under Section 12 of this Order (collectively, the “temporary commercial fitness restrictions”) shall be enforceable by an Enforcement Officer, as that term is defined by Santa Monica Municipal Code Section 1.09.020, through the issuance of an administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of the temporary commercial fitness restrictions by a gym and fitness establishment shall be: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1,000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of the temporary commercial fitness restrictions constitutes a separate violation and may be charged and punished separately. E. Penalty Assessments for Business Licenses and Business Improvement Districts 15. Sections 15 through 17 of this Order supersede and replace Section 5 of the Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued March 18, 2020. 16. All penalties related to business licenses and business improvement district assessments for fiscal year 2019-2020 shall be frozen as of March 1, 2020 and suspended through October 31, 2020. Commencing on November 1, 2020, penalties related to business licenses and business improvement district assessments for fiscal year 2019- 2020 shall resume at the rate of 10 percent for each month or portion thereof that any business license tax or business improvement district assessment remains unpaid. As DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 636 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 27 provided by SMMC 6.04.160, in no case shall the penalty exceed 100 percent of the unpaid balance due. 17. Penalties related to business licenses for fiscal year 2020-2021 shall begin to accrue as of September 1, 2020, unless an extension application was timely submitted pursuant to the Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency. Penalties related to business improvement district assessments for fiscal year 2020-2021 are not suspended and shall begin to accrue if such assessments are not timely paid. F. Extension of Emergency Orders 18. Subject to the exceptions stated in Section 2 of the Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency issued June 29, 2020, 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, and Twenty-Fifth Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency shall be extended to be operative and remain in effect until December 31, 2020, at 11:59 p.m., or any later date expressly stated within the text of an individual supplement, at which time they shall automatically expire unless earlier extended or expressly superseded by an action of the City Council or by a further Executive Order of the Director of Emergency Services or Supplement thereto. G. General Provisions 19. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services: (a) Sections 1 through 7 and Sections 15 through 18 shall remain in effect until December 31, 2020; and (b) Sections 8 through 14 shall remain in effect while the County Safer at Home Order, including any amendments and successors thereto, is in place; . 20. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 637 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 28 ADOPTED this 18th day of September 2020. By: LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: DENISE ANDERSON-WARREN City Clerk GEORGE S. CARDONA Interim City Attorney DocuSign Envelope ID: 155FB50F-ED7D-4591-9C5C-8B187C1B552E 3.L.y Packet Pg. 638 Attachment: X-20200918.Supplement_26_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 TWENTY-SEVENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 639 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 640 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 641 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 4 bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Safer at Home Order” or “Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 642 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 5 City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 643 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 6 WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 644 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 7 sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower- risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 645 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 8 use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 646 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 9 guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non-household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Safer at Home Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and 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 DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 647 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 10 statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that superseded all prior County Safer at Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in- person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home order that superseded all prior County Safer at Home Orders and was essentially equivalent to the May 26 Safer at Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen 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 DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 648 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 11 WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County Safer at Home Order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the May 29 Safer at Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 649 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 12 12, 2020 subject to conditions and protocols as stated in the Safer at Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community for Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 11 Safer at Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer at Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for 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 DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 650 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 13 WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-10 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of the Community Development Department for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary 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 DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 651 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 14 WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 18 Safer at Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 652 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 15 WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71- 20, which, among other things, found that minimizing evictions during this period is critical to reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28- 20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 28 Safer at Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as required or to comply with social distancing requirements imposed by the County Safer at Home Orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 653 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 16 WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020, to, with respect to the November 3, 2020 general municipal election, reduce the number of nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010 would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County Monitoring List and have been on the list for three consecutive days, which included Los Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care services (including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 1 Safer at Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through July 31, 2020, or any later date expressly stated within the text of an individual supplement; and DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 654 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 17 WHEREAS, on July 15, 2020, the Director of Emergency Services issued the First Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency to further clarify the requirement that all persons must wear face coverings whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private spaces, including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; clarify that having a face covering visible and immediately ready to put on whenever within 30 feet of another non-household member is intended to satisfy the face covering requirement when walking, running, biking, or otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited inquiries to those asserting exemptions from the face covering because of medical condition, mental health condition, or disability to prevent fraudulent assertions of such exemptions; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty- Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which extended the eviction moratorium for residential tenants implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement to August 31, 2020; and WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 14 Safer at Home Order with the exceptions that it stated its intent to continue to ensure that County residents remain in their residences as much as practicable to limit close contact with others outside their household in both indoor and outdoor spaces; reemphasized that all persons who can telework or work from home should continue to do so as much as possible; restated that all gatherings of people who are not part of a single household or living unit are prohibited except for the limited purposes expressly permitted by the order; recognized that the State Public Health Officer requires all public and private schools within the County of Los Angeles to remain closed to in-person learning until certain criteria are satisfied and issued reopening protocols for schools permitted to reopen to in-person learning; directed that individuals instructed by their medical provider not to wear a face covering should wear a face shield with a drape on the bottom edge as long as their condition permits it; and included revised reopening protocols for various types of businesses; and WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty- Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 655 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 18 Twenty-First, and Twenty-Second Supplements to August 31, 2020, or any later date expressly stated within the text of an individual supplement; and, WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through August 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 18 Safer at Home Order with the exception that it provided clarification regarding when elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated requirements for childcare facilities to specify childcare must be carried out in stable groups of 12 or fewer children in the same group each day, instead of 10; and aligned with new guidance for institutes of higher education; and WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the prior versions of the Eighteenth Supplement to authorize the specified uses of public and private outdoor spaces through the duration of the County Safer at Home Order, plus an additional 30 days, so long as businesses either enter into an encroachment agreement with or obtain a permit from the City; allow the City to assess a monthly fee for the use of space in the public right-of-way after November 1, 2020, with 30 days’ notice provided to businesses; authorize the use of canopies and propane heaters in private and public outdoor spaces in compliance with specified guidelines; permit tables and chairs to be left secured outside the business overnight and so long as there is at least five (5) feet of unobstructed access on the sidewalk; set standards for decks in both 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 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 DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 656 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 19 WHEREAS, on August 24, 2020, the Director of Emergency Services issued a Twenty- Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which made it a strict liability offense punishable as a misdemeanor or by administrative citation for any responsible person to conduct a gathering of 20 or more natural persons who are not part of a single household or living unit at a residence or other private property; extended the eviction moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, through September 30, 2020; subject to the exceptions specified in the Nineteenth and Twenty-Third Supplements, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third Supplements to September 30, 2020, or any later date expressly stated within the text of an individual supplement; and extended the suspensions of the discontinuation or shut off of water service for non-payment of water or sewer bills and of late payment penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling collections bills, as originally implemented by Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December 31, 2020; and WHEREAS, on August 28, 2020, the California Department of Public Health issued a statewide order that, recognizing that community spread of infection remains a significant concern across the state, and based on the current state of the pandemic in California and current scientific understanding of transmission, further refined the State’s approach to gradually reopen businesses and activities while reducing the risk of increased community spread by adopting a targeted system for sector reopenings that relies on a set of tiers corresponding to specific epidemiological profiles based on indicators of disease burden including case rates per capita and percent of positive COVID-19 tests and proportion of testing and other COVID-19 response efforts addressing the most impacted populations within a county; under this revised framework, local health jurisdictions may reopen, or must close, specified sectors according to their county’s tier; and WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill 3088, under which, among other things, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 and August 31, 2020, if the tenant provides a declaration of COVID-19-related financial distress according to specified timelines; no tenant can be evicted for rent that accrues but is unpaid due to a COVID-19 hardship between September 1, 2020 and January 31, 2021 if the tenant submits declarations of COVID-19-related financial distress according to specified timelines and pays 25% of the unpaid rent due by January 31, 2020; and landlords are required to provide tenants a notice detailing their rights under the legislation; and WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the August 12 Safer at Home Order with the exception that it recognized that the daily number of new cases is still high, and COVID-19 remains widespread DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 657 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 20 in Los Angeles County; cited the State’s August 28, 2020 issuance of its Blue Print for a Safer Economy, which describes the tiered approach to relaxing and tightening restrictions on activities based on specified criteria; allowed barbershops and hair salons to reopen indoor operations at 25% of maximum occupancy and with required modifications, while encouraging operators to provide as many services as possible outside; and, beginning September 14, 2020, allowed K-12 schools to offer in-school services for a small, stable cohort of students with Individualized Education Programs or English Learners needing assessments and/or specialized in-school services, with priority given to students with disabilities; and WHEREAS, on September 4, 2020, the United States Center for Disease Control and Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like quarantine, isolation, and social distancing – can be an effective public health measure utilized to prevent the spread of communicable disease,” that eviction moratoria “facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition” and “allow State and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID-19,” and that “housing stability helps protect public health because homelessness increases the likelihood of individuals moving into congregate settings, such as homeless shelters, which then puts individuals at higher risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order, applicable in any State or local area without a moratorium on residential evictions that provides the same or greater level of public-health protections as the requirements in the order, requiring that, through December 31, 2020, subject to further extension, modification, or rescission, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action shall not evict any covered person (as defined in the order) from any residential property in any State in which there are documented cases of COVID-19; and WHEREAS, on September 8, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, and Twenty-Fourth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Seventeenth 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 DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 658 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 21 facilities by permit or license if they are permitted by and will be conducted in accordance with all requirements of the County Safer at Home Order; authorized the Director of the Community Services Director to implement guidelines and regulations to permit the use of City sites for drive-in movie theaters, vehicle-based parades, concerts, and other events to the extent permitted by and conducted in accordance with all requirements of the County Safer at Home Order; extended the City’s moratorium on evictions of residential tenants for reasons other than nonpayment of rent through December 31, 2020; extended the eviction moratorium for nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised First Supplement) through December 31, 2020, subject to the requirement that for rent due after September 30, 2020, except for rent due for periods in which the commercial tenant 1’s business remains closed because the County Safer at Home Order requires it to remain closed, the commercial tenant 1 must pay at least 50% of the rent due in accordance with the terms for payment set out in the tenant’s lease; authorized the Director of the Community Services Department to promulgate regulations and issue permits for gym and fitness establishments to engage in commercial fitness activities at City parks, City park parking lots, and City beaches; superseded and replaced Section 5 of the Revised Fifth Supplement so that penalties related to business licenses for fiscal year 2020-2021 will begin to accrue as of September 1, 2020 unless an extension application was timely filed pursuant to the Third Revised Eighteenth Supplement and penalties related to business improvement district assessments for fiscal year 2020-2021 are not suspended and will begin to accrue if the assessments are not timely paid; with the same exceptions specified in the Nineteenth, Twenty-Third, and Twenty-Fourth Supplements (the latter of which extended the expiration of the supplements to September 30, 2020), extends the expiration of prior supplements that remain in place to December 31, 2020 unless a later expiration date is provided in an individual supplement; and WHEREAS, on 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, as of October 6, 2020, the Los Angeles County Department of Public Health has confirmed 275,856 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 659 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 22 WHEREAS, the City’s most popular public spaces in the downtown business district are the Third Street Promenade (the “Promenade”), the Pier, and the Transit Mall, drawing millions of visitors a year, and maintaining safe circulation in these spaces is an ongoing challenge; and WHEREAS, the Promenade is a three-block-long portion of a public street that the City has closed to all but emergency vehicular traffic; and, WHEREAS, except for its heavily traveled cross streets and certain narrow alleyways, the Promenade is enclosed on both sides by two- and three-story structures; and WHEREAS, the Pier is a long, narrow space, only 35 feet wide at some points, with ingress and egress at only one end; and WHEREAS, the Transit Mall is located in the heart of downtown and is composed of the wide sidewalks on Santa Monica Boulevard and Broadway from the east side of Ocean Avenue to the west side of Fifth Street; and WHEREAS, the Transit Mall sidewalks are bounded on one side by building walls and on the other by very busy streets carrying a high number of buses in addition to the typical vehicular traffic; and WHEREAS, maintaining public safety in the Promenade, the Pier, and the Transit Mall presents special challenges to the City’s public safety personnel, particularly in times of emergency, because of the very large crowds, narrow roadways, limited ingress and egress, and fixed impediments to circulation; and WHEREAS, due to the physical constraints of the Pier, the Promenade, and the Transit Mall, the crowds that gather at these public spaces, and the safety emergencies that have occurred there over the years, there is little margin for error; and WHEREAS, since the late 1980s, the City of Santa Monica has enacted and refined its street performance laws, and as detailed in the administrative record, such laws recognize performers’ value to the community, respect constitutional rights, protect the free flow of pedestrian traffic and the safety of residents, workers, and visitors in crowded public places, shield local businesses from unfair competition, and preserve the aesthetic qualities of public spaces; and WHEREAS, street performers enrich the ambiance of Santa Monica’s unique and stimulating public spaces, and their presence in the City's most popular spaces reflects Santa Monica's commitment to the arts and to the free exchange of ideas; and WHEREAS, despite their value to the community, street performance occurring on crowded public thoroughfares can jeopardize public safety and welfare by blocking traffic, impairing emergency ingress and egress, creating unfair competition, and adversely affecting aesthetics; and DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 660 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 23 WHEREAS, the City addresses these concerns by ensuring that performers are aware of the safety requirements relating to equipment, spacing, and the safety of their acts before the performers commence their performance on the Third Street Promenade, the Pier, or the Transit Mall through the requirement of obtaining a permit at which time the performers obtain a copy of the City's regulations; and WHEREAS, pursuant to Santa Monica Municipal Code section 6.112.030, no person may perform on the Promenade, the Pier, or the Transmit Mall without first obtaining a permit unless the performance is conducted on Monday through Friday prior to noon and the day is not a holiday; and WHEREAS, the public safety and welfare concerns presented by street performers are heightened during the COVID-19 emergency during which the County Safer at Home Order mandates that persons leaving their home strictly comply with social (physical) distancing requirements, including maintaining at least six feet of physical distance from those who are not members of their household, and generally prohibits events and gatherings; and WHEREAS, the Los Angeles County Department of Public Health has received complaints that street performers performing in the Promenade are drawing large crowds that are not practicing social distancing and obstructing passageways for pedestrians; and WHEREAS, the Los Angeles County Department of Public Health has informed the City that the County Safer at Home Order prohibits live audiences for street performers, even if persons from different households observing such a performance maintain physical distancing from one another and wear face coverings, and WHEREAS, it is infeasible for the City to enforce a prohibition on live audiences for street performers in the Promenade, the Santa Monica Pier, and the Transit Mall, all of which are destinations that attract large numbers of visitors, many of whom stop to observe street performers, during the weekends and after noon Mondays through Fridays when such public places have a greater number of visitors; and WHEREAS, temporarily suspending the issuance of permits for street performers and suspending any such permit that has already been issued during the time period that the County maintains its position that there can be no live audience for street performances furthers significant public health, safety, and welfare interests of ensuring that events and gatherings prohibited by the County Safer at Home Order do not occur; and WHEREAS, prior to the COVID emergency, the City painted and maintained 24 stars on the Pier surface to effectuate the street performance spacing requirements of Santa Monica Municipal Code section 6.112.060, but the placement of those stars does not take into account the increased physical distancing requirements of the County Safer at Home Order; and WHEREAS, Section 6.112.050 of the Santa Monica Municipal Code contains time, place, and manner restrictions on where performers may perform on the Promenade and Transit Mall but does not designate specified spaces where performers may perform; and DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 661 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 24 WHEREAS, providing the ability to modify the location of the designated street performer spaces on the Pier and designate spaces on the Promenade and Transit Mall during the pendency of the COVID emergency where performers may perform prior to noon Monday through Friday (unless it is a holiday) without a performance permit is necessary to ensure sufficient spacing for performers and the free flow of pedestrian traffic and the ingress and egress of emergency vehicles; and WHEREAS, prior to the COVID emergency, the City was conducting multiple in person lotteries a day to allocate performance locations on the Pier, which provided performers fair and equal opportunity to perform while at the same time ensuring that circulation on the Pier's limited deck space was not compromised; WHEREAS, temporarily suspending with leave to temporarily modify the lottery regulations on the Pier during the pendency of the COVID emergency is necessary to ensure compliance with the County Safer at Home Order’s social (physical) distancing requirements and prohibition on events and gatherings of non-household members; and WHEREAS, temporarily allowing businesses to designate certain parking meter spaces as a free curbside pickup zone will assist businesses that rely on curbside pickup to facilitate the purchase and sales of goods and food in compliance with the social distancing and infection control protocols imposed by the County Safer at Home Order; WHEREAS, on August 20, 2020, to expedite and facilitate the use of grant funds to prevent, prepare for, and respond to COVID-19, the United States Department of Housing and Urban Development (“HUD”) implemented program rules, statutory and regulatory waivers, and alternative requirements (the “HUD CDBG COVID-19 Rules”) applicable to supplemental Community Development Block Grant (“CDBG”) funds made available to prevent, prepare for, and respond to COVID-19 and to annual CDBG grants awarded in fiscal years 2019 and 2020; and WHEREAS, certain provisions in Chapter 2.68 of the Santa Monica Municipal Code (“SMMC”), CDBG Program Procedures and Policies, are inconsistent with the HUD CDBG COVID-19 Rules; and WHEREAS, temporarily suspending certain of the provisions in SMMC Chapter 2.68 will permit the City to submit an Amended Consolidated Plan and annual performance report in accordance with the HUD CDBG COVID-19 Rules; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, authorizing the City to issue Temporary Use Permits for certain uses allowed by the County Safer at Home Order for a period longer than 45 days but less than 180 days will allow businesses to operate safely during the pendency of this COVID-19 emergency; and DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 662 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 25 WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council. IT IS HEREBY ORDERED THAT: A. Street Performance on the Pier, Third Street Promenade, or Transit Mall 1. The definitions in Santa Monica Municipal Code Section 6.112.020 apply to the words and phrases used in Sections 1 through 8 of this Order. In addition, as used in Sections 1 through 8 of this Order: a. “Gathering” means a group of stationary persons from more than one household or living unit who have stopped their movement for the purpose of observing a performer. A gathering does not include persons who are standing in line to enter a business or any person who would be exempt from the sitting or lying down restrictions set forth in Section 3.12.360(a)(2)(A)-(G) of the Santa Monica Municipal Code. b. “Temporary performance spaces” means the spaces on the Pier, Third Street Promenade, or Transit Mall (a) designated by the Director of the Community Development Department or designee for use by performers in accordance with this Order, and (b) demarcated by the City on the Pier, Third Street Promenade, or Transit Mall. 2. The City shall suspend the issuance of any performance permit under Section 6.112.050 during the pendency of this Order. Any such performance permit that has already been issued shall be suspended for the duration of this Order. 3. No performer may perform with a suspended performance permit at the Pier, Third Street Promenade, or the Transit Mall if a performance permit would otherwise be required by Section 6.112.030(b) at the time of the performance. 4. No person may partake in a gathering to observe a street performer. 5. Sections 1 through 8 of this Order apply to performers who perform on the Pier, Third Street Promenade, and Transit Mall prior to noon Monday through Friday (unless a holiday) during which performance permits are not required under Section 6.112.030(b) of the Santa Monica Municipal Code. In addition to any requirement in DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 663 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 26 Chapter 6.112 not expressly superseded by this Order, performers performing in such locations during such times shall comply with the following terms and conditions: a. Performers must comply with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County Safer at Home Order, including any amendments and successors thereto. b. To comply with the County Safer at Home Order, a performer is prohibited from (i) encouraging, directly or indirectly, any person from gathering to observe the performance and (ii) performing as part of a group performance unless all performers participating in the group performance reside within a single household or living unit or maintain at least 6 feet of physical distance from one another at all times. c. Notwithstanding anything to the contrary in the First Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Twentieth Supplement”), performers must wear a face covering, as defined in the Twentieth Supplement, while they are performing, unless the performer has been instructed by his or her medical provider not to wear a face covering. If a performer has been so instructed, the performer must wear a face shield with a drape on the bottom edge while they are performing. d. Notwithstanding anything to the contrary in Santa Monica Municipal Code section 6.112.060(c)(9), performers on the Pier must perform within no more than 4 feet (in any direction) of the stars painted on the Pier surface or, if designated and demarcated by the City, the temporary performance space. e. In the event the City designates and demarcates temporary performance space for the Third Street Promenade or the Transmit Mall, performers on the Third Street Promenade or the Transmit Mall must perform within no more than 4 feet (in any direction) of any such temporary performance space, notwithstanding anything to the contrary in Santa Monica Municipal Code section 6.112.050(c). In the absence of a designated and demarcated temporary performance space on the Third Street Promenade or the Transmit Mall, performers performing in those locations shall comply with the spacing restrictions set forth in Santa Monica Municipal Code section 6.112.050(c). f. Performers are prohibited from moving, obstructing, or otherwise modifying any sign posted by the City adjacent to a star painted on the Pier surface, a temporary performance spaces, or a performer that informs the public regarding the requirements of this Order or the County Safer at Home Order. g. Notwithstanding anything to the contrary in Santa Monica Municipal Code section 6.112.060(c)(9), performers on the Pier must comply with any temporary lottery or voucher system the City implements pursuant to regulations DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 664 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 27 promulgated under Section 7 of this Order to allocate performance locations and ensure that all performers participating in the temporary lottery or voucher system have a fair and equal opportunity to perform or obtain preferred performance location. Until such a temporary lottery or voucher system is implemented, performers on the Pier may perform only adjacent to a star painted on the Pier or, if designated and demarcated by the City, a temporary performance spaces in compliance with this Order and with the time limitation and distancing requirements set forth in Santa Monica Municipal Code section 6.112.060(c)(4). After any such temporary lottery or voucher system is implemented, the time limitation and distancing requirements set forth in Santa Monica Municipal Code section 6.112.060(c)(4) shall not apply and shall be superseded by the provisions of the temporary lottery or voucher system. h. Performers must comply with all applicable laws and regulations, including, but not limited, to any regulations promulgated pursuant to Section 7. 6. Sections 6.112.030(r), 6.112.040, 6.112.050(c), 6.112.060(c)(5)-(9) of the Santa Monica Municipal Code and the Santa Monica Pier Performer Lottery Guidelines (as were in effect prior to the COVID emergency) are hereby temporarily suspended to the extent necessary to accommodate the suspension of performance permits and the performance restrictions authorized by this Order. 7. The Director of the Community Development Department or designee may promulgate regulations to implement Sections 1 through 6 of this Order. Among other things, the regulations may address the placement of the temporary performance spaces, including any modification or reduction in number of such spaces as reasonably necessary to comply with the County Safer at Home Order, and the conduct and timing of a temporary lottery or voucher system for the Pier. 8. Sections 1 through 6 and any regulations promulgated under Section 7 of this Order (collectively, the “temporary performer restrictions”) shall be enforceable by the Santa Monica Police Department and any City officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, unless the violation is deemed an infraction pursuant to subsections (a) or (b) of Santa Monica Municipal Code section 6.112.070, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of the temporary performer restrictions shall be: $75 for the first violation; $100 for a second violation committed within one year for the first violation; and $125 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of the temporary performer restrictions constitutes a separate violation and may be charged and punished separately. DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 665 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 28 B. Temporary Curbside Pickup Zones 9. As used in Sections 9 through 12, the following terms have the following meanings: a. “Business” means a business that has a current business license with the City and is authorized by the County Safer at Home Order to open to the public. b. “Curbside pickup sign” is a sign prepared by Director of the Community Development Department or designee that, when (i) posted by the business on a parking meter, as that term is defined by Santa Monica Municipal Section 3.16.020, adjacent to or near the business, authorizes the customers of the business to park, for free, for no longer than 10 minutes at a time during business hours or (ii) posted by the City on spaces in a public parking lot, as that term is defined by Santa Monica Municipal Section 3.04.010, designated by the Director of the Community Development Department or designee, authorizes customers of a business to park, for free, for up to 30 minutes during the hours stated on the sign. 10. The Director of the Community Development Department or designee may promulgate regulations authorizing businesses to post a curbside pickup sign on a parking meter adjacent to or near the business and designating spaces in a public parking lot where the City may post curbside pickup signs. Such regulations may include authorization for businesses to share a curbside pickup sign that they post on a parking meter adjacent to or near either of the businesses so that customers visiting either business may pay park, for free, no longer than 10 minutes during business hours at the metered parking space with such a posted curbside pickup sign. 11. No person may post a “curbside pickup” sign on an ADA accessible space or in a red or a loading zone. 12. Chapters 3.04, 3.16, and 9.61 of the Santa Monica Municipal Code are hereby temporarily suspended to the extent necessary to accommodate the posting and use of a curbside pickup sign as authorized by this Order. C. HUD CDBG Procedures 13. SMMC Section 2.68.060(b) relating to amendments to the Consolidated Plan is temporarily suspended. Amendments to the Consolidated Plan shall be prepared, made available for public comment, and submitted to HUD in accordance with the HUD CDBG COVID-19 Rules. 14. SMMC Section 2.68.070(c), to the extent it requires the submission of an annual performance report to HUD by September 30 of the following program year, is temporarily suspended. An annual performance report shall be submitted to HUD in accordance with the time requirements specified in the HUD CDBG COVID-19 Rules. DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 666 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 29 D. Temporary Use Permits for Events Allowed by County Safer at Home Order 15. To the extent permitted by the County Safer at Home Order, including any amendments or successors thereto, and in accordance with any requirements imposed by those orders, the Director of the Community Development Department or designee may issue Temporary Use Permits for uses that are permitted pursuant to Santa Monica Municipal Code Section 9.31.370(b) of more than 45 consecutive days, but in no event more than 180 consecutive days, subject to making the required findings in Santa Monica Municipal Code Section 9.44.030 and any conditions of approval imposed by the Director or designee pursuant to Santa Monica Municipal Code Section 9.44.040. 16. The Director of the Community Development Department or designee shall be authorized (a) to prepare an application form for the issuance of Temporary Use Permits as authorized by this Order, and (b) promulgate regulations regarding the timing of the submission of any such application and any posting of notice requirements. 17. The fees for Temporary Use Permits issued in accordance with Section 15 are hereby waived for any applications submitted before December 31, 2020. 18. Nothing in this Order confers any vested rights to any ongoing or continuing activities beyond the expiration of this Order. 19. Sections 9.44.020, 9.44.050, and 9.44.060 of the Santa Monica Municipal Code are hereby temporarily suspended to the extent necessary to accommodate the issuance of Temporary Use Permits as authorized by this Order. E. General Provisions 20. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services shall remain in effect until December 31, 2020. 21. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 667 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 30 ADOPTED this 7th day of October 2020. By: LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: DENISE ANDERSON-WARREN City Clerk GEORGE S. CARDONA Interim City Attorney DocuSign Envelope ID: F161EAA4-CD9E-4467-8C53-E3D1ACF00F4A 3.L.z Packet Pg. 668 Attachment: Y-20201007.Supplement_27_-_Local_Emergency (4371 : Adoption of Resolution Ratifying COVID-19 Emergency Proclamation and 1 TWENTY-EIGHTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 669 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 670 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 3 WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 671 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 4 bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Safer at Home Order” or “Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 672 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 5 City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 673 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 6 WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 674 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 7 sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower- risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 675 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 8 use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 676 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 9 guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non-household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Safer at Home Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and 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 DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 677 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 10 statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that superseded all prior County Safer at Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in- person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home order that superseded all prior County Safer at Home Orders and was essentially equivalent to the May 26 Safer at Home Order with the exceptions that it: added hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen 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 DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 678 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 11 WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County Safer at Home Order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the May 29 Safer at Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 679 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 12 12, 2020 subject to conditions and protocols as stated in the Safer at Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community for Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 11 Safer at Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer at Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for 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 DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 680 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 13 WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-19 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of the Community Development Department for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary Main Street satellite spaces for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and specify that for compliance with certain specified mandatory seismic retrofitting requirements, the two-year extension for planning, review, and permit-related actions 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 DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 681 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 14 WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 18 Safer at Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 682 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 15 WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71- 20, which, among other things, found that minimizing evictions during this period is critical to reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28- 20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 28 Safer at Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as required or to comply with social distancing requirements imposed by the County Safer at Home Orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 683 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 16 WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020, to, with respect to the November 3, 2020 general municipal election, reduce the number of nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010 would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County Monitoring List and have been on the list for three consecutive days, which included Los Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care services (including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 1 Safer at Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through July 31, 2020, or any later date expressly stated within the text of an individual supplement; and DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 684 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 17 WHEREAS, on July 15, 2020, the Director of Emergency Services issued the First Revised Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency to further clarify the requirement that all persons must wear face coverings whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private spaces, including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; clarify that having a face covering visible and immediately ready to put on whenever within 30 feet of another non-household member is intended to satisfy the face covering requirement when walking, running, biking, or otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited inquiries to those asserting exemptions from the face covering because of medical condition, mental health condition, or disability to prevent fraudulent assertions of such exemptions; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty- Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which extended the eviction moratorium for residential tenants implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement to August 31, 2020; and WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 14 Safer at Home Order with the exceptions that it stated its intent to continue to ensure that County residents remain in their residences as much as practicable to limit close contact with others outside their household in both indoor and outdoor spaces; reemphasized that all persons who can telework or work from home should continue to do so as much as possible; restated that all gatherings of people who are not part of a single household or living unit are prohibited except for the limited purposes expressly permitted by the order; recognized that the State Public Health Officer requires all public and private schools within the County of Los Angeles to remain closed to in-person learning until certain criteria are satisfied and issued reopening protocols for schools permitted to reopen to in-person learning; directed that individuals instructed by their medical provider not to wear a face covering should wear a face shield with a drape on the bottom edge as long as their condition permits it; and included revised reopening protocols for various types of businesses; and WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty- Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 685 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 18 Twenty-First, and Twenty-Second Supplements to August 31, 2020, or any later date expressly stated within the text of an individual supplement; and, WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through August 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 18 Safer at Home Order with the exception that it provided clarification regarding when elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated requirements for childcare facilities to specify childcare must be carried out in stable groups of 12 or fewer children in the same group each day, instead of 10; and aligned with new guidance for institutes of higher education; and WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the prior versions of the Eighteenth Supplement to authorize the specified uses of public and private outdoor spaces through the duration of the County Safer at Home Order, plus an additional 30 days, so long as businesses either enter into an encroachment agreement with or obtain a permit from the City; allow the City to assess a monthly fee for the use of space in the public right-of-way after November 1, 2020, with 30 days’ notice provided to businesses; authorize the use of canopies and propane heaters in private and public outdoor spaces in compliance with specified guidelines; permit tables and chairs to be left secured outside the business overnight and so long as there is at least five (5) feet of unobstructed access on the sidewalk; set standards for decks in both Main Street satellite spaces and private property used for outdoor business; require that any structures put in place in any Main Street satellite space be brought into compliance with the deck standards in the Third Revised Eighteenth Supplement and that any structures for outdoor business activity on private property be brought into compliance with the deck standards or other applicable building standards; set fines for violations of conditions for operating in the public right-of-way and in private outdoor spaces through administrative citations to be issued by Code Enforcement; and authorize the Director of the Community Development Department to enter into temporary license agreements to permit the temporary use of portions of certain public parking facilities or the Santa Monica Pier, as designated by the Director, for temporary use by gyms and fitness establishments; and DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 686 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 19 WHEREAS, on August 24, 2020, the Director of Emergency Services issued a Twenty- Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which made it a strict liability offense punishable as a misdemeanor or by administrative citation for any responsible person to conduct a gathering of 20 or more natural persons who are not part of a single household or living unit at a residence or other private property; extended the eviction moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, through September 30, 2020; subject to the exceptions specified in the Nineteenth and Twenty-Third Supplements, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third Supplements to September 30, 2020, or any later date expressly stated within the text of an individual supplement; and extended the suspensions of the discontinuation or shut off of water service for non-payment of water or sewer bills and of late payment penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling collections bills, as originally implemented by Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December 31, 2020; and WHEREAS, on August 28, 2020, the California Department of Public Health issued a statewide order that, recognizing that community spread of infection remains a significant concern across the state, and based on the current state of the pandemic in California and current scientific understanding of transmission, further refined the State’s approach to gradually reopen businesses and activities while reducing the risk of increased community spread by adopting a targeted system for sector reopenings that relies on a set of tiers corresponding to specific epidemiological profiles based on indicators of disease burden including case rates per capita and percent of positive COVID-19 tests and proportion of testing and other COVID-19 response efforts addressing the most impacted populations within a county; under this revised framework, local health jurisdictions may reopen, or must close, specified sectors according to their county’s tier; and WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill 3088, under which, among other things, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 and August 31, 2020, if the tenant provides a declaration of COVID-19-related financial distress according to specified timelines; no tenant can be evicted for rent that accrues but is unpaid due to a COVID-19 hardship between September 1, 2020 and January 31, 2021 if the tenant submits declarations of COVID-19-related financial distress according to specified timelines and pays 25% of the unpaid rent due by January 31, 2020; and landlords are required to provide tenants a notice detailing their rights under the legislation; and WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the August 12 Safer at Home Order with the exception that it recognized that the daily number of new cases is still high, and COVID-19 remains widespread DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 687 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 20 in Los Angeles County; cited the State’s August 28, 2020 issuance of its Blue Print for a Safer Economy, which describes the tiered approach to relaxing and tightening restrictions on activities based on specified criteria; allowed barbershops and hair salons to reopen indoor operations at 25% of maximum occupancy and with required modifications, while encouraging operators to provide as many services as possible outside; and, beginning September 14, 2020, allowed K-12 schools to offer in-school services for a small, stable cohort of students with Individualized Education Programs or English Learners needing assessments and/or specialized in-school services, with priority given to students with disabilities; and WHEREAS, on September 4, 2020, the United States Center for Disease Control and Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like quarantine, isolation, and social distancing – can be an effective public health measure utilized to prevent the spread of communicable disease,” that eviction moratoria “facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition” and “allow State and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID-19,” and that “housing stability helps protect public health because homelessness increases the likelihood of individuals moving into congregate settings, such as homeless shelters, which then puts individuals at higher risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order, applicable in any State or local area without a moratorium on residential evictions that provides the same or greater level of public-health protections as the requirements in the order, requiring that, through December 31, 2020, subject to further extension, modification, or rescission, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action shall not evict any covered person (as defined in the order) from any residential property in any State in which there are documented cases of COVID-19; and WHEREAS, on September 8, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, and Twenty-Fourth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Seventeenth 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 DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 688 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 21 facilities by permit or license if they are permitted by and will be conducted in accordance with all requirements of the County Safer at Home Order; authorized the Director of the Community Services Director to implement guidelines and regulations to permit the use of City sites for drive-in movie theaters, vehicle-based parades, concerts, and other events to the extent permitted by and conducted in accordance with all requirements of the County Safer at Home Order; extended the City’s moratorium on evictions of residential tenants for reasons other than nonpayment of rent through December 31, 2020; extended the eviction moratorium for nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised First Supplement) through December 31, 2020, subject to the requirement that for rent due after September 30, 2020, except for rent due for periods in which the commercial tenant 1’s business remains closed because the County Safer at Home Order requires it to remain closed, the commercial tenant 1 must pay at least 50% of the rent due in accordance with the terms for payment set out in the tenant’s lease; authorized the Director of the Community Services Department to promulgate regulations and issue permits for gym and fitness establishments to engage in commercial fitness activities at City parks, City park parking lots, and City beaches; superseded and replaced Section 5 of the Revised Fifth Supplement so that penalties related to business licenses for fiscal year 2020-2021 will begin to accrue as of September 1, 2020 unless an extension application was timely filed pursuant to the Third Revised Eighteenth Supplement and penalties related to business improvement district assessments for fiscal year 2020-2021 are not suspended and will begin to accrue if the assessments are not timely paid; with the same exceptions specified in the Nineteenth, Twenty-Third, and Twenty-Fourth Supplements (the latter of which extended the expiration of the supplements to September 30, 2020), extends the expiration of prior supplements that remain in place to December 31, 2020 unless a later expiration date is provided in an individual supplement; and WHEREAS, on 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, which, to ensure compliance with County social distancing requirements and the County’s prohibition on live audiences for street performers, suspended the issuance of permits for street performers at the Pier, Third Street Promenade, and Transit Mall, with the result that street performers will not be allowed in those spaces during their most DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 689 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 22 crowded times, after noon Monday through Friday and on weekends and holidays; prohibited street performers in those spaces at all other times from encouraging any person from gathering to observe the performance while requiring performers to comply with all County social distancing requirements, including the wearing of face coverings; authorized the Director of the Community Development Department to issue regulations authorizing businesses to post curbside pickup signs on parking meters adjacent to or near the business and designating spaces in public parking lots where the City may post curbside pickup signs; temporarily suspended certain Municipal Code requirements regarding procedures relating to HUD Community Development Block Grants that are inconsistent with HUD procedures adopted in light of the COVID-19 pandemic; and authorized the Director of the Community Development Department to issue regulations regarding and issue temporary use permits for certain uses allowed by the County Safer at Home Order, including temporary outdoor sales and special events, for a period longer than 45 days but less than 180 days; and WHEREAS, on October 9, 2020, the California Department of Public Health, noting that COVID-19 continues to pose a severe risk to communities and requires all people in California to follow necessary precautions and to adapt the way they live and function in light of this ongoing risk, noting that the safest way to gather is to spend time with people in the same household or to gather virtually, and noting that limiting attendance at gatherings is a way to reduce the risk of spread and increase the effectiveness of contact tracing if a positive case is discovered, issued mandatory guidance for private gatherings that, among other things, limited them to no more than 3 households, required them to occur in space sufficient for everyone to maintain at least 6 feet of physical distance from any others not in their own household, and required the wearing of face coverings; and WHEREAS, on October 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders, recognized that existing community transmission of COVID-19 in Los Angeles County remains widespread and continues to present a substantial and significant risk of harm to residents’ health, noted that there remains a strong likelihood that increased interactions among members of the public will result in a significant and increasing number of cases of community transmission, noted that the daily number of new cases while not currently substantially increasing is still high, and was essentially equivalent to the October 6 Safer at Home Order with the exception that, to align with the California Department of Public Health October 9, 2020 guidance on private gatherings, it defined the term “household” to exclude institutional and commercial group living situations and authorized certain private gatherings of persons from no more than three households, but only in compliance with strict requirements including that they must occur outdoors in a space large enough for everyone to maintain at least 6 feet of physical distance from any others not in their own household, be limited to two hours or less, and be conducted in accordance with social distancing requirements including the wearing of face coverings; and WHEREAS, on October 23, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders and was essentially equivalent to the October 14 Safer at Home Order with the exception that it permitted personal care establishments to offer services indoors with modifications; permitted DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 690 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 23 batting cages, miniature golf, and go cart racing to operate outdoors; clarified that food court dining rooms in an indoor mall or shopping center must remain closed; increased the percentage of students with individual education programs and English learners and other high-need students to return to a K-12 campus; and permitted schools to reopen from TK to second grade for class instruction with a waiver application approved by the Los Angeles County Department of Public Health; and WHEREAS, on October 27, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, and Twenty-Seventh Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Seventeenth Supplement, be operative and remain in effect through December 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on November 13, 2020, noting that the incidence of COVID-19 is increasing in many states and countries and that travel itself can be a risk for exposure to COVID-19, the California Department of Health issued a travel advisory, encouraging Californians to stay home or in their region and avoid non-essential travel to other states or countries; and WHEREAS, on November 16, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings, superseding the face covering guidance it issued on June 18, 2020, that requires persons to wear face coverings when they are outside of their home, unless an enumerated exemption applies; WHEREAS, on November 19, 2020, the California Department of Public Health, citing the recent, unprecedented rate of rise in increase in COVID-19 cases across California, issued a Limited Stay at Home Order effective from November 21, 2020 at 10 pm PST to 5 am PST on December 21, 2020 in counties under Tier One (Purpose) of California’s Blueprint for a Safer Economy requiring that all gatherings with members of other households and all activities conducted outside the residence, lodging, or temporary accommodation with members of other 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 DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 691 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 24 outdoor cardrooms, miniature golf, batting cages, and go cart racing to 50% of the establishment’s outdoor capacity; limited the number of persons at indoor operations for retail, office, and personal care to 25% capacity; clarified that an essential business must comply with the social (physical) distancing protocol and all other applicable protocols; and specified the type of retail food market that must comply with the new protocol for grocery stores and retail food markets; and WHEREAS, as of November 23, 2020, the Los Angeles County Department of Public Health has confirmed 370,636 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, permitting certain eligible businesses to temporarily extend their operations to unused portions of the parking lane on Main Street where the City has placed K-Rails in accordance with this Order will enable the businesses to operate safely during the pendency of this COVID-19 emergency; and WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the imposition of fees for the private commercial use of public property; and WHEREAS, temporarily allowing businesses to designate on-street parking spaces if no metered spaces are adjacent to the business as a free curbside pickup zone will assist businesses that rely on curbside pickup to facilitate the purchase and sales of goods and food in compliance with the social distancing and infection control protocols imposed by the County Safer at Home Order; and WHEREAS, in recognition of the unavoidable delays in the City’s processing of planning and permit-related applications and in actions required to be taken under planning entitlements and permits that have resulted from the City’s implementation of social distancing requirements, the City through the Second Revised and Third Revised Eighteenth Supplements to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extended deadlines for planning, review, and permit-related actions; and WHEREAS, in extending the deadlines for planning, review, and permit-related actions, it was the intent of the City that such an extension would apply only to deadlines in Articles VIII and IX of the Santa Monica Municipal Code and related State-law land use provisions and that the deadlines to file an appeal would not be extended; and WHEREAS, clarifying the extension of the deadlines for planning, review, and permit- related actions is necessary to align with the City’s intent; and DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 692 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 25 WHEREAS, the City’s most recently adopted water rate structure includes a fixed rate monthly billing charge that applies to all open water service accounts; and WHEREAS, as a result of the COVID-19 epidemic, commercial property owners are experiencing high vacancy rates on their properties and are suffering financial hardship by continuing to pay the fixed billing charges for water service accounts that are not being used as a result of tenant vacancies; and   WHEREAS, these commercial property owners are seeking temporary financial relief through disconnection of water service accounts during tenant vacancies; and   WHEREAS, absent an emergency, the City does not have a temporary voluntary disconnection of water service for open water service accounts; and   WHEREAS, during the COVID-19 emergency, City desires to allow temporary disconnection of water service for commercial property accounts, excluding fire service accounts, through the locking of water meters, provided that property owners requesting temporary disconnection pay the City’s costs of temporary disconnection, reconnection, and associated administrative costs related to billing adjustments; and  WHEREAS, the City’s Water Division has determined that the City’s costs associated with temporary disconnection are $208.00; and  WHEREAS, when the City’s Rent Control Board accepts the filing of a Notice of Intent to Ellis a building, by regulations the Rent Control Board must then require that any requisite Notice of Terminations of Tenancy be served on the tenants and then copies filed with Rent Control within five days; and WHEREAS, the language of Section 3a of the Fifth Revised First Supplement could be interpreted as precluding landlords from serving the required Notice of Terminations of Tenancy in accordance with instructions from the Rent Control Board, which is not its intent, necessitating the revisions as set forth in this Order; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council. DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 693 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 26 IT IS HEREBY ORDERED THAT: A. Satellite Use of Main Street Parking Lane 1. The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and phrases used in Sections 1 through 10 of this Order. In addition, as used in Sections 1 through 10 of this Order: a. “Eligible business” means the business has a current business license with and operates out a physical location in the City and has received any necessary entitlements from the City to operate and the use is a non-residential use classification that is permitted or conditionally permitted in the district, other than an eating and drinking establishment, a liquor store, or an automobile/vehicle service and repair, minor or major, as those terms are defined by Santa Monica Municipal Code Section 9.51.030. b. “Main Street satellite space” means the use of public parking or loading space located in the public right-of-way and adjacent sidewalk on Main Street where the City has installed K-Rail barriers and the public parking or loading space is unoccupied by a business eligible to license the space through the City’s Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Eighteenth Supplement”). 2. Sections 1 through 10 of this Order apply to an eligible business that has entered into a temporary outdoor encroachment agreement or obtained a temporary permit for its eligible business for temporary use of the Main Street satellite space as permitted under this Order. The Director of the Community Development Department or designee shall be authorized to draft and enter into a temporary outdoor encroachment agreement with an eligible applicant and may choose to enter into such agreement on such terms as the Director or designee deems necessary and to require the submission of additional information or supporting data to ensure ongoing protection of public health and safety of the City, including, but not limited to, a site plan. The Director of the Community Development Department or designee retains the discretion to decline to enter into a temporary outdoor encroachment agreement for any reason, including, if the location of the proposed Main Street satellite space interferes with a planned or future City project or operation. In lieu of a temporary outdoor encroachment agreement, the Director of the Community Development Department or designee is authorized to issue a permit for Main Street satellite space use as authorized by this Order. 3. An eligible business that seeks to use the Main Street satellite space must comply with all of the following conditions: a. The eligible business must enter into a temporary outdoor encroachment agreement with the City or, if elected by the Director of the Community Development Department or designee pursuant to Section 2, obtain a permit for DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 694 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 27 use of the Main Street satellite space as authorized by this Order. As part of any application to utilize the Main Street satellite space, the eligible business must submit a letter of support from the Main Street Business Improvement District. The absence of either a letter or support from the Main Street Business Improvement District is a factor that the City may consider in determining whether to enter into a temporary outdoor encroachment agreement with or issue a permit to the eligible business. Any certificate issued by the City for the temporary use of outdoor areas shall be displayed by the eligible business during business hours. b. All eligible business activity must be conducted in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County’s Safer at Home Order, including any amendments and successors thereto. c. Use of the Main Street satellite space shall be conducted as a temporary accessory use to a legally established eligible business. Nothing in this Order shall confer any vested rights to any ongoing or continuing activities beyond the expiration of this Order. The eligible business’s use of the Main Street satellite space is temporary and does not constitute an abandonment, whether express or implied, by the City of any of its rights associated with the statutory and customary purposes and use of any operations in the public rights-of-way. d. Adequate pedestrian access on the sidewalk adjacent to the Main Street satellite space must be provided and maintained, which is considered to be no less than five (5) feet of unobstructed access. e. No alcohol service or consumption is permitted in the Main Street satellite space. f. Furnishings utilized in the Main Street satellite space or common area are limited to movable tables, chairs, bookcases, floor covering, exercise equipment, planter boxes, garment racks, displays of merchandise, umbrellas or canopies that are secured and maintain the height clearance for sidewalk or pedestrian passage, electric cordless lighting, and other temporary décor (collectively, “temporary furnishings”). Any canopy must comply with the requirements in subsection g. All temporary furnishings shall be removed every day from the sidewalk portion of the Main Street satellite space upon closing of the eligible business. Temporary furnishings in the parking lane portion of the Main Street satellite space need not be removed each day upon closing; except, however, temporary furnishings shall be (i) secured in the Main Street satellite space and (ii) removed at the close of business during the weekdays of the first full week of each month for street cleaning (e.g., the week December 7). To the extent the eligible business leaves out temporary furnishings overnight in the parking lane portion of the Main Street satellite space, the eligible business bears all risks related to any damage to or loss of temporary furnishings. DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 695 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 28 g. The eligible business may utilize a canopy in the Main Street satellite space area so long as there is compliance with the following conditions: i. A canopy with all sides open shall (1) not exceed 700 square feet in the aggregate, (2) be sufficiently secured to meet wind load requirements, (3) if used in connection with a propane or electric heater, provide at least 3 feet of clearance from the heater to top of the canopy or any other combustible material, and (4) not be placed within 12 feet of any building. Multiple canopies placed side by side will be considered a single canopy for purposes of calculating the 700 square feet in the aggregate, unless each canopy is placed at least 12 feet apart from one another. An impermeable barrier not exceeding 7 feet high that separates tables from one another or the Main Street satellite space from pedestrians is not counted as a side down of the canopy. ii. A canopy with one side down shall (1) not exceed 400 square feet in the aggregate, (2) be sufficiently secured to meet wind load requirements, (3) if used in connection with an electric heater, provide at least 3 feet of clearance from the electric heater to the top or sidewall of the canopy or any other combustible material, (4) not be used in close proximity to a propane heater, unless a duct-style propane heater is utilized and is placed outside of and at least 3 feet away from the canopy, and (5) not be placed within 12 feet of any building. Multiple canopies placed side by side will be considered a single canopy for purposes of calculating the 400 square feet in the aggregate, unless each canopy is placed at least 12 feet apart from one another. For purposes of clarity, a canopy may not be utilized if there is more than one side down. An impermeable barrier not exceeding 7 feet high that separates tables from one another or the Main Street satellite space from pedestrians is not counted as a side down of the canopy. iii. Any canopy in compliance with subsections (g)(i) or (g)(ii) that exceeds 120 square feet may not be utilized for more than 180 consecutive days. iv. Any canopy that does not meet the square footage or 12-foot distance from a building requirements set forth in subsections (g)(i) or (g)(ii) may only be utilized if a special event permit is obtained from the Santa Monica Fire Department and there is compliance with the conditions stated in such a permit, which may vary from the terms of this Order. Under no circumstances, however, may an eligible business place a canopy with one side down directly against a building. h. Propane or electric heaters may be utilized in the Main Street satellite space so long as the eligible business complies with the heater requirements in subsection g if such heaters are used in connection with a canopy. In addition, propane heaters may only be utilized in the Main Street satellite space so long as the eligible business (i) has an existing or obtains a propane heater permit from the Santa Monica Fire Department, (ii) complies with the Santa Monica Fire Department’s Fire Prevention Policy Number 1-9 on Portable Propane Heaters, and (iii) secures DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 696 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 29 or removes the propane heater(s) every day upon closing of the business. Any use of a propane or electric heater is subject to inspection by the Fire Marshal and the terms of such use may be modified by the Fire Marshal if, in his sole and complete discretion, he determines such modifications are in furtherance of public safety. Table lamps using liquid fuel, candles, or any fixtures other than a propane heater using an open flame are not permitted. Decorative lighting plugged into a legal outlet is also permitted, provided that such lighting is strung overhead, maintains height clearance for sidewalk or pedestrian passage, and the electrical cord is not placed on the sidewalk, or if it is not feasible to string the lighting overhead, any extension cord must be covered with a flat and bright extension cord cover that is ADA accessible. i. Except for a 44-inch wide unobstructed exit path, the eligible business may place a temporary impermeable barrier that is at least 6 feet high and no higher than 7 feet to separate the Main Street satellite space from the sidewalk. An eligible business may also place a temporary impermeable barrier to separate tables from one another. Any such barrier must comply with the County Department of Public Health’s Guidance on the Use of Barriers as an Engineering Control for Social/Physical Distancing. No other temporary barrier is permitted. j. The eligible business must not attach any object, including a temporary barrier, canopy, lighting, or other temporary furnishing, to a public tree. k. The eligible business must at all times use due care in its operation of the Main Street satellite space to avoid causing or creating any damage to the parking lane or sidewalk in the Main Street satellite space. The eligible business shall immediately inform the City of any actual or potential damage to the parking lane or sidewalk area, and the eligible business must reimburse the City within 30 days of receiving a written request for any all costs to repair such damage, if caused by the eligible business. l. The eligible business must monitor and supervise the Main Street satellite space at all times during the eligible business’s business hours, including, but not limited to, ensuring that at least one agent of the eligible business is present at each Main Street satellite space at all times during the eligible business’s business hours while the Main Street satellite space is open to patrons. m. A single, non-permanent sign with the eligible business’s name may be placed within the Main Street satellite space in an area visible to pedestrians on the sidewalk or adjacent pedestrian area. This sign shall be removed upon closing of business each day and must comply with the requirements imposed on use of other furnishings by subsection n below. n. Temporary furnishings, signs, propane or electric heaters, and temporary barriers used in the Main Street satellite space shall not block any portion of the full width of any legal exit from the building or any exit path from such legal exit to the DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 697 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 30 public right of way. A minimum of a 44-inch wide exit path is required to be maintained from each legal exit from the building to the public right of way. o. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the Main Street satellite space on the public sidewalk, roadway, or right-of-way. The eligible business must comply with any waste management plan approved by the Director of the Community Development Department or designee through administrative regulations. The Main Street satellite space shall be kept clear of litter at all times and must be cleaned (swept and mopped) with all litter removed each day upon closing of business. The Main Street satellite space shall be maintained by the eligible business, at its sole cost, in a clean and orderly manner at all times. All food or drink spills must be immediately removed from the sidewalk area. p. Hours of operation of the Main Street satellite space shall not exceed the hours of operation of the associated eligible business. q. All eligible business activity shall be in compliance with the noise restrictions in Chapter 4.12 of the Santa Monica Municipal Code. r. All forms of speaker amplification are prohibited. s. The Main Street satellite space and any other temporary outdoor space the eligible business is utilizing pursuant to the Eighteenth Supplement may not exceed the area necessary, in accordance with all social distancing and infection control protocols imposed by applicable State Executive Orders, State Health Officer Orders, and the County’s Safer at Home order, including any amendments and successors thereto, to permit the combined occupancy of inside eligible business and outdoor eligible business activity to match the maximum occupancy of the eligible business, prior to imposition of the social distancing and infection control protocols. t. The eligible business shall obtain prior written consent from the property owner or tenant of the adjacent or neighboring building of the Main Street satellite space and furnish such consent to the City with its application for a temporary outdoor encroachment agreement or permit. If the eligible business is unable to obtain consent from the property owner or tenant of the adjacent or neighboring building, the eligible business shall, with its application for a temporary outdoor encroachment agreement or permit: (i) explain the reason why it was unable to obtain consent and (ii) provide proof that it has provided written notice to the tenant or property owner on a form to be provided by the City of the eligible business’s intent to utilize the Main Street satellite space and that the tenant or property owner may contact the City within the next 5 business days after receipt of the notice regarding the proposed use of the Main Street satellite space. The City shall not act on any application to utilize the adjacent or neighboring parking or loading space as the Main Street satellite space until after the 5 business day period has expired. Any decision of the City thereafter to enter into a temporary DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 698 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 31 outdoor encroachment agreement or, if applicable, issue a temporary permit for the Main Street satellite space in front of an adjacent or neighboring tenant space(s) or building shall be final. u. All merchandise or services displayed in the Main Street satellite space shall be of the same types ordinarily sold indoors at the associated eligible business. v. The City maintains the right to verify the square footage of the Main Street satellite space and to make periodic inspections of the Main Street satellite space, at any time and without notice to the eligible business. w. The eligible business shall, (i) in the event of an emergency, as determined by the City, immediately remove any temporary furnishings in the Main Street satellite space; or (ii) if not an emergency, remove any temporary furnishings in the Main Street satellite space within 48 hours of the City’s written request. If the eligible business fails to timely remove its temporary furnishings as required by this Section, the City may, at the eligible business’s expense, remove such furnishings from the Main Street satellite space and recover its costs for its work from the eligible business. x. The eligible business shall not construct a deck or other structure in the Main Street satellite space. y. Any temporary ramps from the sidewalk to the Main Street satellite space, if required to maintain accessibility to the Main Street satellite space, shall comply with the slope requirements of the California Building Code. z. The City reserves the right to terminate or suspend immediately any temporary outdoor encroachment agreement if the City determines that there is an emergency situation that poses a risk to the public health, safety or welfare. In such a case, City will provide written notice of termination or suspension as soon as reasonably possible. aa. Either the City or the eligible business may at any time, without cause, terminate the temporary outdoor encroachment agreement on 30 days’ prior written notice to the other party. bb. Compliance with all applicable laws and regulations, including, but not limited to, the American with Disabilities Act. cc. Compliance with minimum insurance requirements, as set forth in the temporary outdoor encroachment agreement or, if applicable, temporary permit. dd. Compliance with any other condition(s) required by regulations promulgated pursuant to Section 8. 4. No person shall park in any public parking space or loading space that is utilized as the Main Street satellite space. DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 699 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 32 5. Sections 3.12.360, 4.68.040, 5.06.020, 6.116.010, and provisions of Article IX of the Santa Monica Municipal Code, or any conditions to permits previously issued by the City, including, but not limited to, parking requirements (except for those relating to accessible parking) and maximum floor area ratio, are hereby temporarily suspended to the extent necessary to accommodate temporary Main Street satellite space use authorized by this Order. Notwithstanding the foregoing, eligible businesses shall comply with the requirements of Santa Monica Municipal Code 9.31.060, 9.31.070, 9.31.080, and 9.31.340, to the extent applicable to that eligible business. 6. If a tenant has granted consent under Section 3(t), nothing in this Order relieves that tenant from any obligation or laws relating to any consent required of the property owner. 7. No earlier than March 1, 2021 and after the City has provided 30 days notice to eligible businesses that have entered into a temporary outdoor encroachment agreement or, if applicable, obtained a temporary permit for outdoor eligible business activities as authorized by this Order, the City is authorized to assess a monthly fee for use of the Main Street satellite space to eligible businesses. Such a fee shall (i) be due on the first of each month and, if not received by the City within three days after it is due, be subject to a 10% late charge; (ii) be based on the square footage of the Main Street satellite space, and (iii) comply with the rates for “Outdoor Dining Area without a Barrier,” as adjusted annually in accordance with the Consumer Price Index, as set forth in Resolution No. 10586 (CCS), adopted by the City Council on June 21, 2011, regardless of whether the eligible business is conducting outdoor dining as opposed to other eligible business activities in the Main Street satellite space. Notwithstanding the foregoing, the City may not assess a fee for any month if, as of the first of that month, the County’s Safer at Home Order has not authorized the particular eligible business to resume indoor operations at 50% or greater occupancy. For purposes of clarity, the monthly rate per square foot for “Outdoor Dining Area without a Barrier” on Main Street for 2020 is $2.12. 8. The Director of the Community Development Department or designee may promulgate regulations to implement Sections 1 through 7 of this Order. Such regulations may include, but are not limited to, the imposition of an application or permit fee, restrictions on hours of operation, and additional conditions for utilizing the Main Street satellite space authorized by this Order. Such regulations may also vary from the conditions set forth in Section 3 to the extent necessary to comply with the County Safer at Home Order, including any protocols or other guidance issued by the County Department of Health. 9. The City, in its sole and complete discretion, may suspend or revoke any Main Street satellite space use authorized by Sections 1 through 10 of this Order, for, among other things, any failure to comply with: (a) the conditions as set forth in Section 3; (b) the payment provision in Section 7; (c) any regulations issued pursuant to Section 8 of this Order, or (d) any other applicable law. DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 700 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 33 10. In addition to or in lieu of any suspension or revocation pursuant to Section 9, Sections 1 through 4 and any regulations promulgated under Section 8 of this Order (collectively, the “temporary use restrictions”) shall be enforceable by an Enforcement Officer, as that term is defined by Santa Monica Municipal Code Section 1.09.020, through the issuance of an administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of the temporary use restrictions by an eligible business shall be: $500 for the first violation; $750 for a second violation committed within one year for the first violation; and $1000 for a third violation or subsequent violations committed within one year of the first violation. Each day or portion of a day that any person violates or continues to violate any provision of the temporary use restrictions constitutes a separate violation and may be charged and punished separately. B. Santa Monica Fire Department Special Event Permit Fee 11. The permit fee for tents larger than 400 square feet is waived 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 this Order or Sections 19 to 78 of the Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency. C. Expanded Temporary Curbside Pickup Zones 12. Sections 12 through 17 of this Order supersede and replace Sections 9 through 12 of the Twenty-Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency. 13. As used in Sections 13 through 17, the following terms have the following meanings: a. “Business” means a business that has a current business license with the City and is authorized by the County Safer at Home Order to open to the public. b. “Curbside pickup sign” is a sign prepared by Director of the Community Development Department or designee that, when (i) posted by the business on a parking meter, as that term is defined by Santa Monica Municipal Section 3.16.020, adjacent to or near the business, authorizes the customers of the business to park, for free, for no longer than 10 minutes at a time during business hours; (ii) posted by the City on spaces in a public parking lot, as that term is defined by Santa Monica Municipal Section 3.04.010, designated by the Director of the Community Development Department or designee, authorizes customers of a business to park, for free, for up to 30 minutes during the hours stated on the sign; or (iii) if no parking meters are adjacent to the business, posted by the business for on-street parking that is adjacent to or near the business in compliance with Section __ of this Order, authorizes the customers of the business to park for no longer than 10 minutes at a time during business hours. DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 701 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 34 14. A business posting a curbside pickup sign adjacent to on-street parking shall comply with the posting requirements for temporary no parking signs, available at https://www.smgov.net/uploadedFiles/Departments/PCD/Applications- Forms/TNP_Posting_Guidelines.pdf. 15. The Director of the Community Development Department or designee may promulgate regulations to implement Sections 13 to 17 of this Order. Such regulations may include authorization for businesses to share a curbside pickup sign posted by the businesses so that customers visiting either business may park, for free, no longer than 10 minutes during business hours at the metered parking space or on- street parking space with such a posted curbside pickup sign. 16. No person may post a “curbside pickup” sign on an ADA accessible space or in a red or a loading zone. 17. Chapters 3.04, 3.16, and 9.61 and Section 3.12.905 of the Santa Monica Municipal Code are hereby temporarily suspended to the extent necessary to accommodate the posting and use of a curbside pickup sign as authorized by this Order. D. Extension of Deadlines for Planning, Review, and Permit-Related Actions 18. Sections 18 through 24 of this Order supersede and replace Sections 1 through 6 of the Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency. 19. All deadlines for planning, review, and permit-related actions established in the Housing Accountability Act, Permit Streamlining Act, California Environmental Quality Act, the Subdivision Map Act, or Articles VIII or IX of the Santa Monica Municipal Code, including any resolutions or rules or regulations promulgated thereunder, are hereby extended for a period of two years subject to the limitation in Sections 20 through 22 below. For purposes of this Order, “deadlines for planning, review, and permit-related actions” shall include, but not be limited to, the following: a. Deadlines to review, determine the completeness of, or take action on applications pending as of March 13, 2020, or submitted between March 13, 2020 and the expiration of this Order, for planning entitlements, permits, and approvals issued under Article IX of the Santa Monica Municipal Code. b. Deadlines to open or conclude a public hearing on, or to authorize an automatic approval, denial or disapproval of, applications pending as of March 13, 2020, or submitted between March 13, 2020 and the expiration of this Order, for planning entitlements, permits, or approvals issued under Article IX of the Santa Monica Municipal Code. c. Deadlines for review and approval of applications pending as of March 13, 2020, or submitted between March 13, 2020 and the expiration of this Order, for a building permit, plan review and related approvals issued under Article VIII of the Santa Monica Municipal Code. DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 702 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 35 d. Deadlines to exercise and continuously pursue the rights granted under planning entitlements, permits and approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and the expiration of this Order under Article IX of the Santa Monica Municipal Code. e. Deadlines for expiration of issued building permits, plan reviews and related approvals issued and still active as of March 13, 2020, or issued between March 13, 2020 and the expiration of this Order under Article VIII of the Santa Monica Municipal Code. 20. All deadlines for planning, review, and permit-related actions shall be extended for two years as authorized in Section 19 only to the extent consistent with State law and any directives issued by the Governor, and to the extent State law or any directives issued by the Governor require that the extension be limited to a lesser period, this Order shall implement an extension limited to that lesser period. 21. Notwithstanding anything to the contrary in this Order, there shall be no extension of deadlines for planning, review, and permit-related actions relating to compliance with timelines set forth in Chapters 8.58, 8.60, 8.64, 8.76, and 8.80 of the Santa Monica Municipal Code, and, in particular, the time limits for compliance as set forth in Sections 8.58.050, 8.60.040, 8.64.060, 8.76.060, and 8.80.060 of the Santa Monica Municipal Code, unless an application was pending as of March 13, 2020, or submitted between March 13, 2020 and the expiration of this Order. For the sake of clarity, the deadlines for planning, review, and permit-related actions relating to compliance with timelines set forth in Chapter 8.72 for soft story buildings and, specifically, the time limits for compliance in Section 8.72.050 shall be extended as set forth in Section 19. 22. Notwithstanding anything to the contrary in this Order, there shall be no extension of the deadlines for appeal as set forth in Articles VIII or IX of the Santa Monica Municipal Code. For purposes of clarity, this Order does not alter or otherwise modify any deadlines for appeal arising out of any State-law based planning, review, and permit-related actions. 23. The extension implemented by Sections 19 and 20 above shall mean that the date on which action would otherwise have been required to be taken in the absence of this Order shall be extended by two years, or such lesser time as may be required in accordance with Section 20 of this Order, from the later of the expiration of this Order or the date on which action would otherwise have been required to be taken in the absence of this Order. 24. Nothing in Sections 19 through 23 of this Order prohibits the applicable City Departments from continuing to process applications in a reasonable and timely manner. Nothing in Sections 19 through 23 shall be deemed to create any legal entitlement to the extension granted by this Order. DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 703 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 36 E. Temporary Suspensions of Commercial Water Service 25. The City’s Water Division is hereby authorized to discontinue water service and associated monthly billing for fixed water rates on commercial water accounts, excluding fire service accounts, at the request of commercial property owners and provided that such owners pay the City a cost recovery fee in the amount of $208.00 to cover the City’s costs of locking the associated water meters and modifying water billing. F. Clarification Regarding Temporary Moratorium on No-Fault Evictions of Residential Tenants 26. Section 3a of the Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby replaced with the following: “3. A temporary moratorium on eviction for no-fault evictions, which includes an eviction occasioned by an Ellis Act withdrawal, of residential tenants is imposed as follows: a. No landlord shall endeavor to evict a residential tenant in a no-fault eviction; provided, however, that when a landlord files a Notice of Intention to Withdraw Accommodations from Rent or Lease pursuant to the Ellis Act, California Government Code Section 7060, et seq., the landlord may serve any requisite Notices such as a Notice to Terminate Tenancies. b. No landlord shall file an unlawful detainer action based on removal of a unit from the rental market pursuant to the Ellis Act until sixty days after the expiration of this Order.” G. Extension of Suspension of Water-Service Shut Off and Late Payment Penalties for Unpaid or Delinquent Utility Bills 27. The suspension of the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water or sewer bills implemented by Section 2 of the Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Revised Fifth Supplement”) is hereby continued and shall remain in effect through March 31, 2021. 28. The suspension of the imposition of late payment penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling collection bills implemented by Sections 3(a) and (c) of the Revised Fifth Supplement is hereby continued and shall remain in effect through March 31, 2021. DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 704 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 37 H. General Provisions 29. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services: (a) Sections 1 through 11 shall remain in effect while the County’s Safer at Home Order, including any later amendments or successors thereto, is in place plus an additional 30 days thereafter; (b) Sections 12 through 26 shall remain in effect until December 31, 2020; and (c) Sections 27 and 28 shall remain in effect until March 31, 2021. 30. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 24th day of November 2020. By: LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: DENISE ANDERSON-WARREN City Clerk GEORGE S. CARDONA Interim City Attorney DocuSign Envelope ID: BADDEDAD-83A7-46D5-999F-B9E59DE5E75C 3.L.aa Packet Pg. 705 Attachment: Z-20201124.Supplement_28_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 1 TWENTY-NINTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, the City of Santa Monica (“the City”) cancelled all social gatherings (events, activities, programs, and gatherings) in City facilities that were scheduled to occur through permit or license between March 12, 2020, and March 31, 2020, absent a persuasive showing by the permittee or licensee that the gathering could take place in accordance with the guidance and directives of public health authorities; and WHEREAS, on March 12, 2020, in response to social distancing guidance issued by the Centers for Disease Control and Prevention, the California Department of Public Health, and the Los Angeles County Department of Public Health, and to protect the health and safety of the City workforce, the City announced that Santa Monica City Hall would be closed to the public and open only to City employees from March 16, 2020, to March 31, 2020; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 706 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 2 WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to the novel coronavirus (“COVID-19”) and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements; and WHEREAS, on March 14, 2020, the Director of Emergency Services issued a first supplemental emergency order placing a temporary moratorium on evictions for non-payment of rent and temporarily suspending (a) the discontinuation or shut off of water service for residents and businesses in the City for non-payment of water and sewer bills; (b) the imposition of late payment penalties or fees for delinquent water and/or sewer bills; and (c) the imposition of late payment penalties or fees for parking violations; and WHEREAS, on March 15, 2020, the Director of Emergency Services issued a second supplemental emergency order temporarily closing the Santa Monica Pier to the general public; and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 temporarily prohibiting group events of 50 or more people, requiring certain social distancing measures, and ordering the closure of certain businesses; and WHEREAS, on March 16, 2020, the Director of Emergency Services issued a third supplemental emergency order that ordered the temporary closure of bars and nightclubs that do not serve food, movie theaters and entertainment venues, bowling alleys and arcades, gyms and fitness centers, and non-medical physical health and beauty businesses; and temporarily prohibited restaurants, bars, and retail food facilities from serving food on-premises; and WHEREAS, on March 16, 2020, the Governor of the State of California issued Executive Order N-28-20, suspending any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on March 17, 2020, the Director of Emergency Services issued a Revised Fourth Supplement to the Executive Order to permit public safety facilities, hospitals, clinics, and emergency shelters in all zoning districts and allow the Director of the Department of Planning and Community Development or designee to waive development standards, design review, parking and access requirements, and sign standards related to such uses; to permit limited service and take-out restaurant uses in any zoning district that allows full-service restaurants; to allow drive-through facilities for clinics, convenience markets, farmers markets, general markets, hospitals, pharmacies, and restaurants; to suspend planning deadlines and automatic approvals; to extend interim zoning ordinances now in effect; to direct that street sweeping not be conducted unless essential for public health and safety and suspend parking DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 707 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 3 citations related thereto; to suspend preferential parking rules; to suspend certain regulations relating to the operation of oversize vehicles; and to suspend Breeze bike share fees; and WHEREAS, on March 17, 2020, the Governor of the State of California issued Executive Order N-29-20 which, among other things, amended Paragraph 11 of earlier Executive Order N- 25-20 to suspend and waive certain provisions of state and local law, including but not limited to those provisions in the Bagley-Keene Act and the Brown Act related to the notice and accessibility requirements for the conduct of public meetings where the physical presence of public attendees or members of the public body seeking to meet are impliedly or expressly required; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised First Supplement to the Executive Order of the Director of Emergency Services implementing eviction protections for residential and commercial tenants and suspending removals of rental property from the market under the Ellis Act; and WHEREAS, on March 18, 2020, the Director of Emergency Services issued a Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency implementing a rear-door boarding policy for all Big Blue Bus (BBB) customers, with the exception of Americans with Disabilities Act customers traveling in mobility devices; suspending all passenger fares on the BBB; suspending discontinuation or shut-off of water services for residents and businesses based on non-payment of water or sewer bills; suspending late payment penalties for (a) water and/or sewer bills; (b) parking citations; (c) refuse and recycling collection bills; (d) Certified Unified Program Agency (CUPA) charges; (e) Fire Prevention inspection charges; (f) Transient Occupancy Taxes; (g) Utility Users Taxes; and (h) Parking Facility Taxes; suspending parking restrictions and limitations in many City parking lots, parking zones, and parking spaces; and suspending penalty assessments related to business licenses and business improvement district assessments; and WHEREAS, on March 19, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, and Revised Fifth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on March 19, 2020, the Governor of the State of California issued Executive Order N-33-20 directing all residents of the State of California to heed directives issued by the State Health Officer on the same date instructing all Californians to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors; and WHEREAS, on March 19, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, Order, closing all nonessential businesses, and limiting gatherings to 9 people or less; and DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 708 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 4 WHEREAS, on March 20, 2020, the Director of Emergency Services issued a Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency suspending labor negotiations through April 30, 2020, so that the City may assess the financial impacts of COVID-19 prior to engaging in collective bargaining, and suspending various human resources processes in order to decrease in-person meetings and enable effective emergency response, including suspending requirements associated with the administration of competitive examinations and the appointment of individuals from eligibility lists; suspending certain requirements and minimum qualifications associated with the appointment of temporary, limited-term, and as-needed employees; and modifying the Municipal Code to state that certain additional appointments will be subject to a probationary period; and WHEREAS, on March 21, 2020, the Director of Emergency Services issued a Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency aligning the Santa Monica Municipal Code with a California Department of Alcoholic Beverage Control (“ABC”) “Notice of Regulatory Relief” permitting restaurants and retailers holding valid ABC licenses to sell alcoholic beverages for off-site consumption via delivery and take-out; and WHEREAS, on March 21, 2020, the Los Angeles County Department of Public Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of COVID-19, amending and superseding its March 16, 2020, and March 19, 2020 Orders, closing all nonessential businesses and prohibiting gatherings of non-household members; and WHEREAS, on March 22, 2020, the Director of Emergency Services issued an Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency adopting as rules and regulations of the City of Santa Monica the Executive Order N-33-20, issued by the Governor of the State of California on March 19, 2020 (the “Governor’s Stay at Home Order”) and the Safer at Home Order for Control of COVID-19, issued by the Los Angeles County Department of Public Health on March 21, 2020 (the “County Safer at Home Order” or “Safer at Home Order”), including any later amendments or successors thereto, the stricter of which shall apply if there is any conflict between the Governor’s Stay at Home Order and the County Safer at Home Order; and authorizing the City to issue administrative citations to enforce this and the previously issued supplements to its emergency declaration; and WHEREAS, on March 27, 2020, the Governor of the State of California issued Executive Order N-37-20, building on Executive Order N-28-20 by extending the time for a tenant to respond to a summons and prohibiting the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19; and WHEREAS, on March 27, 2020, the Los Angeles County Department of Public Health issued an Addendum to the County Safer at Home Order closing all public trails and trailheads, as well as all public beaches, piers, public beach parking lots, beach bike path that traverse that sanded portion of the beach, and beach access points; and DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 709 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 5 WHEREAS, on March 27, 2020, the Director of Emergency Services issued a Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency closing certain City facilities, waiving late payment fees for City leases and licenses during the effective period of the order, suspending rent payments for City tenants on the Santa Monica Pier for the month of April, suspending outdoor dining licenses and outdoor dining license payments for City licensees for the month of April, granting the Director of the Department of Housing and Community Development discretion to suspend additional rent or license payments for the month of April for City tenants and licensees whose operations have been closed pursuant to emergency orders issued by the City, the County of Los Angeles Department of Public Health, or the Governor of California, authorizing the City to delay responses and productions of records in response to public record requests under specified circumstances, and extending by one month Santa Monica Fire Department annual permits of operation set to expire on May 1, 2020; and WHEREAS, on March 31, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the County Safer at Home Order clarifying that all government employees are essential workers during the pandemic; and WHEREAS, on April 1, 2020, the Director of Emergency Services issued a Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency imposing requirements specific to construction sites and projects to ensure their compliance with the social distancing and hygiene directives imposed by the County Safer at Home Order; and WHEREAS, on April 6, 2020, the Judicial Council of the State of California adopted an emergency court rule that effectively delays all evictions, other than those necessary to protect public health and safety, for the duration of the COVID-19 emergency; the rule is applicable to all courts and to all eviction cases, whether they are based on a tenant’s missed rent payment or another reason; among other things, the rule temporarily prohibits a court from issuing a summons after a landlord files an eviction case, unless necessary to protect public health and safety; as a result, even if a landlord files an eviction case, he or she will not have a summons to serve on the tenant until 90 days after the emergency passes; and WHEREAS, on April 6, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements thereto, and resolved that the proclamation and the aforementioned Supplements shall be operative and in effect through April 30, 2020; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued a Second Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency enhancing eviction protections to require landlords to provide notice of local eviction protections to tenants, prohibiting no-fault residential evictions, prohibiting certain evictions based on a tenant’s refusal of landlord entry into a residential unit, prohibiting certain evictions of residential tenants based on the presence of unauthorized pets or occupants, prohibiting use of the eviction process to seek rent delayed under DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 710 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 6 the Supplement if the landlord has already obtained compensation for the delayed rent through governmental relief, and temporarily enhancing penalties under the City’s Tenant Harassment Ordinance to $15,000; and WHEREAS, on April 8, 2020, the Director of Emergency Services issued an Eleventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency requiring workers and customers at covered businesses (including but not limited to grocery stores, farmers markets, restaurants, hardware stores, transportation providers, and plumbing and similar businesses) to wear face coverings; and WHEREAS, on April 10, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, and 31 County Health Officer Orders and Addendums and continued to prohibit all indoor and outdoor public and private gatherings and events; require all businesses to cease in-person operations and remain closed to the public, unless defined as an Essential Business by the order; require the closure of all indoor malls and shopping centers, all swap meets and flea markets, indoor and outdoor playgrounds, public beaches, piers, public beach parking lots, beach access points, and public trails and trailheads; and prohibit in-person operations of all non-essential businesses; and WHEREAS, on April 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Second Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Supplements thereto, and resolved that the Second Revised First Supplement shall be operative and remain in effect through May 31, 2020, and that the other aforementioned Supplements shall be operative and in effect through May 15, 2020; and WHEREAS, on April 24, 2020, the Director of Emergency Services issued a Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency tolling deadlines for reviewing and acting on planning applications, exercising rights under planning entitlements, and expiration of building permits; permitting lodging establishments operating as hotels and motels under Santa Monica’s zoning rules to allow stays of greater than 30 days, and waiving the City’s rule precluding employees from accepting gifts of any sort to allow City first responders and disaster workers to take advantage of City-approved public or private discount, specials, and subsidies programs; and WHEREAS, on April 30, 2020, the Director of Emergency Services issued a Third Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the eviction moratorium to June 30 and modifying it by limiting the commercial tenants subject to the protections of the order to exclude multinational companies, public companies, and companies with more than 500 employees; making clear that notice and documentation that indicates any loss of income or increase in expenses due to COVD-19 is sufficient to trigger the moratorium on eviction for non-payment of rent due to financial impacts related to COVID-19, and that a statement written by the tenant in a single communication may constitute both notice and documentation; and extending the protection against eviction based on rent unpaid due to financial impacts related to COVID-19 DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 711 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 7 from 6 to 12 months; in addition, the Third Revised First Supplement, in accordance with the Governor’s Executive Order suspending state law provisions, suspends SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale and adds language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; and WHEREAS, on May 7, 2020, the California State Public Health Officer issued an order that stated that COVID-19 continues to present a significant risk to the health of individuals throughout California, but, consistent with Californians’ mitigation efforts and other factors determined that the statewide data supported the gradual movement of the entire state form Stage 1 to Stage 2 of California’s Pandemic Resilience Roadmap, while authorizing local health jurisdictions to implement or continue more restrictive public health measures if warranted; and WHEREAS, on May 8, 2020, the Los Angeles County Department of Public Health issued Addendum No. 2 to the April 10 revised County Safer at Home Order amending that order to permit, subject to specific conditions, the reopening of certain specified types of lower- risk retail business for sales and service transactions made via curbside pick-up or delivery only, and the reopening of all previously closed public trails and trailheads, public and private golf courses, and new and used auto sales dealerships and operations; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Fourth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency restating the eviction moratorium and modifying it to define a set of “non-retail commercial tenants” consisting of commercial tenants, other than non-profits, that are tenants in an office building, do not collect sales tax on greater than 50% of their revenue, and do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services; specify that, for non- retail commercial tenants, the protection against eviction will extend only for 30 days after the expiration of the Order; and specify that, with respect to rent unpaid due to financial impacts related to COVID-19, landlords may not charge residential tenants interest on that unpaid rent for a period of 12 months following the expiration of the Order, may not charge commercial tenants (other than non-retail commercial tenants) interest on that unpaid rent for a period of 90 days following the expiration of the Order, and may not charge non-retail commercial tenants interest on that unpaid rent during the duration of the Order; and WHEREAS, on May 8, 2020, the Director of Emergency Services issued a Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency incorporating the provisions of the Third Revised First Supplement that add language to the City’s Housing Trust Fund and Affirmative Housing Production Program Guidelines to extend eligibility to individuals who were working in Santa Monica prior to March 1, 2020, but lost employment due to COVID-19 related reasons; incorporating the provisions of the Third Revised First Supplement that, in accordance with the Governor’s Executive Order suspending state law provisions, suspend SMMC 5.45.020 and 5.45.030 to the extent they prohibit retail establishments from providing without charge reusable DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 712 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 8 grocery bags or recycled paper bags or single-use plastic carryout bags to customers at point of sale; further extending to July 1, 2020 the expiration of Fire Department annual permits of operation; and limiting to between the hours of 10:00 am and 3:00 pm on weekdays the conduct of certain loud construction activities, including cement cutting or grinding, sandblasting, and the use of pile drivers, jackhammers, or pavement breakers, at construction projects other than public works construction; and WHEREAS, on May 12, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Third and Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First and Second through Thirteenth Supplements shall be operative and remain in effect through May 15, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on May 13, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, and May 3 and 8, 2020 County Health Officer Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed two categories of lower-risk businesses to reopen subject to specified social distancing protocols, retailers not located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, while retaining closures of beach parking lots, beach bike paths, and piers; and authorized local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and WHEREAS, on May 13, 2020, the City of Los Angeles issued a revised version of its safer at home order including requirements that all individuals engaging in outdoor activities, except for water activities, and all individuals engaging in essential activities whenever there is or can be contact with other who are non-household members in both public and private places, must wear a cloth face covering; and WHEREAS, on May 14, 2020, the Director of Emergency Services issued a Fourteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the effective dates of the Fourth Revised First, Second, Third, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 713 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 9 Twelfth, and Thirteenth supplements to June 30, 2020, or any later date expressly stated within the text of an individual supplement; and requiring all persons leaving their residences for the limited purposes allowed by the County Safer at Home Order to strictly comply with the social (physical) distancing requirements stated in that Order or County Department of Public Health guidance or protocols, including in particular the requirement that cloth face masks must be worn whenever there is or may be contact with others who are non-household members, including while engaging in permitted outdoor activities other than water activities; and WHEREAS, on May 15, 2020, the Director of Emergency Services issued a Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing enforcement of preferential parking rules to resume in Zone 3 only beginning May 22, 2020 and authorizing street sweeping to resume with individuals encouraged to comply with posted signs regarding parking prohibitions for street sweeping during the days and times indicated, but only during the first full week of each month, which is when the street sweeping will occur; and WHEREAS, on May 19, 2020, the Director of Emergency Services issued a Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing specified Boards, Commissions, and other appointed bodies to resume limited meetings, to be conducted remotely pending further order, for the purpose of exercising specified adjudicative and quasi-adjudicative duties assigned to them by the Charter and/or Municipal code and imposing, effective May 26, 2020, a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies; and WHEREAS, on May 22, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that amended and superseded the earlier March 16, 19, 21, 27, 31, April 10, May 3, 8, and 13, 2020 County Safer at Home Orders and Addendums; recognized that existing community transmission of COVID-19 in Los Angeles County continues to present a substantial and significant risk of harm to residents’ health; but took a limited and measured step to partially move the County into Stage 2 of its phased approach to reopening while keeping a low incidence of person-to-person contact and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events; continued to require the continued closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of specific retail and other Lower- Risk businesses, including curbside, doorside, or other outdoor or outside pickup from retailers located within an indoor mall or shopping center and manufacturing and logistics sector businesses that supply lower-risk retail businesses; permitted the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; and authorized participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; and DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 714 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 10 WHEREAS, on May 25, 2020, the California Department of Health, while recognizing that COVID-19 is still present in State communities and that physical distance, wearing face coverings in public, and washing hands frequently are more important than ever, announced the statewide opening of in-store retail shopping, under previously issued guidance and subject to approval by county public health departments, and issued guidelines for in-person protests and events designed for political expression; and WHEREAS, on May 26, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home Order for Control of COVID-19 that superseded all prior County Safer at Home Orders; while recognizing that existing community transmission of COVID-19 in the County continues to present a substantial and significant risk of harm to residents’ health, in light of the progress achieved in slowing the spread of COVID-19 in the County, aligned the County with State Executive Orders and State Health Officer Orders that support phased reopening in accordance with the California Pandemic Resilience Roadmap’s four stage framework, while maintaining the goals of limiting close contacts with others outside of residents’ households in both indoor and outdoor spaces and ensuring continued social distancing and adherence to other infection control procedures – accordingly, the order continued to prohibit indoor and outdoor public and private gatherings and events except for the limited purposes expressly permitted by the Order; continued to require compliance with social (physical) distancing requirements including wearing a cloth face covering whenever there is or can be contact with others who are non-household members in both public and private spaces; continued to require the closure of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur; continued to allow Essential Businesses to operate subject to social distancing requirements; allowed the conditional reopening of four categories of Lower-Risk businesses – lower-risk retail businesses that may now reopen for in-store shopping so long as capacity is kept under 50%, manufacturing and logistics sector businesses that supply lower-risk retail businesses, non-essential office-based businesses (while continuing to strongly encourage telework), and indoor malls and shopping centers; continued to permit the reopening of beaches, beach parking lots, and beach bike paths, while maintaining the closure of public piers; continued to authorize local public entities to temporarily close certain streets or areas to automobile traffic to allow for increased space for persons to engage in recreational activity in compliance with social (physical) distancing requirements; continued to authorize participation in Vehicle-Based Parades in compliance with all laws and a specified protocol; permitted in- person attendance at faith-based services, provided that the gathering of congregants is limited to the lower of 25% of the total maximum building occupancy or a maximum of 100; and permitted participating in in-person protests subject to the same attendance limits and maintenance of physical distancing; and WHEREAS, on May 29, 2020, the State Public Health Officer approved the request of Los Angeles County to reopen restaurants for sit-down, dine-in meals; and WHEREAS, on May 29, 2020, the Los Angeles County Department of Public Health issued a revised Safer at Home order that superseded all prior County Safer at Home Orders and was essentially equivalent to the May 26 Safer at Home Order with the exceptions that it: added DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 715 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 11 hair salons and barbershops as a fifth category of Lower-Risk businesses allowed to reopen subject to specified conditions; and permitted restaurants and other food facilities that provide sit-down, dine-in meals to reopen subject to specified conditions, including a limitation to 60% occupancy; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued a Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency superseding and replacing the Third Supplement to specify that closures and re-openings of businesses within Santa Monica shall be in accordance with State and County orders, with those imposing stricter regulations controlling in the event of conflict, and continuing to exempt trucks and other vehicles that deliver grocery items to grocery stores from limitations on delivery hours; and WHEREAS, on May 29, 2020, the Director of Emergency Services issued an Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency authorizing temporary outdoor dining extensions to adjacent sidewalk and/or adjacent parking, courtyard, or other private open space owned by the restaurant, for restaurants that open for in-house dining pursuant to the safety protocols required by the County Safer at Home Order; superseding and replacing Section 5 of the Revised Fourth Supplement and Sections 1 through 3 of the Twelfth Supplement to extend for two years the deadlines for planning, review, and permit-related actions; and superseding and replacing Sections 3 through 6 of the Ninth Supplement to waive and suspend late payment fees, rent payments by City tenants on the Santa Monica pier, and outdoor dining license payments for the months of April, May, and June 2020, and authorize the implementation of a rent deferment program for City commercial tenants whose operations have been closed or significantly restricted by COVID-19 emergency orders; and WHEREAS, on June 5, 2020, the Director of Emergency Services issued the First Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extending the authorization for temporary outdoor dining in the Eighteenth Supplement to adjacent private spaces not owned by restaurant with the consent of the owner and to sidewalks in front of adjacent buildings with the consent of the owner and authorizing the Finance Director to extend the delinquency date for business license renewal fees by two months (from September 1 to November 1) for businesses whose ability to pay has been affected by economic impacts related to COVID-19 or the civil unrest; and WHEREAS, on June 9, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fourth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 716 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 12 WHEREAS, on June 11, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community For Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the May 29 Safer at Home Order with the exception that it permitted outdoor activity to resume at piers and the following business and activities to reopen no earlier than June 12, 2020 subject to conditions and protocols as stated in the Safer at Home Order: music film and television production; day camps; fitness facilities; museums; professional sports without audiences; campgrounds, RV Parks, and associated outdoor activities; swimming pools and splash pads; for-hire fishing, guided fishing, or chartered boat trips; and hotels, motels, shared rental units and similar facilities for tourism travel; and WHEREAS, on June 17, 2020, the Director of Emergency Services issued a Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that: for residential tenants, restated the existing temporary eviction moratorium and extended the period for which unpaid rent will be subject to that eviction moratorium to July 31, 2020; and, for commercial tenants, substantially modified the temporary eviction moratorium, defining three different categories of commercial tenants, each of which receives varying protections, and encouraging landlords and commercial tenants to negotiate modifications to rental agreements and payment plans to accommodate changed economic circumstances of commercial landlords and tenants arising from the financial impacts of COVID-19; and WHEREAS, on June 18, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings mandating the use of cloth face coverings by the general public under specified circumstances when outside the home including when inside of, or in line to enter, any indoor space and while outdoors in public spaces when maintaining a physical distance of 6 feet from persons who are not members of the same household or residence is not feasible; and WHEREAS, on June 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community for Control of COVID- 19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 11 Safer at Home Order with the exception that it clarified the requirements that individuals leaving their residences must wear face coverings when they are or can be in contact with or walking past others outside of their household and permitted the reopening of the following business and activities no earlier than June 19, 2020 subject to conditions and protocols as stated in the Safer at Home Order: cardrooms, satellite wagering facilities and racetracks with no spectators; personal care services; and bars, wineries, breweries and tasting rooms; and WHEREAS, on June 22, 2020, the Governor of the State of California issued Executive Order N-70-20 which extended for an additional 60 days the tenth and eleventh paragraphs of Executive Order N-54-20, implementing a waiver that allows retailers to temporarily pause in- store redemption of beverage containers and temporarily suspending the requirement for DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 717 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 13 recycling centers to hold a minimum hours of operation, but did not similarly extend the twelfth paragraph of Executive Order N-54-20, which had suspended Public Resources Code section 42283’s prohibitions relating to retail establishments providing bags to customers at point of sale; and WHEREAS, on June 23, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Second, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and First Revised Eighteenth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the Fourth Revised First, Second, and Revised Fourth through First Revised Eighteenth Supplements shall be operative and remain in effect through June 30, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on June 23, 2020, the Los Angeles County Department of Consumer and Business Affairs issued Revised Guidelines to Aid in the Implementation of the Los Angeles County Eviction Moratorium During the COVID-19 Pandemic that, in accordance with orders issued by the Los Angeles County Board of Supervisors, recognized the extension of the County’s eviction moratorium through July 31, 2020, but, effective June 1, 2020, excluded from application of the moratorium commercial tenancies where the tenant has more than 100 employees and commercial tenancies where the tenant is a multinational company or a publicly traded company; and WHEREAS, on June 23, 2020, the Director of Emergency Services issued a Second Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that modified the First Revised Eighteenth Supplement to: supersede and replace the Second Supplement that closed the Pier, permitting the Pier to begin a phased reopening subject to conditions to ensure social distancing as of June 24, 2020; extend the suspension of outdoor dining license payments for City licensees through August 2020; extend the deadline for applications for extensions of the delinquency date for business license renewals to August 31, 2020; extend the authorization for temporary dining to adjacent private spaces not owned by the restaurant and to sidewalks in front of adjacent buildings with the consent of either the owner or tenant; extend the authorization for temporary dining to areas of the Pier to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; extend the authorization for temporary dining to portions of the sidewalk or roadway in the Third Street Promenade to be specified by the Director of the Community Development Department subject to specified conditions and any additional regulations; authorize the temporary use by businesses of adjacent sidewalks, adjacent private outdoor space, and areas of the Pier to be specified by the Director of the Community Development Department for business activities other than temporary dining, subject to specified conditions and any additional regulations; authorize restaurants and other businesses to establish temporary Main Street satellite spaces for business activities and outdoor dining in on-street parking and loading spaces adjacent to the restaurant or business, subject to specified conditions, specified design and safety specifications, and any additional regulations; and specify that for compliance with certain specified mandatory seismic retrofitting requirements, the two-year extension for planning, review, and permit-related actions DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 718 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 14 applies only if an application was pending as of March 13, 2020 or submitted between March 13, 2020 and the expiration of the Order; and WHEREAS, on June 28, 2020, in light of current rates of disease transmission in some counties and the need to reduce non-essential gatherings where mixing and disease spread occur, the California Department of Public Health ordered the closure in certain counties, including Los Angeles County, of bars, brewpubs, breweries, and pubs not offering sit-down, dine-in meals that had reopened after June 12 in accordance with prior state and local guidance and reemphasized that alcohol can only be sold in such establishments in the same transaction as a meal; and WHEREAS, on June 28, 2020, Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 18 Safer at Home Order with the exceptions that it returned most bars, brewpubs, breweries, tasting rooms, craft distilleries, and wineries to the list of higher-risk businesses whose closure is required; and required restaurants with a moderate risk or high risk permit issued by the County Department of Public Health and other food facilities that provide in-person dining to follow a revised protocol for on-site dining; and WHEREAS, on June 29, 2020, the Los Angeles County Department of Public Health issued a Reopening Safer at Work and in the Community for Control of COVID-19 order requiring the temporary closure of all public beaches, piers, beach bicycle paths and beach access points between July 3 and July 6; prohibiting all firework shows and events until further notice; noting that the County has recently observed a sharp increase in new COVID-19 cases and hospitalizations demonstrating the reality of increased community transmission of COVID-19; and reemphasizing that State public health directives and the current County Health Officer Order prohibit professional, social, and community mass gatherings, with gatherings defined as meetings or other events that bring together persons from multiple households at the same time for a shared or group experience in a single room, space, or place; and WHEREAS, on June 29, 2020, the Director of Emergency Services issued a Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that, with certain specified exceptions, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Second Revised Eighteenth Supplements to July 31, 2020, or any later date expressly stated within the text of an individual supplement; specified exceptions permitted impositions of late payment penalties for unpaid or delinquent Transient Occupancy Taxes, Utility Users Taxes, and Parking Facility Taxes to resume as of July 1, 2020; towing for violations of the California Vehicle Code relating to abandoned vehicles to resume as of July 1, 2020; the suspension of the prohibitions of Sana Monica Municipal Code Sections 5.45.020 and 5.45.030 relating to stores providing bags to customers at the point of sale without charge to expire as of July 1, 2020; Santa Monica Fire Department annual permits of operation to expire as of July 1, 2020; and issuance of parking citations associated with street sweeping to resume as of July 1, 2020; and DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 719 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 15 WHEREAS, on June 30, 2020, the Governor of California issued Executive Order N-71- 20, which, among other things, found that minimizing evictions during this period is critical to reducing the spread of COVID-19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine, self-isolate, or otherwise remain in their homes to reduce the transmission of COVID-19, and extended through September 30, 2020 Executive Order N-28- 20’s suspension of any and all provisions of state law that would preempt or otherwise restrict a local government’s exercise of its police powers to impose substantive limitations on residential and commercial evictions with respect to COVID19-related rent payment issues; and WHEREAS, on July 1, 2020, in a letter to California elected officials, the Governor of the State of California noted the recent increase in COVID-19 cases, including a concerning increase in hospitalizations; reminded Cities and Counties of their power, conferred by the California Constitution, to take action to protect their residents; called on elected officials to remain vigilant in efforts to protect the health and safety of their communities; and emphasized the dire consequences of failing to ensure compliance with public health orders, including a surge of COVID-19 cases and fatalities and an unsustainable burden on health care services that may divert resources from other health needs, further delaying reopening efforts; and WHEREAS, on July 1, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the June 28 Safer at Home Order with the exceptions that it noted the serious recent regression of COVID-19 indicators within the Count of Los Angeles, which showed troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and testing positivity rate; returned indoor, in-person onsite dining at restaurants, cardrooms, satellite wagering facilities, racetrack onsite wagering facilities, and indoor portions and exhibits of museums, zoos, and aquariums to the list of high-risk businesses required to close for at least 21 days and until further notice; and ordered the closure of indoor mall or shopping center food court dining and seating areas for at least 21 days and until further notice; and WHEREAS, on July 1, 2020, the Director of Emergency Services issued a Twentieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Eleventh and Fourteenth Supplements to, in accordance with the County Safer at Home Orders and the California Department of Health’s recent Guidance for the Use of Face Coverings, set out specifics regarding the requirement that all individuals wear face coverings whenever they leave their place of residence and are or may be in in contact with non-household members in both public and private spaces; set out exemptions from the face covering requirement; specify that business operators may refuse admission or service to any person who fails to wear a face covering as required or to comply with social distancing requirements imposed by the County Safer at Home Orders; and authorizes administrative citations with specified administrative fines for both individuals and businesses failing to comply with the face covering requirements; and DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 720 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 16 WHEREAS, on July 10, 2020, the Director of Emergency Services issued a Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency that superseded and replaced the Twenty-First Supplement issued July 8, 2020 and the Revised Twenty-First Supplement issued July 9, 2020, to, with respect to the November 3, 2020 general municipal election, reduce the number of nominating signatures for candidates to which Santa Monica Municipal Code Section 11.04.010 would apply from 100 to 30 and to waive the fee of $1 for each additional set of nomination papers after the first two sets; and WHEREAS, on July 13, 2020, in light of current data reflecting that community spread of COVID-19 infection is of increasing concern across the state, the California Department of Public Health ordered the statewide closure of all operations, indoors and outdoors, of bars, pubs, brewpubs, breweries, and concert, performance, and entertainment venues, subject to specified exceptions; the statewide closure of indoor operations of dine-in restaurants, wineries and tasting rooms, family entertainment centers and movie theaters, indoor attractions at zoos and museums, and cardrooms; and the closure in certain counties that currently appear on the Department’s County Monitoring List and have been on the list for three consecutive days, which included Los Angeles County, all indoor operations of gyms and fitness centers, places of worship, protests, offices for non-critical infrastructure sectors, personal care services (including nail salons, massage parlors, and tattoo parlors), hair salons and barbershops, and malls; and WHEREAS, on July 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 1 Safer at Home Order with the exceptions that it ordered the closure of indoor operations of hair salons and barbershops, fitness facilities, and personal care establishments; permitted in-person faith-based services and protests so long as they are held outdoors; ordered the closure of indoor portions and operations of indoor malls and shopping centers; required that all indoor portions and operations of any non-essential office-based business cease, subject to the exception for minimum basic operations; and required that essential businesses, healthcare operations, or essential infrastructure whose operations require employees to operate from an office worksite require employees to telework to the extent feasible; and WHEREAS, on July 14, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, Twentieth, and Revised Twenty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through July 31, 2020, or any later date expressly stated within the text of an individual supplement; and 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 DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 721 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 17 Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency to further clarify the requirement that all persons must wear face coverings whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private spaces, including, but not limited to, walking through common areas such as hallways, stairways, elevators, and parking facilities; clarify that having a face covering visible and immediately ready to put on whenever within 30 feet of another non-household member is intended to satisfy the face covering requirement when walking, running, biking, or otherwise exercising or moving in outdoor areas such as sidewalks, parks, paths, and trails; and add provisions permitting limited inquiries to those asserting exemptions from the face covering because of medical condition, mental health condition, or disability to prevent fraudulent assertions of such exemptions; and WHEREAS, on July 15, 2020, the Director of Emergency Services issued a Twenty- Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which extended the eviction moratorium for residential tenants implemented by the Fifth Revised First Supplement to September 30, 2020, and extended the eviction moratorium for commercial tenants implemented by the Fifth Revised First Supplement to August 31, 2020; and WHEREAS, on July 18, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 14 Safer at Home Order with the exceptions that it stated its intent to continue to ensure that County residents remain in their residences as much as practicable to limit close contact with others outside their household in both indoor and outdoor spaces; reemphasized that all persons who can telework or work from home should continue to do so as much as possible; restated that all gatherings of people who are not part of a single household or living unit are prohibited except for the limited purposes expressly permitted by the order; recognized that the State Public Health Officer requires all public and private schools within the County of Los Angeles to remain closed to in-person learning until certain criteria are satisfied and issued reopening protocols for schools permitted to reopen to in-person learning; directed that individuals instructed by their medical provider not to wear a face covering should wear a face shield with a drape on the bottom edge as long as their condition permits it; and included revised reopening protocols for various types of businesses; and WHEREAS, on July 28, 2020, the Director of Emergency Services issued a Twenty- Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, subject to the exceptions stated in Section 2 of the Nineteenth Supplement, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements to August 31, 2020, or any later date expressly stated within the text of an individual supplement; and, DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 722 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 18 WHEREAS, on July 28, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Second Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, and Twenty-Second Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall be operative and remain in effect through August 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on August 12, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the July 18 Safer at Home Order with the exception that it provided clarification regarding when elementary schools may seek a waiver to conduct in-person instruction for grades TK-6; updated requirements for childcare facilities to specify childcare must be carried out in stable groups of 12 or fewer children in the same group each day, instead of 10; and aligned with new guidance for institutes of higher education; and WHEREAS, on August 22, 2020, the Director of Emergency Services issued a Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which superseded and replaced the prior versions of the Eighteenth Supplement to authorize the specified uses of public and private outdoor spaces through the duration of the County Safer at Home Order, plus an additional 30 days, so long as businesses either enter into an encroachment agreement with or obtain a permit from the City; allow the City to assess a monthly fee for the use of space in the public right-of-way after November 1, 2020, with 30 days’ notice provided to businesses; authorize the use of canopies and propane heaters in private and public outdoor spaces in compliance with specified guidelines; permit tables and chairs to be left secured outside the business overnight and so long as there is at least five (5) feet of unobstructed access on the sidewalk; set standards for decks in both Main Street satellite spaces and private property used for outdoor business; require that any structures put in place in any Main Street satellite space be brought into compliance with the deck standards in the Third Revised Eighteenth Supplement and that any structures for outdoor business activity on private property be brought into compliance with the deck standards or other applicable building standards; set fines for violations of conditions for operating in the public right-of-way and in private outdoor spaces through administrative citations to be issued by Code Enforcement; and authorize the Director of the Community Development Department to enter into temporary license agreements to permit the temporary use of portions of certain public parking facilities or the Santa Monica Pier, as designated by the Director, for temporary use by gyms and fitness establishments; and 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 DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 723 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 19 20 or more natural persons who are not part of a single household or living unit at a residence or other private property; extended the eviction moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, through September 30, 2020; subject to the exceptions specified in the Nineteenth and Twenty-Third Supplements, extended the effective dates of the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, and Twenty-Third Supplements to September 30, 2020, or any later date expressly stated within the text of an individual supplement; and extended the suspensions of the discontinuation or shut off of water service for non-payment of water or sewer bills and of late payment penalties for unpaid or delinquent water and/or sewer bills and refuse and recycling collections bills, as originally implemented by Sections 2, 3(a), and 3(c) of the Revised Fifth Supplement, through December 31, 2020; and WHEREAS, on August 28, 2020, the California Department of Public Health issued a statewide order that, recognizing that community spread of infection remains a significant concern across the state, and based on the current state of the pandemic in California and current scientific understanding of transmission, further refined the State’s approach to gradually reopen businesses and activities while reducing the risk of increased community spread by adopting a targeted system for sector reopenings that relies on a set of tiers corresponding to specific epidemiological profiles based on indicators of disease burden including case rates per capita and percent of positive COVID-19 tests and proportion of testing and other COVID-19 response efforts addressing the most impacted populations within a county; under this revised framework, local health jurisdictions may reopen, or must close, specified sectors according to their county’s tier; and WHEREAS, on August 31, 2020, California passed legislation, Assembly Bill 3088, under which, among other things, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 and August 31, 2020, if the tenant provides a declaration of COVID-19-related financial distress according to specified timelines; no tenant can be evicted for rent that accrues but is unpaid due to a COVID-19 hardship between September 1, 2020 and January 31, 2021 if the tenant submits declarations of COVID-19-related financial distress according to specified timelines and pays 25% of the unpaid rent due by January 31, 2020; and landlords are required to provide tenants a notice detailing their rights under the legislation; and WHEREAS, on September 2, 2020, as then revised on September 4, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Moving the County of Los Angeles Into Stage 3 of California’s Pandemic Resilience Roadmap order that superseded all prior Safer at Home Orders and was essentially equivalent to the August 12 Safer at Home Order with the exception that it recognized that the daily number of new cases is still high, and COVID-19 remains widespread 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 DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 724 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 20 operators to provide as many services as possible outside; and, beginning September 14, 2020, allowed K-12 schools to offer in-school services for a small, stable cohort of students with Individualized Education Programs or English Learners needing assessments and/or specialized in-school services, with priority given to students with disabilities; and WHEREAS, on September 4, 2020, the United States Center for Disease Control and Prevention, recognizing that “in the context of a pandemic, eviction moratoria – like quarantine, isolation, and social distancing – can be an effective public health measure utilized to prevent the spread of communicable disease,” that eviction moratoria “facilitate self-isolation by people who become ill or who are at risk for severe illness from COVID-19 due to an underlying medical condition” and “allow State and local authorities to more easily implement stay-at-home and social distancing directives to mitigate the community spread of COVID-19,” and that “housing stability helps protect public health because homelessness increases the likelihood of individuals moving into congregate settings, such as homeless shelters, which then puts individuals at higher risk to COVID-19” (Federal Register, Vol. 85, No. 173 at page 55292), issued an order, applicable in any State or local area without a moratorium on residential evictions that provides the same or greater level of public-health protections as the requirements in the order, requiring that, through December 31, 2020, subject to further extension, modification, or rescission, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action shall not evict any covered person (as defined in the order) from any residential property in any State in which there are documented cases of COVID-19; and WHEREAS, on September 8, 2020, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, First Revised Twentieth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, and Twenty-Fourth Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not extended by the Seventeenth 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 DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 725 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 21 by and conducted in accordance with all requirements of the County Safer at Home Order; extended the City’s moratorium on evictions of residential tenants for reasons other than nonpayment of rent through December 31, 2020; extended the eviction moratorium for nonpayment of rent by commercial tenant 1s (as defined in the Fifth Revised First Supplement) through December 31, 2020, subject to the requirement that for rent due after September 30, 2020, except for rent due for periods in which the commercial tenant 1’s business remains closed because the County Safer at Home Order requires it to remain closed, the commercial tenant 1 must pay at least 50% of the rent due in accordance with the terms for payment set out in the tenant’s lease; authorized the Director of the Community Services Department to promulgate regulations and issue permits for gym and fitness establishments to engage in commercial fitness activities at City parks, City park parking lots, and City beaches; superseded and replaced Section 5 of the Revised Fifth Supplement so that penalties related to business licenses for fiscal year 2020-2021 will begin to accrue as of September 1, 2020 unless an extension application was timely filed pursuant to the Third Revised Eighteenth Supplement and penalties related to business improvement district assessments for fiscal year 2020-2021 are not suspended and will begin to accrue if the assessments are not timely paid; with the same exceptions specified in the Nineteenth, Twenty-Third, and Twenty-Fourth Supplements (the latter of which extended the expiration of the supplements to September 30, 2020), extends the expiration of prior supplements that remain in place to December 31, 2020 unless a later expiration date is provided in an individual supplement; and WHEREAS, on 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, which, to ensure compliance with County social distancing requirements and the County’s prohibition on live audiences for street performers, suspended the issuance of permits for street performers at the Pier, Third Street Promenade, and Transit Mall, with the result that street performers will not be allowed in those spaces during their most crowded times, after noon Monday through Friday and on weekends and holidays; prohibited street performers in those spaces at all other times from encouraging any person from gathering to observe the performance while requiring performers to comply with all County social distancing requirements, including the wearing of face coverings; authorized the Director of the DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 726 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 22 Community Development Department to issue regulations authorizing businesses to post curbside pickup signs on parking meters adjacent to or near the business and designating spaces in public parking lots where the City may post curbside pickup signs; temporarily suspended certain Municipal Code requirements regarding procedures relating to HUD Community Development Block Grants that are inconsistent with HUD procedures adopted in light of the COVID-19 pandemic; and authorized the Director of the Community Development Department to issue regulations regarding and issue temporary use permits for certain uses allowed by the County Safer at Home Order, including temporary outdoor sales and special events, for a period longer than 45 days but less than 180 days; and WHEREAS, on October 9, 2020, the California Department of Public Health, noting that COVID-19 continues to pose a severe risk to communities and requires all people in California to follow necessary precautions and to adapt the way they live and function in light of this ongoing risk, noting that the safest way to gather is to spend time with people in the same household or to gather virtually, and noting that limiting attendance at gatherings is a way to reduce the risk of spread and increase the effectiveness of contact tracing if a positive case is discovered, issued mandatory guidance for private gatherings that, among other things, limited them to no more than 3 households, required them to occur in space sufficient for everyone to maintain at least 6 feet of physical distance from any others not in their own household, and required the wearing of face coverings; and WHEREAS, on October 14, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders, recognized that existing community transmission of COVID-19 in Los Angeles County remains widespread and continues to present a substantial and significant risk of harm to residents’ health, noted that there remains a strong likelihood that increased interactions among members of the public will result in a significant and increasing number of cases of community transmission, noted that the daily number of new cases while not currently substantially increasing is still high, and was essentially equivalent to the October 6 Safer at Home Order with the exception that, to align with the California Department of Public Health October 9, 2020 guidance on private gatherings, it defined the term “household” to exclude institutional and commercial group living situations and authorized certain private gatherings of persons from no more than three households, but only in compliance with strict requirements including that they must occur outdoors in a space large enough for everyone to maintain at least 6 feet of physical distance from any others not in their own household, be limited to two hours or less, and be conducted in accordance with social distancing requirements including the wearing of face coverings; and WHEREAS, on October 23, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID-19 – Blueprint for a Safer Economy—Tier 1 order that superseded all prior Safer at Home Orders and was essentially equivalent to the October 14 Safer at Home Order with the exception that it permitted personal care establishments to offer services indoors with modifications; permitted batting cages, miniature golf, and go cart racing to operate outdoors; clarified that food court dining rooms in an indoor mall or shopping center must remain closed; increased the percentage of students with individual education programs and English learners and other high-need students to return to a K-12 campus; and permitted schools to reopen from TK to second grade DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 727 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 23 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 Seventeenth Supplement, be operative and remain in effect through December 31, 2020, or any later date expressly stated within the text of an individual supplement; and WHEREAS, on November 13, 2020, noting that the incidence of COVID-19 is increasing in many states and countries and that travel itself can be a risk for exposure to COVID-19, the California Department of Health issued a travel advisory, encouraging Californians to stay home or in their region and avoid non-essential travel to other states or countries; and WHEREAS, on November 16, 2020, the California Department of Public Health issued Guidance for the Use of Face Coverings, superseding the face covering guidance it issued on June 18, 2020, that requires persons to wear face coverings when they are outside of their home, unless an enumerated exemption applies; WHEREAS, on November 19, 2020, the California Department of Public Health, citing the recent, unprecedented rate of rise in increase in COVID-19 cases across California, issued a Limited Stay at Home Order effective from November 21, 2020 at 10 pm PST to 5 am PST on December 21, 2020 in counties under Tier One (Purpose) of California’s Blueprint for a Safer Economy requiring that all gatherings with members of other households and all activities conducted outside the residence, lodging, or temporary accommodation with members of other households cease between 10:00 pm PST and 5:00 am PST, except for those activities associated with the operation, maintenance, or usage of critical infrastructure or required by law; WHEREAS, on November 19, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID- 19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at Home Orders and became effective on November 20, 2020 and was essentially equivalent to the October 23 Safer at Home Order with the exception that it limited the number of persons at private outdoor gatherings to 15 persons and made other clarifications on permissible private outdoor gatherings; limited the number of customers at outdoor restaurants, breweries, and wineries to 50% of the establishment’s outdoor capacity and prohibited in-person outdoor dining between the hours of 10:00 pm and 6:00 am; limited the number of customers at outdoor cardrooms, miniature golf, batting cages, and go cart racing to 50% of the establishment’s outdoor capacity; limited the number of persons at indoor operations for retail, office, and personal care to 25% capacity; clarified that an essential business must comply with the social (physical) distancing protocol and all other applicable protocols; and specified the type DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 728 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 24 of retail food market that must comply with the new protocol for grocery stores and retail food markets; and WHEREAS, on November 23, 2020, he Director of Emergency Services issued a Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which authorized, and provided rules and authorized the Director of the Community Development Department to issue regulations regarding, the temporary extension by certain eligible businesses of their operations into unused portions of the parking lane on Main Street where the City has placed K-rails; waived the permit fee for tents larger than 400 square feet for any special event permit filed with the Santa Monica Fire Department in connection with a temporary use authorized by Sections 1 to 10 of the Twenty-Eighth Supplement or Sections 19 to 78 of the Third Revised Eighteenth Supplement; expanded temporary curbside pickup zones by allowing the designation and use of on-street parking spaces where no metered spaces are adjacent to the business; clarified that the two-year extension of deadlines for planning, review, and permit actions implemented by the Third Revised Eighteenth Supplement does not extend the deadlines for appeals as set forth in Articles VIII and IX of the Santa Monica Municipal Code; authorized voluntary temporary disconnection of City water service for commercial property accounts, excluding fire service accounts, upon payment of a temporary disconnection fee of $208.00; clarified that landlords’ service of required Notices of Terminations of Tenancy in accordance with instructions from the Rent Control Board upon its acceptance of a notice of intent to Ellis a building will not violate the eviction moratorium, while specifying that no unlawful detainer action based on removal of a unit from the rental market pursuant to the Ellis Act may be filed until sixty days after the expiration of the Twenty-Eighth Supplement; and extended the suspensions of water service shut off and imposition of late payment penalties for unpaid or delinquent water, sewer, and/or refuse and recycling collection bills through March 31, 2021; and WHEREAS, on November 25, 2020, the Los Angeles County Department of Public Health issued a revised Reopening Safer at Work and in the Community For Control of COVID- 19 – Blueprint for a Safer Economy – Tier 1 Surge Response order that superseded all prior Safer at Home Orders; recognized the recent steep surge of COVID-19 cases and large increases in hospitalizations and testing positivity rates in the County; noted that existing community transmission of COVID-19 in Los Angeles County remains widespread and continues to present a substantial and significant risk of harm to residents’ health; noted that there remains a strong likelihood that increased interactions among members of the public will result in a significant and increasing number of cases of community transmission; noted that because even people without symptoms can transmit the virus and because evidence shows the infection is easily spread, preventing, limiting, and placing conditions on various types of gatherings and other direct and indirect interpersonal interactions have been proven to reduces the risk of transmitting the virus; and was essentially equivalent to the November 19 Safer at Home Order with the exceptions that it: aligned the County Safer at Home Order with California’s November 19, 2020 Limited Stay at Home Order (effective November 21 at 10:00 pm PST) by requiring that all gatherings with members of other households and all activities conducted outside the residence, lodging, or temporary accommodation with members of other households cease between 10:00 pm PST and 5:00 am PST, except for those activities permitted by the Safer at Home Order or required by law; required restaurants, breweries, and wineries to only offer food and beverage DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 729 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 25 via take-out, prohibiting both indoor and outdoor on-site food and beverage service, for the period November 25 through at least December 17, 2020; and WHEREAS, on November 28, 2020, the Los Angeles County Department of Public Health issued a Temporary Targeted Safer at Home Health Officer Order for Control of COVID- 19: Tier 1 Substantial Surge Response, effective from 12:01 am PST on November 30, 2020 to 11:59 pm PST on December 20, 2020, that, for this time period, temporarily replaces the November 25, 2020 Safer at Home Order; recognized the recent substantial rise in COVID-19 cases, hospitalizations, and deaths in Los Angeles County; stated the Health Officer’s expectation that both the number of new cases and hospitalizations will continue to rapidly increase over the next 21 days; and, among other things: directs all persons to stay home, except to travel to and from Essential Businesses, to work at or provide service to a Healthcare Operation or Essential Infrastructure, to work at, perform or obtain services from an Essential Governmental Function, or to participate in permitted individual or household activities while practicing social distancing; prohibits all public and private gatherings and events with people from more than one household except for outdoor faith-based services and outdoor protests, and as permitted in paragraph 9 of the order; requires all persons leaving their residences to strictly comply with Social (Physical) distancing requirements, including wearing a face covering or mask over both the nose and mouth whenever they are or can be in contact with or waking near or past others who are non-household members in both public and private places, whether indoors or outdoors; maintains the requirement that all permitted activities with individuals of other households and all activities conducted outside the residence, lodging, or temporary accommodation with members of other households must cease between 10:00 pm and 5:00 am (PST) except for those activities associated with the operation, maintenance, or usage of an Essential Business, Healthcare Operation, Essential Infrastructure, Essential Government Function, or required by law; maintains the closure of onsite indoor and outdoor dining at all restaurants, allowing them to open only for takeout and delivery; requires the closure of 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, as of November 29, 2020, the Los Angeles County Department of Public Health has confirmed 395,843 cases of COVID-19 in Los Angeles County and has continued to advise that bold and aggressive measures are required to be put in place to prevent the further spread of COVID-19; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, as a result of the public health emergency and the precautions recommended by health authorities, many residential and commercial tenants in Santa Monica have experienced sudden and unexpected income loss; and DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 730 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 26 WHEREAS, individuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, including shelters and food banks; and WHEREAS, continuing economic impacts from COVID-19 and the social distancing measures implemented to address it are anticipated, leaving certain residential and commercial tenants vulnerable to eviction even following the limited reopenings of businesses, often subject to strict occupancy limits, permitted by the County Safer at Home Order; and WHEREAS, in light of a recent surge of COVID-19 cases, the County Safer at Home Order has been amended to tighten occupancy limits for retail businesses, require the closure for at least three weeks of previously allowed on-site outdoor dining, and limit hours of operation of most commercial businesses, which increases the adverse economic impacts from COVID-19 on certain commercial tenants who are now even more vulnerable to eviction; and WHEREAS, commercial tenants and landlords should be encouraged as much as possible to negotiate modifications to rental agreements and payment plans that will allow commercial tenants to remain in leased commercial space while not unnecessarily depriving commercial landlords of rents due for that commercial space; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement, to protect the City’s affordable housing stock, to prevent housed individuals from falling into homelessness, and to prevent loss of local businesses; and WHEREAS, this local emergency includes an economic crisis that could only worsen the existing housing crisis in the City and in Los Angeles County; and WHEREAS, no-fault evictions would displace residents from their homes during imposition of COVID-19 related social distancing, quarantine, and home isolation orders that make searching for new housing infeasible and potentially dangerous to one’s health and safety; and WHEREAS, California Government Code 8634 empowers the City to promulgate orders and regulations necessary to provide for the protection of life and property during a local emergency, and WHEREAS, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this regulation related to the protection of life and property. DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 731 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 27 NOW, THEREFORE, I, Lane Dilg, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following order to become effective immediately, subject to ratification as soon as practicable by the City Council. /// /// IT IS HEREBY ORDERED THAT: A. Extension of Residential Tenant Eviction Moratorium 1. As noted in the Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (the “Twenty-Sixth Supplement”), AB 3088 precludes the City from extending the eviction moratorium for residential tenants for nonpayment of rent due to the financial impacts of COVID-19 implemented by Sections 1, 2, 6 through 11, and 20 through 24 of the Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (the “Fifth Revised First Supplement”) to apply to rent due and unpaid after September 30, 2020, the date to which the eviction moratorium had been extended by the Twenty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, issued July 15, 2020. Accordingly, as implemented by the Twenty-Sixth Supplement: (a) Sections 1, 2, 6 through 11, and 20 through 24 of the Fifth Revised First Supplement, as they apply to nonpayment of rent due to the financial impacts of COVID-19, shall apply only to such rent that was due and unpaid between March 14, 2020 and September 30, 2020; and (b) through September 30, 2021, a landlord may not endeavor to evict a covered residential tenant for nonpayment of such rent due to the financial impacts of COVID-19. 2. Sections 1, 4 through 11, and 20 through 24 of the Fifth Revised First Supplement, which implement an eviction moratorium for residential tenants for reasons other than nonpayment of rent due to the financial impacts of COVID-19, as well as Section 3 of the Fifth Revised First Supplement as put in place by Section 26 of the Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (the “Twenty-Eighth Supplement”), are extended and shall remain in effect through January 31, 2021, unless extended or expressly superseded by a duly enacted Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency Services. B. Extension of Commercial Tenant 1 Eviction Moratorium 3. Subject to Section 4 of this Order, Sections 1, 14 through 19, and 20 through 24 of the Fifth Revised First Supplement, which implement an eviction moratorium for commercial tenant 1s, as defined in the Fifth Revised First Supplement, are extended and shall remain in effect through January 31, 2021, unless extended or expressly superseded by a duly enacted Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency Services. DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 732 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 28 4. For rent due after September 30, 2020, the temporary moratorium on eviction for nonpayment of rent by a commercial tenant 1 impacted by the COVID-19 crisis shall apply only if the commercial tenant 1: (a) satisfies the requirements set forth in Sections 14(a) and (b) of the Fifth Revised First Supplement; and (b) except for rent due for periods in which the commercial tenant 1’s business either (i) remains closed because the County Safer at Home Order, including any amendments or successors thereto, requires it to remain closed or (ii) if a restaurant or retailer, remains open only for curbside pickup and delivery because the County Safer at Home Order, including any amendments or successors thereto, prevents any indoor or outdoor dining or retail activity and permits only curbside pickup and delivery, pays at least 50% of such rent in accordance with the terms for payment, including timing of payment, set forth in the commercial tenant 1’s lease. C. Extension of Expanded Temporary Curbside Pickup Zones 5. Sections 12 through 17 of the Twenty-Eighth Supplement, which authorized expanded temporary curbside pickup zones pursuant to regulations to be promulgated by the Director of the Community Development Department or designee, are hereby extended and shall remain in effect through January 31, 2021, unless extended or expressly superseded by a duly enacted Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency Services. D. Housing Commission Meetings to Consider Housing Element 6. Notwithstanding Section 4 of the Sixteenth Supplement, the Housing Commission may conduct meetings as necessary to review and make recommendations regarding the update of the City’s Housing Element. 7. Any meetings of the or Housing Commission conducted pursuant to Section 6 of this Order shall be conducted in accordance with Section 6 of the Sixteenth Supplement. E. Suspension of Late Payment Penalties for Unpaid or Delinquent Transient Occupancy Taxes 8. The imposition of late payment penalties for unpaid or delinquent Transient Occupancy Taxes (“TOT”) collected by hotels or others responsible for collection and payment of TOT for periods beginning on or after November 1, 2020 is hereby suspended through March 31, 2021, unless that suspension is extended or expressly superseded by a duly enacted Resolution or Ordinance of the City Council or by a further Order by the Director of Emergency Services. /// /// DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 733 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency 29 F. General Provisions 9. This Order shall take effect immediately and, unless extended or expressly superseded by a duly enacted Ordinance of the City Council or by a further Order by the Director of Emergency Services: (a) Sections 1 through 7 of this Order shall remain in effect through January 31, 2021; and (b) Section 8 of this Order shall remain in effect through March 31, 2021. 10. If any section, subsection, sentence, clause, or phrase of this Order is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order. The Interim City Manager hereby declares that she would have issued this Executive Order, and any Supplement or Revised Supplement to this Executive Order, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ADOPTED this 30th day of November 2020. By: LANE DILG Interim City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: DENISE ANDERSON-WARREN City Clerk GEORGE S. CARDONA Interim City Attorney DocuSign Envelope ID: 182BFB2E-2690-4482-B76A-CFCA7DB5494C 3.L.ab Packet Pg. 734 Attachment: AA-20201130.Supplement_29_-_Local_Emergency_-_COVID (4371 : Adoption of Resolution Ratifying COVID-19 Emergency