SR 03-08-2022 3F
City Council
Report
City Council Meeting: March 8, 2022
Agenda Item: 3.F
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To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Administration
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,
2020 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, October
27, and December 15, 2020, and January 26, March 23, effective May 22, and
July 13, 2021. As the City’s Director of Emergency Services, the City Manager has
issued a total of 42 supplements to the Executive Order, with specific regulations
and policies to protect the health and safety of Santa Monica residents, workers,
businesses, and visitors.
On March 4, 2020, Governor Newsom issued a proclamation that suspended and
waived the 60-day time period in Government Code 8630 within which local
governmental authorities must renew a local emergency for the duration of this
statewide emergency. Nonetheless, it remains a best practice for the City Council
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to ratify all supplements to the Executive Order as soon as practicable pursuant to
SMMC section 2.16.100, which requires that “rules and regulations” issued by the
Director of Emergency Services be “confirmed at the earliest practicable time by
the City Council.” Accordingly, this staff report recommends re-ratifying the
Proclamation of Local Emergency, as well as re-ratifying all of the previously
ratified supplements that remain in effect and the one additional supplement that
was issued on January 27, 2022, but which has not yet been ratified.
Discussion
The novel coronavirus (“COVID-19”) has spread across the globe since the first cases
were reported in January 2020. The Centers for Disease Control and Prevention stated
that certain populations were 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, 2020. Thereafter, the virus spread from China to
every continent but Antarctica.
In response, federal, state, and local authorities took action. On March 4, 2020,
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, 2020, the City of Santa Monica issued a local emergency proclamation in
response to the COVID-19 public health emergency (Exhibit A) and on March 14, 2020,
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.
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On March 16, 2020, the Los Angeles County Department of Public Health issued a
Health Officer Order for the Control of COVID-19 (“Health Officer Order”) that imposed
various restrictions on gatherings, closure of certain businesses, and certain social
distancing measures. Since March 16, 2020, the Los Angeles County Department of
Public Health has on multiple occasions amended and modified its Health Officer Order,
and, as of the date of this Order, a Health Officer Order remains in effect, which
requires various measures to reduce the spread of COVID-19.
The Director of Emergency Services has issued 41 separate supplements to the
Executive Order of March 13, 2020 and the City Council has ratified them. Most
recently, on December 7, 2021, the City Council re-ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised
First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second
Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth,
Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-
Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh,
Thirty-Eighth, Thirty-Ninth, Fortieth, and Forty-First Supplements thereto; resolved that
the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the supplements being ratified above
shall, except for those portions of earlier supplements that were not extended by the
Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-
Seventh, and Thirty-Ninth Supplements, be operative and remain in effect through
January 31, 2022, or any later date expressly stated within the text of an individual
supplement.
The Director of Emergency Operations has issued one additional supplement that has
not yet been ratified: On January 27, 2022, the Director of Emergency Services issued a
Forty-Second Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (Exhibit C), which extended the
expiration of prior supplements that remained in place to June 30, 2022 or the
termination of the County Health Officer Order, whichever occurs first.
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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, October 27, and December 15, 2020, and January 26, March 23, May 25
(effective as of May 22), July 13, August 24, 2021, and October 12, 2021, ratifying the
earlier supplements.
Staff now request that Council adopt the attached resolution ratifying the Executive
Order, and the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth,
Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth,
Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-
Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth,
Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-
Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, Forty-First, and Forty-Second
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.
Fiscal Impacts
None.
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Prepared By: Joseph Lawrence, Interim City Attorney
Approved
Forwarded to Council
Attachments:
A. ORD-Res-EmergencyRatification-COVID-3.8.2022
B. ExA-20200313.SM.Proclamation - Local Emergency
C. ExB-20200314.SM.Revised_Proclamation
D. ExC-Supplement_42_Local_Emergency_COVID
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City Council Meeting: March 8, 2022 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
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actions already underway across multiple state agencies and departments, and help the
State prepare for broader spread of COVID-19; and
WHEREAS, on, before, and after March 4, 2020, the City actively planned and
implemented measures to prevent the spread of COVID-19 and to prepare for any and
all emergency actions in response to the spread of COVID-19; and
WHEREAS, on March 12, 2020, the City activated its Emergency Operations
Center to support ongoing emergency actions in response to the spread of COVID-19;
and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued
by the Centers for Disease Control and Prevention, the California Department of Public
Health, and the Los Angeles County Department of Public Health, the City of Santa
Monica (“the City”) cancelled all social gatherings (events, activities, programs, and
gatherings) in City facilities that were scheduled to occur through permit or license
between March 12, 2020, and March 31, 2020, absent a persuasive showing by the
permittee or licensee that the gathering could take place in accordance with the
guidance and directives of public health authorities; and
WHEREAS, on March 12, 2020, in response to social distancing guidance issued
by the Centers for Disease Control and Prevention, the California Department of Public
Health, and the Los Angeles County Department of Public Health, and to protect the
health and safety of the City workforce, the City announced that Santa Monica City Hall
would be closed to the public and open only to City employees from March 16, 2020, to
March 31, 2020; and
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WHEREAS, on March 13, 2020, the President of the United States of America
declared a national emergency and announced that the federal government would make
emergency funding available to assist state and local governments in preventing the
spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of
Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a
local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to
ensure the availability of mutual aid and an effective the City’s response to COVID-19
and this local emergency was restated on March 14, 2020, through a revised
declaration of local emergency to ensure compliance with all digital signature
requirements (the “Executive Order”); and
WHEREAS, on March 16, 2020, the Los Angeles County Department of Public
Health issued a Health Officer Order for the Control of COVID-19 (“Health Officer
Order”) that imposed various restrictions on gatherings, closure of certain businesses,
and certain social distancing measures, and
WHEREAS, since March 16, 2020, the Los Angeles County Department of Public
Health has on multiple occasions amended and modified its Health Officer Order, and,
as of the date of this Order, a Health Officer Order remains in effect, which requires
various measures to reduce the spread of COVID-19; and
WHEREAS, since the Director of Emergency Services issued the Executive
Order on March 13, 2020, the Director of Emergency Services has issued 41 separate
supplements to the Executive Order; and
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WHEREAS, on multiple occasions since the Director of Emergency Services
issued the Executive Order on March 13, 2020, the City Council ratified the
proclamation of local emergency made by the Director of Emergency Services; most
recently, on December 7, 2021, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services, as well as the Fifth Revised
First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth,
Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second
Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth,
Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-
Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh,
Thirty-Eighth, Thirty-Ninth, Fortieth, and Forty-First Supplements thereto; resolved that
the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the supplements being ratified above
shall, except for those portions of earlier supplements that were not extended by the
Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-
Seventh, and Thirty-Ninth Supplements, be operative and remain in effect through
January 31, 2022, or any later date expressly stated within the text of an individual
supplement; and
WHEREAS, on January 27, 2022, the Director of Emergency Services issued a
Forty-Second Supplement to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency, which extended the expiration of prior
supplements that remained in place to this Order through the termination of the County
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Health Officer Order, including any amendments and successors thereto, or June 30,
2022, whichever occurs earlier; and
WHEREAS the findings included in each Executive Order and Supplement to the
Executive Order referenced herein are included herein as if stated in full; and
WHEREAS the Centers for Disease Control and Prevention, the California
Department of Public Health, and the Los Angeles County Department of Public Health
have issued public health recommendations that continue to include public health
precautions in addition to vaccination to protect public health and prevent transmission
of this communicable virus; and
WHEREAS, as stated in the Proclamation of Existence of a Local Emergency
issued by the Director of Emergency Services on March 13, 2020, and ratified by the
City Council on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14,
July 28, September 8, October 27, 2020, and December 15, 2020, and January 26,
March 23, effective May 22, July 13, August 24, 2021, October 12, 2021, and December
7, 2021, the City Council finds that as of March 8, 2022, the above-described events are
creating conditions of extreme peril and such conditions are likely to be beyond the
control of the services, personnel, equipment, and facilities of the City, requiring the
combined forces of other political subdivisions to combat; and
WHEREAS in the interest of public health and safety, as affected by the global,
national, state, and local emergency caused by the spread of COVID-19, it is necessary
to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa
Monica Municipal Code to ratify the actions of the Director of Emergency Services
related to the protection of life and property.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (“Executive Order”) (Exhibit A) is hereby
ratified.
SECTION 2. The Revised Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency (Exhibit B) is hereby ratified.
SECTION 3. The Fifth Revised First Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 4. The Revised Fourth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 5. The Revised Fifth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 6. The Seventh Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 7. The Eighth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
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SECTION 8. The Ninth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 9. The Twelfth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 10.The Thirteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 11. The Fifteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 12. The Sixteenth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 13. The Seventeenth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 14. The Third Revised Eighteenth Supplement to the Executive Order
of the Director of Emergency Services Declaring the Existence of a Local Emergency is
hereby ratified.
SECTION 15. The Nineteenth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 16. The Second Revised Twenty-First Supplement to the Executive
Order of the Director of Emergency Services Declaring the Existence of a Local
Emergency is hereby ratified.
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SECTION 17. The Twenty-Second Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 18. The Twenty-Third Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 19. The Twenty-Fourth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 20. The Twenty-Fifth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 21. The Twenty-Sixth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 22. The Twenty-Seventh Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 23. The Twenty-Eighth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
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SECTION 24. The Twenty-Ninth Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 25. The Thirty-First Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 26. The Thirty-Second Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
SECTION 27. The Thirty-Third Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 28. The Corrected Thirty-Fourth Supplement to the Executive Order of
the Director of Emergency Services Declaring the Existence of a Local Emergency is
hereby ratified.
SECTION 29. The Thirty-Fifth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 30. The Thirty-Sixth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 31. The Thirty-Seventh Supplement to the Executive Order of the
Director of Emergency Services Declaring the Existence of a Local Emergency is hereby
ratified.
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SECTION 32. The Thirty-Eighth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 33. The Thirty-Ninth Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 34. The Fortieth Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 35. The Forty-First Supplement to the Executive Order of the Director of
Emergency Services Declaring the Existence of a Local Emergency is hereby ratified.
SECTION 36.The Forty-Second Supplement to the Executive Order of the Director
of Emergency Services Declaring the Existence of a Local Emergency (Exhibit C) is
hereby ratified.
SECTION 37. It is hereby proclaimed that a local emergency now exists
throughout the City. It is further proclaimed and ordered that during the existence of this
local emergency the powers, functions, and duties of the Director of Emergency Services
and the emergency organization of this City shall be those prescribed by State law and by
the ordinances and resolutions of this City.
SECTION 38. The City Council authorizes the City Manager, in his capacity as the
Director of Emergency Services, to take all actions related to the protection of life and
property that are reasonably necessary to respond to the local emergency caused by the
spread of COVID-19.
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SECTION 39. The local emergency shall be deemed to continue and exist until its
termination is proclaimed by the City Council. As required by law, the City Council shall
review the need to continue the state of emergency every 60 days until this resolution is
terminated.
SECTION 40. The Fifth Revised First, Revised Fourth, Revised Fifth, Seventh,
Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised
Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third,
Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-
Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth,
Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, Forty-First, and Forty-
Second Supplements to the Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency shall, except for those portions of earlier
supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-
Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, and Thirty-Ninth Supplements, shall
remain in effect until to June 30, 2022 or the termination of the County Health Officer
Order, whichever occurs first, or any later date expressly stated within the text of an
individual Supplement, at which time they shall automatically expire unless earlier
extended or expressly superseded by an action of the City Council or by a further
Executive Order of the Director of Emergency Services or Supplement thereto.
SECTION 41. If any section, subsection, sentence, clause, or phrase of this
Resolution, the Executive Order, or any Supplement or Revised Supplement to the
Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not affect the validity of
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the remaining portions of this Resolution, the Executive Order, or any Supplement or
Revised or Corrected Supplement to the Executive Order. The City Council hereby
declares that it would have passed this Resolution, the Executive Order, and any
Supplement or Revised or Corrected Supplement to the Executive Order and each and
every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of this Resolution, the Executive
Order, or any Supplement or Revised or Corrected Supplement to the Executive Order
would be subsequently declared invalid or unconstitutional.
SECTION 42. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
JOSEPH LAWRENCE
Interim City Attorney
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Packet Pg. 372 Attachment: ORD-Res-EmergencyRatification-COVID-3.8.2022 (4988 : Covid Reso and Proclomation)
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
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Packet Pg. 373 Attachment: ExA-20200313.SM.Proclamation - Local Emergency (4988 : Covid Reso and Proclomation)
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
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Packet Pg. 374 Attachment: ExA-20200313.SM.Proclamation - Local Emergency (4988 : Covid Reso and Proclomation)
ATTEST:
___________________
DENISE ANDERSON-WARREN
City Clerk
This proclamation has been issued in accordance with applicable law and is in effect and carries
the force of law until March 20, 2020, on which date it expires unless confirmed and ratified by
the City Council.
APPROVED AS TO FORM:
______________________
LANE DILG
City Attorney
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REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
(by the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE
CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, Section 2.16.060 of the Santa Monica Municipal Code empowers the
Director of Emergency Services to proclaim the existence or threatened existence of a local
emergency when the City of Santa Monica is affected or likely to be affected by a public
calamity and the City Council is not in session, subject to ratification by the City Council within
seven days; and
WHEREAS, the Director of Emergency Services of the City of Santa Monica does
hereby find:
That international, national, state, and local health and governmental authorities are
responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-
CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated
COVID-19, (“COVID-19”); and
That while the complete clinical picture with regard to COVID-19 is not yet fully
understood, reported symptoms and illnesses from COVID-19 range from mild to severe,
including fever, coughing, shortness of breath, and illnesses resulting in death; and
That the Centers for Disease Control and Prevention has stated that certain populations
face elevated risk and widespread transmission of COVID-19 would translate into large numbers
of people needing medical care at the same time and other critical infrastructure may also be
affected; and
That, on January 30, 2020, the International Health Regulations Emergency Committee
of the World Health Organization declared the outbreak a “public health emergency of
international concern”; and
That, on January 31, 2020, the U.S. Department of Health and Human Services declared
a public health emergency to aid the nation’s healthcare community in responding to COVID-19;
and
Rick Cole
City Manager
Office of the City Manager
1685 Main Street
PO Box 2200
Santa Monica, CA 90407-2200
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That, on March 4, 2020, the Los Angeles County Board of Supervisors and Department
of Public Health declared a local emergency and local public health emergency to aid the
regional healthcare and governmental community in responding to COVID-19; and
That, on March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for broader
spread of COVID-19; and
That, on March 11, 2020, the Director-General of the World Health Organization
characterized COVID-19 as a pandemic; and
That, on March 13, 2020, the President of the United States of America declared a
national emergency and that the federal government would make $50 billion in emergency
funding to assist state and local governments in preventing the spread of and addressing the
effects of COVID-19; and
That, as of March 13, 2020, the Los Angeles County Department of Public Health
reported 40 confirmed cases of COVID-19 within Los Angeles County, including six cases
identified as likely due to community transmission; and
That the City of Santa Monica (the “City”) has a population of over 90,000 residents, is a
major tourist destination, has two major hospitals and an airport within its jurisdiction, is a
significant destination for business travel, and is adjacent to and contiguous on three sides with
the City of Los Angeles, resulting in high volumes of residents and visitors traveling within and
across the City’s borders; and
That, on or before March 4, 2020, the City actively planned and implemented measures
to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response
to the spread of COVID-19; and
That, on March 12, 2020, the City activated its Emergency Operations Center to support
ongoing emergency actions in response to the spread of COVID-19; and
That the City intends to continue to take bold and aggressive actions to protect the public
health and safety during this local, state, and national public health emergency; and
That the above described events are creating conditions of extreme peril and such
conditions are likely to be beyond the control of the services, personnel, equipment, and facilities
of the City, requiring the combined forces of other political subdivisions to combat; and
That, on March 13, 2020, in my capacity as Director of Emergency Services, I issued a
proclamation of local emergency to declare the existence of a local emergency; and
That this revised proclamation is issued as an additional precaution and out of an
abundance of caution in accordance with laws related to use of digital signatures; and
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That the City Council of the City of Santa Monica is not in session and cannot
immediately be called into session.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local
emergency and now exists throughout the City;
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said
local emergency, the powers, functions, and duties of the emergency organization of the City
shall be as prescribed by federal and state law, and by City ordinances and resolutions of this
City.
ADOPTED this 14th day of March 2020.
By: _____________________________
RICK COLE
City Manager
Director of Emergency Services
ATTEST:
___________________
DENISE ANDERSON-WARREN
City Clerk
This proclamation has been issued in accordance with applicable law and is in effect and carries
the force of law until March 20, 2020, on which date it expires unless confirmed and ratified by
the City Council.
APPROVED AS TO FORM:
______________________
LANE DILG
City Attorney
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1685 Main Street, Suite 209, Santa Monica, CA 90401 • david.white@santamonica.gov
santamonica.gov • @cityofsantamonica • @santamonicacity
Office of the City Manager
FORTY-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 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective the City’s response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency
to ensure compliance with all digital signature requirements (the “Executive Order”); and WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Officer Order for the Control of COVID-19 (“Health Officer Order”) that imposed various restrictions on gatherings, closure of certain businesses, and certain social
distancing measures, and
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WHEREAS, since March 16, 2020, the Los Angeles County Department of Public Health
has on multiple occasions amended and modified its Health Officer Order, and, as of the date of this Order, a Health Officer Order remains in effect, which requires various measures to reduce the spread of COVID-19; and
WHEREAS, since the Director of Emergency Services issued the Executive Order on
March 13, 2020, the Director of Emergency Services has issued 41 separate supplements to the Executive Order; and WHEREAS, on multiple occasions since the Director of Emergency Services issued the
Executive Order on March 13, 2020, the City Council ratified the proclamation of local
emergency made by the Director of Emergency Services; most recently, on December 7, 2021, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised
Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third,
Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty-Ninth, Fortieth, and Forty-First Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is
proclaimed by the City Council; and resolved that the supplements being ratified above shall,
except for those portions of earlier supplements that were not extended by the Nineteenth, Thirty-First, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, and Thirty-Ninth Supplements, be operative and remain in effect through January 31, 2022, or any later date expressly stated within the text of an individual supplement; and
WHEREAS, on 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 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, which, among other things, for residential tenants restated the existing temporary eviction moratorium and extended the period for which
unpaid rent will be subject to that eviction moratorium; and
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, among other things, required landlords
to report endeavors to evict residential tenants to the Santa Monica City Attorney’s Office; and
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WHEREAS, on December 22, 2020, the Director of Emergency Services issued a Thirty-
First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, among other things, extended the City’s moratorium on evictions of residential tenants for reasons other than nonpayment of rent; and
WHEREAS, on June 24, 2021, the Director of Emergency Services issued a Thirty-
Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, among other things, adopted in part the June 22, 2021 Los Angeles County Resolution Further Amending and Restating the Executive Order for an Eviction Moratorium as it applies to eviction protections for reasons other than nonpayment
of rent, thereby rendering these provisions enforceable by the city; and
WHEREAS, on September 28, 2021, the Fortieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency extended the Thirty-Eighth Supplement of Executive Order of the Director of Emergency Services
Declaring the Existence of a Local Emergency until October 31, 2021, which among other
things adopted in part the June 22, 2021 Los Angeles County Resolution Further Amending and Restating the Executive Order for an Eviction Moratorium as it applies to eviction protections for reasons other than nonpayment of rent, thereby rendering these provisions enforceable by the City; and
WHEREAS, on September 28, 2021, Los Angeles County adopted the COVID-19 Protections Resolution, available at https://file.lacounty.gov/SDSInter/bos/supdocs/162124.pdf, which states that it applies to incorporated cities within the County but does not preclude an incorporated city within the County from imposing greater protections, and which implements
an eviction moratorium for evictions based on specified grounds, including nonpayment of
rent, no-fault termination of tenancy or occupancy, owner move-ins, nuisance or unauthorized occupants or pets, and denial of entry; and WHEREAS, on October 29, 2021, the Director of Emergency Services issued a Forty-
First Supplement to the Executive Order of the Director of Emergency Services Declaring the
Existence of a Local Emergency, which, among other things, extended the following: eviction protections for reasons other than nonpayment of rent by adopting the September 28, 2021 Los Angeles County COVID-19 Tenant Protections Resolution as it applies to residential eviction protections for reasons other than nonpayment of it, subject to Section 3(a) of the Fifth Revised
First Supplement as amended by Section 26 of the Twenty-Eight Supplement (Ellis Act
evictions); Sections 8 (affirmative defenses), Section 9 (non-waivability of rights), Section 10 (private right of action), Section 11 (tenant harassment), Section 20 (prohibition on deception), Section 21-22 (landlord liability for bad faith eviction notice or action), and Section 23 (enforceability) of the Fifth Revised First Supplement as applicable; Section 3 of the Thirty-
First Supplement as amended by the Forty-First Supplement;
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WHEREAS, the County’s September 28, 2021 COVID-19 Protections Resolution, which
the City adopted in part in its Forty-First Supplement, is set to expire on January 31, 2022; and WHEREAS, on January 25, 2022, Los Angeles County adopted a resolution amending and restating the County’s COVID-19 Protections Resolution, which among other things
extended eviction protections for reasons other than nonpayment of rent and imposed eviction
protections for nonpayment of rent; WHEREAS, the City’s ability to effectively enforce COVID-19 tenant protections is critical to protect the public health and safety; and
WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement, to protect the City’s affordable housing stock, to prevent housed individuals from falling into homelessness, and to prevent loss of local businesses; and
WHEREAS, this local emergency includes an economic crisis that could only worsen the existing housing crisis in the City and in Los Angeles County; and WHEREAS, the City 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 COVID-19-related social distancing, quarantine, and home isolation
measures that make searching for new housing infeasible and potentially dangerous to one’s
health and safety; and WHEREAS, the City must track how many evictions and endeavors to evict occur in Santa Monica, along with the nature of these attempts and their outcomes, in order to best
prevent displacement of low- and moderate-income residents and to explore other options to
prevent displacement of low and moderate income tenants, including through the feasibility of a Right to Counsel Ordinance and other measures to protect tenants’ legal rights during the pandemic; and
WHEREAS, in order to protect the health, safety and welfare of the residents of Santa
Monica both during and in the recovery from the COVID-19 emergency, it is necessary to fully understand the nature of the eviction problem and need to provide access to legal services to tenants who are subject to eviction proceedings; and
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WHEREAS, while the County and the City have made significant progress in vaccine
distribution, COVID-19 cases have surged once again, this time due to the Omicron variant, which emerged in late 2021; 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 to temporarily use a parking meter or designated spaces in a public parking lot for curbside pickup in accordance with this Order will enable the
restaurants to operate safely during the pendency of this COVID-19 emergency while the City
experiences a surge in the Omicron variant; and WHEREAS, as of January 25, 2022, the Los Angeles County Department of Public Health has confirmed 2,540,075 cases of COVID-19 in Los Angeles County and has continued
to advise that public health measures remain required 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, David White, 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 Emergency Supplements
1. Subject to the exceptions stated in Section 2 and 4 of this Order; Section 2 of the Nineteenth Supplement issued June 29, 2020; Sections 6 and 7 of the Thirty-First
Supplement issued December 22, 2020; Sections 8 through 11 of the Corrected
Thirty-Fourth Supplement issued March 24, 2021; Sections 2 and 3 of the Thirty-Fifth Supplement issued April 27, 2021; Sections 19 and 20 of the Thirty-Sixth Supplement issued May 18, 2021; and Sections 2, 3, and 4 of the Thirty-Seventh Supplement issued June 24, 2021; and Section 2 of the Thirty-Ninth Supplement
issued July 14, 2021, the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh,
Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised
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Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-
Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty-Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, Fortieth, and Forty-First 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, whichever occurs earlier, the termination of the County Health Officer Order, including any amendments and successors thereto, or June 30, 2022, provided that City Council ratifies the need for continuing the local emergency due to COVID-19 every 60 days. At that time, the foregoing Supplements to the Executive
Order of the Director of Emergency Services Declaring the Existence of a Local
Emergency 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 COVID-19 tenant protection provisions set forth in Sections 8 through 11 and 20
through 23 of the Fifth Revised First Supplement issued on June 17, 2020; Section
3(a) of the Fifth Revised First Supplement as amended by Section 26 of the Twenty-Eighth Supplement issued on November 24, 2020; Sections 1 through 3 of the Thirty-First Supplement issued on December 22, 2020; and Sections 3 through 7 of the Forty-First Supplement issued on October 29, 202 are superseded by Sections 5
through 11 of this Order and for this reason these sections of these supplements are
not extended.
3. Sections 18 through 24 of the Twenty-Eighth Supplement issued November 24, 2020; have been superseded by the City Council’s January 25, 2022 adoption of Emergency Interim Zoning Ordinance No. 2688, An Emergency Interim Zoning Ordinance of the
City Council of the City of Santa Monica Amending Santa Monica Municipal Code
Section 9.37.070 to Extend Permit Timeframes Due to Unavoidable Delays Caused by the COVID-19 Pandemic and to Further Economic Recovery Effort, and Emergency Ordinance No. 2689, An Emergency Ordinance of the City Council of the City of Santa Monica Amending Portions of Article VIII and Chapter 9.56 of the
Santa Monica Municipal Code to Extend Certain Time Frames for Building Permits,
Mandatory Seismic Retrofit Compliance, and Certificates of Appropriateness, and to Extend Processing Time Frames for Applications Under Chapter 9.56 Due to Unavoidable Delays Caused by the COVID-19 Pandemic and to Further Economic Recovery Efforts, and for this reason these sections of these supplements are not
extended.
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4. Section 2 of the Revised Fifth Supplement issued on March 18, 2020 regarding the
suspension of water shutoff for nonpayment of bills is not extended and shall have no force and effect as of the effective date of this Order.
B. Restatement and Amendment of COVID-19 Tenant Protections
5. Eviction Protections
a. Definitions. For purposes of this Order, “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 residential tenant through other means.
b. Withdrawal of All Rental Units on a Parcel of Land from the Rental Market.
If 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. A landlord shall not file an unlawful detainer action
based on the removal of a unit from the rental market pursuant to the Ellis Act
until sixty days after the expiration of this Order.
c. No-Fault Termination of Tenancy or Occupancy. A residential tenant shall not be evicted, and a landlord shall not endeavor to evict a residential tenant, where grounds for terminating the tenancy or occupancy is not based on any
alleged fault by the tenant.
d. Nuisance or Unauthorized Occupants or Pets. A residential tenant shall not be evicted, and a landlord shall not endeavor to evict a residential tenant, for nuisance or for unauthorized occupants or pets whose presence is necessitated by or related to the COVID-19 emergency.
e. Denial of Entry. A residential tenant shall not be evicted, and a landlord shall
not endeavor to evict a residential tenant, on the ground that such residential tenant denied entry by the landlord into the rental unit, subject to the following:
(1) The following circumstances permit entry into the residential tenant’s
unit:
(i) Remedying a condition that substantially endangers or impairs the health or safety of a residential tenant or other persons in, or in the vicinity of, the rental unit, or
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(ii) A residential tenant is causing or threatening to cause
substantial damage to the rental unit.
(2) If a landlord seeks entry pursuant to subsection 5(e) above, the landlord must:
(i) Not permit entry by any person who is, or who the landlord has
good cause to believe is, a carrier of COVID-19.
(ii) Ensure that appropriate social distancing, cleaning, and sanitation measures are taken to protect the residential tenant and members of the household from risk of transmitting COVID-19 as a result of Entry into the rental unit. Such
measures must account for: the residential tenant notifying the
landlord that the residential tenant, or a member of the household, has or believes in good faith to have been recently exposed to COVID-19; or the residential tenant notifying the landlord that the residential tenant, or a member of the
household, is at a higher risk for more serious complications
from COVID-19.
(iii) A landlord who enters the rental unit shall promptly leave the rental unit if the residential tenant revokes permission to enter because of the landlord’s failure to observe appropriate social
distancing, cleaning, and sanitization measures.
(3) For purposes of this subsection only, “landlord” includes, but is not limited to, any person authorized by the landlord to enter the rental unit, such as maintenance personnel, a prospective buyer, or a prospective residential tenant.
f. Notwithstanding subsections 5(a). through 5(e), above, or any other provision
of this Order, this Order shall not apply where the eviction is necessary to maintain compliance with the requirements of Civil Code section 1941.1, Health and Safety Code sections 17920.3 or 17920.10, or any other applicable law or government order concerning the safety or habitability of rental units,
or where the Tenant’s occupancy is otherwise a threat to the public health or
safety as determined by a court of law.
6. Remedies for Violations of Eviction Protections
a. This Order grants residential tenants 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.
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b. A residential tenant injured by a landlord’s violation of Section 5 of this Order
has a private right of action against the landlord, including 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.
7. A landlord who in bad faith serves an eviction notice to a residential tenant without
reasonable grounds, or in bad faith brings an eviction action against a residential
tenant without reasonable grounds that terminates in the residential tenant’s favor, shall be liable under this Order and shall also 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.
8. Reporting Requirements
a. Landlords shall email the Santa Monica City Attorney’s Office, at EMReports@santamonica.gov, unredacted copies of any notices of any
endeavors to evict (pandemic-related or not), including a termination notice
(for example, the 15-day Notice required by the COVID-19 Tenant Relief Act of 2020) or a Summons and Complaint for Unlawful Detainer, within two (2) days of serving such notice or summons and complaint on a tenant.
b. Landlords shall email the Santa Monica City Attorney’s Office, at
EMReports@santamonica.gov, the following information within three (3)
days of its availability to landlord: (1) whether the residential tenant obtained a fee waiver; (2) whether the residential tenant has legal representation; (3) whether the landlord has legal representation; and (4) outcome of the endeavor to evict. Violations of this section
c. Violations of Section 8 of this Order do not result in an affirmative defense for
the tenant in an unlawful detainer action.
9. A landlord may not deceive a residential 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.
10. 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.
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11. Sections 5 through 10 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 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.
C. Temporary Curbside Pickup Zones for Restaurants
12. As used in Sections 12 through 16 of this Order, the following terms have the following meanings:
a. “Restaurant” means a restaurant, full-service, as that term is defined by Santa
Monica Municipal Code Section 9.51.030(B)(8)(b), or restaurant, limited-
service and take-out, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c).
b. “Curbside pickup sign” is a sign prepared by Director of the Community Development Department or designee that, when (1) posted by the restaurant
on a single parking meter adjacent to or near the restaurant, authorizes the
customers of the restaurant to park, for free, for no longer than 10 minutes at a time during business hours; (2) posted by the City on spaces in a public parking lot designated by the Director of the Community Development Department or designee, authorizes customers of a restaurant to park, for free,
for up to 30 minutes during the hours stated on the sign; or (3) if a parking
meter is not adjacent to the restaurant, posted by the restaurant for a single space of on-street parking that is adjacent to or near the restaurant in compliance with Section 13 of this Order, authorizes the customers of the restaurant to park for no longer than 10 minutes at a time during business
hours.
c. “Parking meter” shall have the same meaning as that term is defined in Santa Monica Municipal Section 3.16.020.
d. “Public parking lot” shall have the same meaning as that term is defined by Santa Monica Municipal Section 3.04.010,
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13. A restaurant 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.
14. A restaurant shall not post a curbside pickup sign on an ADA accessible space, in a
red or a loading zone, or on more than one parking meters or on-street parking
spaces at any one time.
15. The Director of the Transportation Department or designee may promulgate regulations to implement Sections 12 through 17 of this Order. Such regulations may include, among other things, authorization for restaurants to share a curbside
pickup sign posted by another restaurant so that customers visiting either restaurant
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. Any person posting a curbside pickup sign shall comply with such regulations.
16. 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.
17. The temporary curbside pickup program set forth in Sections 12 through 16 shall be in effect until February 28, 2022. If COVID-19 conditions in the City are such that it is in the interest of public health and safety to thereafter resume this temporary
curbside pickup program during the pendency of this Order, the Director of
Transportation Department or designee is authorized to resume the temporary curbside pickup program for a set term (i.e., from March 1 to March 31, 2022), so long as the City publishes notice and issues a press release on of the resumption of the program, including the dates when the resumed program will be in place.
D. General Provisions
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, this Order shall remain in effect through, whichever occurs earlier, the termination of the County Health Officer Order,
including any amendments and successors thereto, or June 30, 2022, provided that
City Council ratifies the need for continuing the local emergency due to COVID-19 every 60 days.
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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 City Manager hereby declares that he would have issued this Order, the Executive Order, and any Supplement or Revised or Corrected Supplement to
the Executive Order, and each and every section, subsection, sentence, clause, or
phrase of this Order, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order not declared invalid or unconstitutional, without regard to whether any portion of this Order, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive
Order would be subsequently declared invalid or unconstitutional.
ADOPTED this 27th day of January 2022.
By:
DAVID WHITE
City Manager Director of Emergency Services
ATTEST: APPROVED AS TO FORM:
DENISE ANDERSON-WARREN City Clerk JOSEPH LAWRENCE Interim City Attorney
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