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SR 01-10-2023 5D City Council Report City Council Meeting: January 10, 2023 Agenda Item: 5.D 1 of 4 To: Mayor and City Council From: Douglas Sloan, 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, the City Manager issued an Executive Order declaring 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 the proclamation on April 6, 2020, April 14, 2020, May 12, 2020, May 26, 2020, June 9, 2020, June 23, 2020, July 14, 2020, July 28, 2020, September 8, 2020, October 27, 2020, December 15, 2020, January 26, 2021, March 23, 2021 effective May 22, 2021, July 13, 2021, August 24, 2021, October 26, 2021, December 7, 2021, March 8, 2022, May 24, 2022, July 12, 2022, and September 13, 2022. As the City’s Director of Emergency Services, the City Manager has issued a total of 44 Supplements to the Executive Order, with specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses, and visitors. The most recent Supplement, issued on November 21, 2022, has extended the Order through February 28, 2023 in line with the State of California. 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 5.D Packet Pg. 190 2 of 4 governmental authorities must renew a local emergency for the duration of this statewide emergency. Nonetheless, it remains a best practice for the City Council 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 November 21, 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. 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. 5.D Packet Pg. 191 3 of 4 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 44 separate supplements to the Executive Order of March 13, 2020. On September 13, 2022, 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, Forty-First, Forty-Second, and Forty-Third Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not 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 December 31, 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. On November 21, 2022, the Director of Emergency Services issued a 44th Supplement, extending the declaration of local emergency through February 28, 2023 in line with the State of California. (Exhibit C) 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. Staff now request that Council adopt the attached resolution ratifying, as of January 10, 2023, the Executive Order, and the Fifth 5.D Packet Pg. 192 4 of 4 Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty- Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty- Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, Fortieth, Forty-First, Forty-Second, Forty-Third, and Forty-Fourth 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. Environmental Review This is not a project pursuant to CEQA. Fiscal Impacts None. Prepared By: Michelle Hugard, Deputy City Attorney Approved Forwarded to Council Attachments: A. Covid EO Resolution B. Ex A-Proclamation-Local Emergency-COVID 03.13.2020 C. Ex B-Proclamation-Local Emergency-COVID 03.14.2020 D. Ex C-44_COVID Emergency Orders Forty Fourth Supplement 5.D Packet Pg. 193 1 City Council Meeting: January 10, 2023 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 actions 5.D.a Packet Pg. 194 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 2 already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and WHEREAS, on, before, and after March 4, 2020, the City actively planned and implemented measures to prevent the spread of COVID-19 and to prepare for any and all emergency actions in response to the spread of COVID-19; and WHEREAS, on March 12, 2020, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) proclaimed the existence of a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and effectuate 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 5.D.a Packet Pg. 195 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 3 WHEREAS, since March 16, 2020, the Los Angeles County Department of Public Health has on multiple occasions amended and modified its Health Officer Order, and, as of the date of this Order, a Health Officer Order remains in effect, which requires various measures to reduce the spread of COVID-19; and WHEREAS, since the Director of Emergency Services issued the Executive Order on March 13, 2020, the Director of Emergency Services has issued 44 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 September 13, 2022, the City Council ratified the proclamation of local emergency made by the Director of Emergency Services, as well as the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty- Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty- Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Eighth, Thirty- Ninth, Fortieth, Forty-First, Forty-Second, and Forty-Third Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and resolved that the supplements being ratified above shall, except for those portions of earlier supplements that were not 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 5.D.a Packet Pg. 196 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 4 through December 31, 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; and WHERAS, on November 21, 2022, the Director of Emergency Services issued a 44th Supplement, extending the declaration of local emergency through February 28, 2023 in line with the State of California, 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, the City Council finds that as of January 10, 2023, and continuing past that date, the above-described events are creating conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat; and WHEREAS in the interest of public health and safety, as affected by the global, national, state, and local emergency caused by the spread of COVID-19, it is necessary to exercise the City Council’s authority pursuant to Section 2.16.060 of the Santa Monica 5.D.a Packet Pg. 197 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 5 Municipal Code to ratify the actions of the Director of Emergency Services related to the protection of life and property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Executive Order”) (Exhibit A) is hereby ratified. SECTION 2. The Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (Exhibit B) is hereby ratified. SECTION 3. The Fifth Revised First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 4. The Revised Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 5. The Revised Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 6. The Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. 5.D.a Packet Pg. 198 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 6 SECTION 7. The Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 8. The Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 9. The Twelfth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 10. The Thirteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 11. The Fifteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 12. The Sixteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 13. The Seventeenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. 5.D.a Packet Pg. 199 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 7 SECTION 14. The Third Revised Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 15. The Nineteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 16. The Second Revised Twenty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 17. The Twenty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 18. The Twenty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 19. The Twenty-Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 20. The Twenty-Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. 5.D.a Packet Pg. 200 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 8 SECTION 21. The Twenty-Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 22. The Twenty-Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 23. The Twenty-Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 24. The Twenty-Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 25. The Thirty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 26. The Thirty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 27. The Thirty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. 5.D.a Packet Pg. 201 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 9 SECTION 28. The Corrected Thirty-Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 29. The Thirty-Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 30. The Thirty-Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 31. The Thirty-Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 32. The Thirty-Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 33. The Fortieth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 34. The Forty-First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 35. The Forty-Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. 5.D.a Packet Pg. 202 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 10 SECTION 36. The Forty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency is hereby ratified. SECTION 37. The Forty-Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (Exhibit C) is hereby ratified. SECTION 38. It is hereby proclaimed that a local emergency now exists, and as of January 10, 2023 existed, throughout the City. It is further proclaimed and ordered that during the existence of this local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City. SECTION 39. The City Council authorizes the City Manager, in his capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency caused by the spread of COVID-19. SECTION 40. The local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council. SECTION 41. 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, 5.D.a Packet Pg. 203 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 11 Thirty-Fifth, Thirty-Sixth, Thirty-Seventh, Thirty-Ninth, Fortieth, Forty-First, Forty- Second, Forty-Third, and Forty-Fourth 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, shall remain in effect until February 28, 2023 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 42. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, or any Supplement or Revised Supplement to the Executive Order ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, and any Supplement or Revised or Corrected Supplement to the Executive Order and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution, the Executive Order, or any Supplement or Revised or Corrected Supplement to the Executive Order would be subsequently declared invalid or unconstitutional. // 5.D.a Packet Pg. 204 Attachment: Covid EO Resolution (5478 : Covid Proclamation) 12 SECTION 43. 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: _________________________ Douglas Sloan, City Attorney 5.D.a Packet Pg. 205 Attachment: Covid EO Resolution (5478 : Covid 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 5.D.b Packet Pg. 206 Attachment: Ex A-Proclamation-Local Emergency-COVID 03.13.2020 (5478 : Covid Proclamation) 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 5.D.b Packet Pg. 207 Attachment: Ex A-Proclamation-Local Emergency-COVID 03.13.2020 (5478 : Covid Proclamation) 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 5.D.b Packet Pg. 208 Attachment: Ex A-Proclamation-Local Emergency-COVID 03.13.2020 (5478 : Covid Proclamation) 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 5.D.c Packet Pg. 209 Attachment: Ex B-Proclamation-Local Emergency-COVID 03.14.2020 (5478 : Covid Proclamation) 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 5.D.c Packet Pg. 210 Attachment: Ex B-Proclamation-Local Emergency-COVID 03.14.2020 (5478 : Covid Proclamation) 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 5.D.c Packet Pg. 211 Attachment: Ex B-Proclamation-Local Emergency-COVID 03.14.2020 (5478 : Covid Proclamation) 1 Office of the City Manager FORTY-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, (“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 to effectuate 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 43 separate supplements to the Executive Order; and DocuSign Envelope ID: BEDC3734-C3DC-431C-A805-FBC00B570FE8 5.D.d Packet Pg. 212 Attachment: Ex C-44_COVID Emergency Orders Forty Fourth Supplement (5478 : Covid Proclamation) 2 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, 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-Ninth, Fortieth, Forty-First, Forty-Second, and Forty-Third Supplements thereto; resolved that the local emergency shall be deemed to continue and exist until its termination is proclaimed by the City Council; and now resolves that the supplements being ratified shall, except for those portions of earlier supplements that were not extended, be operative and remain in effect through February 28, 2023; and WHEREAS, Los Angeles County adopted the Resolution Further Amending and Restating the County of Los Angeles COVID-19 Tenant Protections, which applies to incorporated cities within the County but does not preclude an incorporated city within the County from imposing greater protections; and which, among other things, implements an eviction moratorium that, by its terms, extends protections against evictions based on specified grounds through December 31, 2022; and WHEREAS, on June 29, 2022, the Director of Emergency Services issued a Forty-Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency, which, among other things, amended and restated COVID-19 tenant protections previously set forth in the Forty-Second Supplement, including protections for evictions based on no-fault reasons, nuisance, or unauthorized occupants or pets; remedies for violations of eviction protections; protections related to tenant harassment; eviction reporting requirements for landlords; and a prohibition on deception by landlords in connection with these rights and obligations; and WHEREAS, on September 13, 2022, the City Council approved and adopted an ordinance codifying, in substantially similar form, the landlord reporting requirement for endeavors to evict initially set forth in the Forty-Second Supplement and extended by the Forty-Third Supplement; and WHEREAS, having codified the reporting requirement for endeavors to evict, the requirements will remain in effect, and do not need to be extended by executive order; and WHEREAS, for the reasons stated in the recitals to the Forty-Second and Forty-Third Supplements, which are incorporated by reference as though fully set forth herein, the City’s ability to effectively enforce the other stated COVID-19 tenant protections occurring in Santa Monica nonetheless continues to be critical to protect the public health and safety during this local emergency; and WHEREAS, the City has an important governmental interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and DocuSign Envelope ID: BEDC3734-C3DC-431C-A805-FBC00B570FE8 5.D.d Packet Pg. 213 Attachment: Ex C-44_COVID Emergency Orders Forty Fourth Supplement (5478 : Covid Proclamation) 3 WHEREAS, as of November 8, 2022, the Los Angeles County Department of Public Health has confirmed 3,497,583 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 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; Sections 2, 3, and 4 of the Thirty-Seventh Supplement issued June 24, 2021; Section 2 of the Thirty-Ninth Supplement issued July 14, 2021; Sections 2 and 4 of the Forty-Second Supplement issued on January 27, 2022; and Section 2 of the Forty-Third Supplement issued June 29, 2022, the Fifth Revised First, Revised Fourth, Revised Fifth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fifteenth, Sixteenth, Seventeenth, Third Revised Eighteenth, Nineteenth, Second Revised Twenty-First, Twenty-Second, Twenty-Third, Twenty-Fourth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirty-First, Thirty- Second, Thirty-Third, Corrected Thirty-Fourth, Thirty-Fifth, Thirty-Sixth, Thirty- Seventh, Thirty-Ninth, Fortieth, Forty-First, Forty-Second, and Forty-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, whichever occurs earlier, the termination of the County Health Officer Order, including any amendments and successors thereto, or February 28, 2023. 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. DocuSign Envelope ID: BEDC3734-C3DC-431C-A805-FBC00B570FE8 5.D.d Packet Pg. 214 Attachment: Ex C-44_COVID Emergency Orders Forty Fourth Supplement (5478 : Covid Proclamation) 4 2. The reporting requirements for endeavors to evict set forth in Section 8 of the Forty-Second Supplement have now been codified in substantially similar form as Santa Monica Municipal Code Section 4.27.060 and is not extended as of the effective date of the Order. B. General Provisions 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, this Order shall remain in effect until, whichever occurs earlier, the termination of the County Health Officer Order, including any amendments and successors thereto, or February 28, 2023. 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 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 _____th day of November 2022. By: DAVID WHITE City Manager Director of Emergency Services ATTEST: APPROVED AS TO FORM: DENISE ANDERSON-WARREN DOUGLAS SLOAN City Clerk City Attorney DocuSign Envelope ID: BEDC3734-C3DC-431C-A805-FBC00B570FE8 21 5.D.d Packet Pg. 215 Attachment: Ex C-44_COVID Emergency Orders Forty Fourth Supplement (5478 : Covid Proclamation)