Attachment B
4.C.b
Packet Pg. 548 Attachment: Attachment B - City of Santa Monica Report on Internal Control [Revision 1] (7458 : Annual Comprehensive Financial Report To the Honorable Members of the City Council
City of Santa Monica, California
Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Irvine, California
March 3, 2026
4.C.b
Packet Pg. 549 Attachment: Attachment B - City of Santa Monica Report on Internal Control [Revision 1] (7458 : Annual Comprehensive Financial Report LSLCPAS.COM
March 3, 2026
To the Honorable Mayor and Members of the City Council
City of Santa Monica, California
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Santa Monica, California (hereafter, the City) for the year ended June 30, 2025. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards, and the generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated April 21, 2025. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. As described in Note 1 to the financial statements, the City changed accounting policies related to compensated absences by adopting Statement of Governmental Accounting Standards (GASB Statement) No. 101, Compensated Absences, in fiscal year 2025.
Accordingly, the cumulative effect of the accounting change as of the beginning of the year is reported in the Statement of Activities. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events.
Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were:
Management’s estimates of the net pension liability, net other post-employment benefits liability, and claims and judgments liability are based on actuarial valuations. We evaluated the methods, assumptions, and data used to develop the net pension liability, net other post-employment benefits liability, and claims and judgments liability in determining that they are reasonable in relation to the financial statements taken as a whole.
The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Attachment C
4.C.c
Packet Pg. 550 Attachment: Attachment C - City of Santa Monica Audit Communication Letter [Revision 1] (7458 : Annual Comprehensive Financial Report To the Honorable Mayor and Members of the City Council
City of Santa Monica, California
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. We are pleased to report that no misstatements were identified during the course of our audit.
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors’ report. We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the management representation letter dated March 3, 2026.
Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
Other Matters
We applied certain limited procedures to management’s discussion and analysis, the budgetary comparison schedules for the General Fund and major special revenue funds, and the required pension and other postemployment benefits schedules, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
We were engaged to report on the combining and individual fund statements and schedules which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.
4.C.c
Packet Pg. 551 Attachment: Attachment C - City of Santa Monica Audit Communication Letter [Revision 1] (7458 : Annual Comprehensive Financial Report To the Honorable Mayor and Members of the City Council
City of Santa Monica, California
We were not engaged to report on the introductory and statistical sections of the Annual Comprehensive Financial Report, which accompany the financial statements but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it.
Future GASB Pronouncements
The following Government Accounting Standards Board (GASB) pronouncements will be effective for the following fiscal years’ audits and should be reviewed for proper implementation by management:
Fiscal Year 2025-2026
GASB Statement No. 103, Financial Reporting Model Improvements.
GASB Statement No. 104, Disclosure of Certain Capital Assets.
Future Projects
Comprehensive Project, Revenue and Expense Recognition.
Major Project, Going Concern Uncertainties and Severe Financial Stress.
Major Project, Infrastructure Assets.
Practice Issue, Subsequent Events.
Restriction on Use
This information is intended solely for the information and use of the City Council and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties.
Very truly yours,
Irvine, California
4.C.c
Packet Pg. 552 Attachment: Attachment C - City of Santa Monica Audit Communication Letter [Revision 1] (7458 : Annual Comprehensive Financial Report City Council
Report
City Council Meeting: March 24, 2026
Agenda Item: 4.D
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Fleet Services Subject: Award RFB #4503 and Authorize the City Manager to enter into an Agreement with Westway Auto Body and Paint Shop, Inc., for Vehicle Body Work, Repair, Paint, and New Vehicle Upfitting Services Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (common sense exemption) of the California Environmental Quality Act (CEQA) Guidelines;
2. Award Bid# 4503 to Westway Auto Body and Paint Shop, Inc. (Westway) for vehicle body work, repair, paint and new vehicle upfitting for the Public Works Department; and
3. Authorize the City Manager to negotiate and execute an agreement with Westway, in an amount not to exceed $2,820,077 (including a $256,371 contingency) over a five-year period, with future year funding contingent on Council budget approval.
Summary
The City of Santa Monica (City) Fleet Management Division (Fleet) is responsible for maintaining the City’s fleet of more than 770 vehicles, which includes police cruisers, passenger vehicles for the Fire Department, refuse trucks, and various light-and heavyduty vehicles used across multiple departments. Fleet ensures these vehicles remain available, reliable, and safe for operation through comprehensive preventive maintenance, timely repairs, and compliance with regulatory standards. Since 2020, Fleet has partnered with specialized vendors to assist in providing these essential services, including vehicle body repair, paint services, and new-vehicle upfitting. To continue delivering these critical services, staff recommends awarding Bid #4503 to
4.D
Packet Pg. 553
2 of 4
Westway in order to execute an agreement in an amount not-to-exceed $2,820,077 over a five-year term.
Discussion
As the City’s fleet continues to expand, the demand for comprehensive vehicle services will also increase. This growth will drive a greater need for body work, mechanical repairs, paint restoration, and specialized upfitting for new vehicles to ensure operational readiness and compliance with departmental requirements.
Fleet anticipates higher-than-average costs in the coming years due to the increases in the replacement of the older fleet with new vehicles requiring immediate upfitting.
Upfitting includes the installation of lights, tailgates, and other aftermarket equipment necessary to meet operational and safety requirements. Due to the substantial number of new vehicles delivered in 2025, staff anticipates a significant increase in expenditures, with elevated delivery levels expected to continue over the next five years. Deliveries are still ongoing, and approximately 115 additional units will require upfitting during that period.
Vendor Selection
Bidder Recommendation
Best Bidder Westway Auto Body and Paint Shop, Inc. (Westway) Evaluation Criteria Price; experience
Municipal Code SMMC 2.24.180
Submittals Received
Westway $1,439 A&A Fleet Painting, Inc. $1,705
Fleet Collision Center, Inc. $3,150
4.D
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Bid Data
Date
Posted
Posted On Advertise In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
10/13/202
5 City's Online
Bidding Site
Santa Monica Daily Press 16 11/12/2025
Best Bidder Justification
Westway is the lowest-cost bidder, and they demonstrated the experience necessary to meet the City’s operational needs. The evaluation committee contacted references for all bidders and evaluated their documentation to support the assessments. The evaluation committee’s review confirmed that Westway will meet the City’s standards for quality and responsiveness.
Environmental Review
The modification to the agreement for Fleet Management services is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The contract with Westway would continue to provide vehicle body work, repair, paint, and new vehicle upfitting services. Therefore, it can be seen with certainty that the contract would not result in adverse physical impacts on the environment, and as such, is exempt from CEQA.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Vehicle Management Fund to award a contract with Westway Auto Body and Paint Shop, Inc. to provide vehicle body work, repair, paint, and new vehicle upfitting services for Public Works.
Contract Request
4.D
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4 of 4
FY 2025-26
Request Amount
Future Years Department Account # Total Contract
Amount
$564,015 $2,256,062 70500001.529001 $2,820,077
Future year funding is contingent on Council budget approval.
Prepared By: Ernest Kwong, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. Westway_OAKS_7.23.25
B. Westway_LevineAct_7.23.25
4.D
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4.D.b
Packet Pg. 563 Attachment: Westway_LevineAct_7.23.25 [Revision 1] (7517 : Westway Auto Body Contract) City Council
Report
City Council Meeting: March 24, 2026
Agenda Item: 4.E
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Approval of the Seventh Modification to the Agreement with Hathaway Dinwiddie Construction Company for Additional Design and Construction Services for the City Yards Modernization Project
Recommended Action
Staff recommends that City Council:
1. Adopt a finding that the Microgrid and Water Resources Tenant improvements were analyzed as part of the City Yards Master Plan Environmental Impact Report (EIR) and Addendum, and no further review is required pursuant to the California Environmental Quality Act (CEQA); and
2. Authorize the City Manager to negotiate and execute a seventh modification to Design-Build Contract #10371 (CCS) in the amount of $2,070,157 with Hathaway Dinwiddie Construction Company for additional design and construction services of the Microgrid and Water Resources Tenant Improvements as part of the City Yards Modernization Project for the Public Works Department. This would result in a new total amount not to exceed $100,743,196, with future funding contingent on Council budget approval.
Summary
The City of Santa Monica’s City Yards Modernization Project was initiated to address population growth, technological advancements, and evolving operational needs, aiming to enhance city services through improved efficiency, safety, and sustainability.
Approaching completion of the project’s final phases—including a microgrid and Water Resources tenant improvements —staff recommends executing a seventh modification in the amount of $2,070,157 with Hathaway Dinwiddie Construction Company (HDCC) for a new total amount not to exceed $100,743,196, to accommodate expansion of the microgrid, further-defined scope of the Water Resources tenant improvements, and site improvements.
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Discussion
Located at 2500 Michigan Avenue, the 14.7-acre Santa Monica City Yards operates seven days a week and houses the City’s Facilities Maintenance Division, Resource Recovery and Recycling Division, Street Services, Fleet Maintenance Division, Traffic Operations, Water Resources Division, and the Fire Department Training Facility.
The approved City Yards Master Plan included both a microgrid and Water Resources tenant improvements. Due to the COVID-19 pandemic, there was a $39,925,845 reduction in funding for the City Yards Modernization Project which was one of the largest enacted by Council during the covid pandemic. Project scope reductions were enacted until alternate funding could be identified.
The microgrid, including a photovoltaic array and battery backup storage, would provide efficient, reliable, and cost-effective energy that has a low environmental and carbon impact and the ability to store energy on site. The approved sixth modification included $10 million of grant funding from the California Arts Council for the project. The original design connected new buildings at the City Yards to the microgrid. In September 2024, the City identified additional funding through the Self-Generation Incentive Program (SGIP) in the amount of $1,365,100 and will be reimbursed within sixty days after SGIP confirms project completion. The additional funding supports connecting existing meters throughout City Yards to the microgrid as well, allowing the City to continue critical operations in case of a major power outage. The development of the microgrid required close coordination with Southern California Edison’s (SCE) infrastructure. Additional coordination with SCE was required to accommodate the installation of switchgear and transformers at the City Yards.
The tenant improvement project, including the relocation and construction of a new bulk material storage area, decant area, laydown areas, and equipment storage shed, would support operations in the Water Resources Division and relocate the storage areas away from the homes on the east side of the City Yards. The Fiscal Year 2022-2023 Midyear Budget, approved by Council on April 11, 2023, included $1.5 million of Water
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and Wastewater funding for the Water Resources Tenant Improvements (Attachment G). As the design of the budgeted tenant improvements was developed, structural, fire protection, and utility connection requirements were further defined and an additional $692,177 of available Wastewater funds have been identified to complete the project.
The site improvements completed for these projects, including paving, electrical infrastructure expansion, parking lot restriping, and other miscellaneous work would also support adjacent and future projects such as the fire academy at the Santa Monica Fire Training Facility and the relocation of the Public Landscape Division which is required for the Memorial Park Expansion project. Therefore, staff recommends approving a seventh modification to the design-build contract in the amount of $2,070,157 with HDCC for a new total amount not to exceed $100,743,196.
Environmental Review
This project has previously been analyzed through certification of the City Yards Modernization Project EIR (State Clearinghouse No. 2017111053) that was certified on January 16, 2019, with an Addendum approved in May 2022. This project is one component of the City Yards Modernization Project that was described and analyzed in the City Yards Modernization Project EIR. Therefore, no further environmental documentation is required.
Past Council Actions
Meeting Date Description
10/25/2016
(Attachment A)
Award Design Contract for the City Yards Modernization
Project
6/11/2019
(Attachment B)
First Modification to Guaranteed Maximum Price Contract with Hathaway Dinwiddie Construction Company and Award
RFP to Twining Consulting for Deputy and Material Testing Inspection Services for City Yards Modernization Project
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12/10/2019
(Attachment C)
Authorization of Second Modification to Guaranteed
Maximum Price Contract with Hathaway Dinwiddie
Construction Company for the City Yards Modernization
Project
4/27/2021
(Attachment D)
Approval of Third Modification to Design-Build Contract with Hathaway Dinwiddie Construction Company for the City
Yards Modernization Project
10/17/2021
(Attachment E)
Approval of Fourth Modification to Design-Build Contract #10371 (CCS) with Hathaway Dinwiddie Construction
Company for City Yards Modernization Project
6/14/2022
(Attachment F)
Approval of City Yards EIR Addendum, Hathaway Dinwiddie Change Order, and SCD License Agreement and Contract
Modification
4/11/2023
(Attachment G)
Fiscal Year 2022-23 Midyear Budget
07/18/2023
(Attachment H)
Approval of Sixth Modification to the Construction Contract with Hathaway Dinwiddie for the City Yards Modernization Project
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various City Funds to increase the amount of the Guaranteed Maximum Price (GMP) agreement #10371 (CCS) with HDCC for additional design and construction services for the City Yards Modernization Project.
Contract Modification Request
Funding
Source
Current
Authorized
Amount
FY 2025-26
Request
Amount
Dept/CIP Account #
Total Revised
Contract
Amount
General $19,148,100 $170,359 C0105410.689720 $19,318,459 Miscellaneous
Grants
$10,000,000 $0 C2008760.689000 $10,000,000
Resource
Recovery and
Recycling
$1,750,000 $410,492 C5408070.689000 $2,160,492
Wastewater $350,000 $692,177 C5108790.689000 $1,042,177 Vehicle
Management
$0 $172,508 C7008250.689000 $172,508
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General $0 $186,751 C0104530.689720 $186,751
General $0 $19,853 01190002.529140 $19,853
General $200,000 $418,017 C0104580.689000 $618,017
Water $1,050,000 $0 C5008790.689000 $1,050,000
General $48,426,082 $0 C0105410.689000 $48,426,082
Water $7,406,100 $0 C5005410.689000 $7,406,100
Wastewater $1,084,600 $0 C5105410.689000 $1,084,600
Risk
Management
Administration
$60,300 $0 C7505410.689000 $60,300
Vehicle
Management
$1,500,000 $0 C7007720.689000 $1,500,000
Wastewater $650,000 $0 C5104870.689000 $650,000
Miscellaneous
Grants
$372,857 $0 C2006830.689000 $372,857
General $6,350,000 $0 C0107500.689000 $6,350,000
General $325,000 $0 01500020.52914C $325,000
Total $98,673,039 $2,070,157 $100,743,196
Future year funding is contingent on Council budget approval.
Prepared By: Jared Schultz, CIP Project Manager
Approved Forwarded to Council
Attachments:
A. October 25, 2016 Staff Report (web link)
B. June 11, 2019 Staff Report (web link)
C. December 10, 2019 Staff Report (web link)
D. April 27, 2021 Staff Report (web link)
E. October 12, 2021 Staff Report (web link)
F. June 14, 2022 Staff Report (web link)
G. April 11, 2023 Staff Report (web link)
H. July 18, 2023 Staff Report (web link)
I. 2026-02-25_Levine Act Disclosure
J. 2026-02-25_Oaks Initiative Disclosure
K. Hathaway Contract
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L. Change Order 5
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City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.
Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions. ✔
Docusign Envelope ID: 29EC68E8-E35B-4D2D-A2D9-2E2C1F1607EE
4.E.i
Packet Pg. 570 Attachment: 2026-02-25_Levine Act Disclosure (7558 : Seventh Modification to GMP with HDCC) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request. 2/25/2026
Stephen E. Smith Executive Vice President
Hathaway Dinwiddie Construction Company
Docusign Envelope ID: 29EC68E8-E35B-4D2D-A2D9-2E2C1F1607EE
4.E.i
Packet Pg. 571 Attachment: 2026-02-25_Levine Act Disclosure (7558 : Seventh Modification to GMP with HDCC)
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
Docusign Envelope ID: 29EC68E8-E35B-4D2D-A2D9-2E2C1F1607EE
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Packet Pg. 572 Attachment: 2026-02-25_Oaks Initiative Disclosure (7558 : Seventh Modification to GMP with HDCC)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________ FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________ Stephen E. Smith Executive Vice President
2/25/2026
[email protected] 213-236-0500
Hathaway Dinwiddie Construction Company
See attached
Paul Gregory Cosko, Dave A. Lee
Docusign Envelope ID: 29EC68E8-E35B-4D2D-A2D9-2E2C1F1607EE
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Packet Pg. 573 Attachment: 2026-02-25_Oaks Initiative Disclosure (7558 : Seventh Modification to GMP with HDCC) OFF&DIR Current 2026 January 31
OFFICERS AND DIRECTORS
HATHAWAY DINWIDDIE CONSTRUCTION COMPANY:
Officers: Directors:
Executive Chairman Paul Gregory Cosko Paul Gregory Cosko President & CEO Kevin J. O’Riordan Kevin O’Riordan
Senior Vice President, Secretary David A. Lee David A. Lee Senior Vice President & COO John V. Cowles, IV John V. Cowles, IV Chief Financial Officer/VP Corrina Chin Garrett W. O’Reilly Executive Vice President Sara Carmody Sara Carmody
Executive Vice President Edward D. Conlon Edward D. Conlon Executive Vice President Stephen E. Smith Stephen E. Smith Executive Vice President Arthur R. Kozinski Arthur R. Kozinski Senior Vice President Rashmi M. Mehta Rashmi M. Mehta
Senior Vice President Garrett W. O’Reilly Richard K. Cridland Senior Vice President Richard K. Cridland
Senior Vice President Darin J. Peters
Vice President Tara Delaney
Vice President Gregory S. Fujita
Vice President Kimberly D. Grant-Rollert
Vice President Thomas A. Raffety
Vice President Jose A. Iniguez
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Packet Pg. 574 Attachment: 2026-02-25_Oaks Initiative Disclosure (7558 : Seventh Modification to GMP with HDCC)
4.E.k
Packet Pg. 575 Attachment: Hathaway Contract (7558 : Seventh Modification to GMP with HDCC)
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Packet Pg. 576 Attachment: Hathaway Contract (7558 : Seventh Modification to GMP with HDCC)
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Packet Pg. 577 Attachment: Hathaway Contract (7558 : Seventh Modification to GMP with HDCC)
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Packet Pg. 578 Attachment: Hathaway Contract (7558 : Seventh Modification to GMP with HDCC)
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Packet Pg. 579 Attachment: Hathaway Contract (7558 : Seventh Modification to GMP with HDCC)
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Packet Pg. 580 Attachment: Hathaway Contract (7558 : Seventh Modification to GMP with HDCC)
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Packet Pg. 581 Attachment: Hathaway Contract (7558 : Seventh Modification to GMP with HDCC)
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Packet Pg. 582 Attachment: Hathaway Contract (7558 : Seventh Modification to GMP with HDCC) Request Date:
Contract Information
10371 (CCS) 5
Hathaway Dinwidddie Construction Co.
City Yards Modernization - Package A SP 2396
PROPOSED CHANGES: See Exhibit A for details.
Project Manager: Sebastian Felbeck Division: Architecture Services City of Santa Monica 7/24/24
CHANGE ORDER
Contract # Change Order (CO) # Council Approval Date: 7/18/23 Contractor: Contractor's Vendor # 360339
Project: Project #
CHANGE ORDER AMOUNT $
I. CONTRACT SUMMARY
A. Original contract amount: $
B. Previous Change Orders $
C. This Change Order $
D. New contract amount $
II. OFFSITE WORK SUMMARY
(Total cumulative dollar amount of all offsite work may not exceed $100,000) A. Amount of this CO that is for offsite work: $
B. Total cumulative amount of all offsite work after this CO: $ III. SCHEDULE SUMMARY
A. Original contract start date
B. Original completion date
C. Duration of original contract (calendar days)
D. Previously adjusted completion date
E. Number of days the contract will be extended by this CO:
F. The date of Substantial Completion as of this CO:
IV. ACCOUNT ALLOCATIONS
Account Number: $
Account Number: $
Account Number: $
Account Number: $
Account Number: $
Account Number: $
Amount of this Change Order: $
12/22/2026
11,300,000.00
0.00 0.00
7/1/2019
12/2/2022
1250
12/2/2022
1461
C2008760.689000 9,900,000.00
C5008790.689000 1,050,000.00
C5108790.689000 350,000.00
39,901,051.00
11,300,000.00
96,763,726.00
45,562,675.00
11,300,000.00
Docusign Envelope ID: 7C2325C5-1519-4E5B-B3FD-A7D24D55D341
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Packet Pg. 583 Attachment: Change Order 5 (7558 : Seventh Modification to GMP with HDCC) Request Date:
Contract Information
10371 (CCS) 5
Hathaway Dinwidddie Construction Co.
City Yards Modernization - Package A SP 2396
PROPOSED CHANGES: See Exhibit A for details.
Project Manager: Sebastian Felbeck Division: Architecture Services City of Santa Monica 7/24/24
CHANGE ORDER
Contract # Change Order (CO) # Council Approval Date: 7/18/23 Contractor: Contractor's Vendor # 360339
Project: Project #
V. APPROVALS
Date Date
Sr. Construction Manager HDCC Sr. VP
Date Date
Acting Capital Program Manager Director of Public Works FUNDS AVAILABILITY CERTIFICATION:
Date
Alex Parry Rick Valte
The signing of a Change Order indicates that the parties have reached a full resolution, settlement and accord, and satisfaction with respect to all claims for cost and extensions of time that were asserted, or that could have been asserted, whether known or unknown at the time of execution of the Change Order, and that are related to the subject matter of the Change Order, including without limitation all claims, costs or damages for delay, disruption, hindrance, interference, extended or extraordinary direct and indirect overhead, multiplicity of Changes, loss of productivity labor or material cost escalations, inefficiency, the "impact" of the Change on the Work, legal expenses, consultant costs, interest, lost profits or revenue, bond or insurance costs, currency fluctuations, changes in taxes or other related claims, costs or damages, and all Compensable Delay costs associated with this change.
Sebastian Felbeck Rashmi Mehta
Docusign Envelope ID: 7C2325C5-1519-4E5B-B3FD-A7D24D55D341 7/24/2024
7/24/2024
7/24/2024
7/25/2024
Contracts Coordinator
Nicole Hurd
7/25/2024
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Packet Pg. 584 Attachment: Change Order 5 (7558 : Seventh Modification to GMP with HDCC) City Council
Report
City Council Meeting: March 24, 2026
Agenda Item: 4.F
1 of 11
To: Mayor and City Council
From: Heidi Von Tongeln, Interim City Attorney, City Attorney's Office, Administration
Subject: Adoption of Resolution Ratifying Regional Fires Emergency Proclamation and Supplements
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Sections 15061(b)(3) (Common Sense Exemption). 15268 (Ministerial Projects), and 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and
2. 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
On January 8, 2025, on behalf of the City, and in accordance with Santa Monica Municipal Code (SMMC) Section 2.16.060, the City Manager, as Director of Emergency Services, issued an Executive Order declaring a Local Emergency (Executive Order) in response to extreme weather conditions and widespread fires that ignited in nearby Pacific Palisades (Palisades Fire) and elsewhere in Los Angeles County (collectively, Regional Fires). On January 10, 2025, the City Manager issued a Revised Executive Order.
On January 10, 2025, Council adopted Resolution Number 11639 (CCS), ratifying the Executive Order and Revised Executive Order, proclaiming a local emergency throughout the City, and authorizing the Executive Director 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 Regional Fires.
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On January 14, 2025, the City Manager issued a Second Revised Executive Order in accordance with direction given by the City Council on January 10, and on January 31, 2025, the City Manager issued a First Supplement to the Executive Order.
On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. On March 19, 2025, the City Manager issued a Second Supplement to the Executive Order in accordance with direction given by Council on February 25. On March 28, 2025, the City Manager issued a Third Supplement to the Executive Order, and on April 16, 2025, the City Manager issued a Fourth Supplement to the Executive Order.
On April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), reratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Third and Fourth Supplements to the Executive Order. On April 29, 2025, the City Manager issued a Fifth Supplement to the Executive Order.
On June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), reratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order. On June 26, 2025, the City Manager issued a Sixth Supplement to the Executive Order.
On July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), reratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First, Second, Third, Fourth and Fifth Supplements to the Executive Oder, and ratifying the Sixth Supplement to the Executive Order. On August 28, 2025, the City Manager issued a Seventh Supplement to the Executive Order.
On September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), reratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and ratifying the Seventh Supplement to the Executive Order. On October 23, 2025, the City Manager issued an Eighth Supplement to the Executive Order.
On October 28, 2025, the City Council adopted Resolution Number 11713 (CCS), reratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth and Seventh Supplements to the Executive Order, and ratifying the Eighth Supplement to the Executive Order.
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On December 16, 2025, the City Council adopted Resolution Number 11727 (CCS), reratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Supplements to the Executive Order. On December 19, 2025, the City Manager issued a Ninth Supplement to the Executive Order.
On February 10, 2026, the City Council adopted Resolution Number 11737 (CCS), reratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth Supplements to the Executive Order and ratifying the Ninth Supplement to the Executive Order. On March 18, 2026, the City Manager issued a Tenth Supplement to the Executive Order.
The Executive Order, Revised Executive Order, Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Supplements, all include specific regulations and policies to protect the health and safety of Santa Monica residents, workers, businesses, and visitors.
On March 10, 2026, the City Council adopted Ordinance Number 2850 (CCS), which amended the text of the Zoning Ordinance to promote economic recovery and, with the exception of price-gouging protections, incorporated remaining operative provisions in the Proclamation and Supplements. Ordinance Number 2850 will become effective on April 9, 2026Thus, staff anticipates that this is the last time the Executive Order and Supplements will be presented to the Council for ratification and extension with respect to the provisions covered by Ordinance Number 2850. However, staff is in the process of evaluating what would be the last remaining provision—price gouging—and whether extension would be warranted for those protections, considering that Los Angeles County Board of Supervisors’ has extended prohibitions against price gouging after an emergency through at least April 28, 2026, and those protections will continue to apply in Santa Monica for as long as they apply county-wide.
Government Code Section 8630 requires local governmental authorities to renew a local emergency every 60 days until the governing body terminates the local emergency. Further, SMMC section 2.16.100 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 adopting the attached Resolution re-ratifying the Executive Order, Revised Executive Order, Second Revised Executive Order and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements to the Executive Order. (Attachment A).
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Discussion
On January 7, 2025, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure.
The National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation.
On January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena ignited in Los Angeles County ignited in Los Angeles County, burning over 40,000 acres (the Regional Fires). High winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph.
The Regional Fires and windstorm conditions threatened or destroyed structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access routes to the communities affected by the Regional Fires. Along with the windstorm, the Regional Fires spread across more than 40,000 acres damaging or destroying structures and prompting evacuation orders and road closures. This weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure.
On January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles, and the Governor declared a state of emergency to make additional resources available.
On January 8, 2025, the City Manager, in his role as the Director of Emergency Services (“Executive Director of Emergency Services”), issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to
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Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires. Pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, HomeSharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on price-gouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permitted bed and breakfasts and hotels and motels to allow stays beyond 30 days. (Attachment B). On January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (Revised Executive Order) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications. (Attachment C).
On January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires. At that meeting, Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires; 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames
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during times of red flag warnings; and 5) make other minor clarifications and corrections.
On January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction from January 10. 2025. (Attachment D). On January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment; and 4) expand criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires. (Attachment E).
On February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order. Council further gave direction to phase out suspension of the tenant protection laws for short term rentals and that short term renters are given the same protections as long-term renters in addition to providing support to local restaurants impacted by the fires.
On March 19, 2025, the City Manager issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to
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any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025. (Attachment F).
On March 28, 2025, the City Manager issued a Third Supplement to the Executive Order to provide a 50% discount for license fees for outdoor dining, sidewalk dining, and pier deck dining for the month of March 2025. (Attachment G).
On April 16, 2025, the City Manager issued a Fourth Supplement to the Executive Order to: 1) require, upon request of the City, that schools displaced by the Regional Fires that are operating or expanding as a temporary use in the City to submit a Parking and Loading Operations Plan for review and approval by the Director of the Community Development Department; 2) provide discounted rates City’s Downtown parking structures for schools displaced by the Regional Fires that are operating or expanding in the City’s Downtown for the remainder of the Spring 2025 semester; and 3) allow modifications to regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits to expire as of April 30, 2025. (Attachment H).
On April 29, 2025, the City Manager issued Fifth Supplement to the Executive Order, which, consistent with Council direction given on March 22, 2025, extended the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through June 30, 2025. (Attachment I.)
On June 26, 2025, the City Manager issued a Sixth Supplement to the Executive Order, to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to
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allow for additional flexibility in alcohol sales and service through August 31, 2025. (Attachment J.)
On August 28, 2025, the City Manager issued a Seventh Supplement to the Executive Order to: 1) authorize the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses; and 2) extend the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through October 31, 2025. (Attachment K.)
On October 23, 2025, the Executive Director of Emergency Services issued an Eighth Supplement to the Second Revised Executive Order to: 1) allow for and confirm the expiration of the provisions of Section 4 of the Second Revised Executive Order, as amended by the First Supplement, granting priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist to eligible persons impacted by the Regional Fires; and 2) extend the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through December 31, 2025. (Attachment L) On December 19, 2025, the Executive Director of Emergency Services issued a Ninth Supplement to the Second Revised Executive Order to: 1) revise the provisions of the Section 3 of the Second Revised Executive Order, as modified by the Second Supplement, to provide for the commencement of enforcement of SMMC sections
6.22.050, 6.22.060, and 6.22.070 for lease agreements or new tenancies entered into on or after January 1, 2026; and 2) extend the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
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9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through February 28, 2026. (Attachment M) On March 18, 2026, the Executive Director of Emergency Services issued a Tenth Supplement to the Second Revised Executive Order to extend the provisions of Section 5 of the Second Supplement to the Executive Order suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2026, with a March 1, 2026 effective date for the extension. (Attachment N)
The emergency proclamation and its supplements were issued by the 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 previously approved Resolution Number 11639 (CCS) on January 10, 2025, ratifying the Executive Order and Revised Executive Order; Resolution Number 11645 (CCS) on February 25, 2025, re-ratifying the Executive Order and Revised Executive Order and ratifying the Second Revised Executive Order and the First Supplement to the Executive Order; Resolution Number 11659 (CCS) on April 22, 2025, re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements; Resolution Number 11668 (CCS) on June 10, 2025, reratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; Resolution Number 11685 (CCS) on July 29, 2025, re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; on September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and ratifying the Seventh Supplement to the Executive Order; on October 28, 2025, the City Council adopted Resolution Number 11713 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive
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Order, and the First, Second, Third, Fourth, Fifth, Sixth and Seventh Supplements to the Executive Order, and ratifying the Eighth Supplement to the Executive Order; on December 16, 2025, the City Council adopted Resolution Number 11727 (CCS), reratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Supplements to the Executive Order; and on February 10, 2026, the City Council adopted Resolution Number 11737 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Supplements to the Executive Order, and ratifying the Ninth Supplement to the Executive Order.
Staff now recommends that Council adopt the attached resolution re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Supplements and ratifying the Tenth Supplement to the Executive Order 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
The action taken by the City Council is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”, Section 15268 (Ministerial Projects) CEQA Guidelines, and Section 15301 (Existing Facilities) of the CEQA Guidelines. The measures taken are, among other things, administrative; ministerial; involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; or are emergency and temporary in nature. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Fiscal Impacts
None.
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Prepared By: Heidi Von Tongeln, Interim City Attorney
Approved Forwarded to Council
Attachments:
A. A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26
B. B-Executive Order Local Emergency January 8, 2025
C. C-Revised Executive Order Local Emergency January 10, 2025 D. D-Second Revised Executive Order Local Emergency January 14, 2025 E. E-First Supplement to Executive Order Local Emergency January 31, 2025 F. F-Second Supplement to Executive Order Local Emergency March 19, 2025 G. G-Third Supplement to Executive Order Local Emergency March 28, 2025 H. H-Fourth Supplement Executive Order Local Emergency April 16, 2025 I. I-Fifth Supplement Executive Order Local Emergency April 29, 2025 J. J-Sixth Supplement Executive Order Local Emergency June 26, 2025 K. K-Seventh Supplement Executive Order Local Emergency August 28, 2025 L. L-Eighth Supplement Executive Order Local Emergency October 23, 2025 M. M-Ninth Supplement to Proclamation-Local Emergency-2025 Palisades Fire December 19, 2025
N. N-Tenth Supplement to Proclamation-Local Emergency-2025 Palisades Fire March 18, 2026
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1 City Council Meeting: March 24, 2026 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, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph gusts in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and
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Packet Pg. 596 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes, and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the
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Packet Pg. 597 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created conditions of extreme peril and such conditions are likely to be beyond the control of the services, personnel, equipment,
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Packet Pg. 598 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 and facilities of the City, requiring the combined forces of other political subdivisions to combat; and
WHEREAS, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered
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Packet Pg. 599 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in
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Packet Pg. 600 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes (TOT) and the Tourism Marketing District (TMD) Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for incomequalifying households impacted by the Regional Fires; and WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and
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Packet Pg. 601 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
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Packet Pg. 602 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, on March 28, 2025, on March 19, 2025, the Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and
WHEREAS, on April 16, 2025, the Executive Director of Emergency Services issued a Fourth Supplement to the Second Revised Executive Order to: 1) require, upon request of the City, that schools displaced by the Regional Fires that are operating or expanding as a temporary use in the City to submit a Parking and Loading Operations Plan for review and approval by the Director of the Community Development Department; 2) provide discounted rates City’s Downtown parking structures for schools displaced by the Regional Fires that are operating or expanding in the City’s Downtown for the remainder of the Spring 2025 semester; and 3) allow modifications to regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits to expire as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any
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Packet Pg. 603 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and WHEREAS, on June 26, 2025, the Executive Director of Emergency Services issued a Sixth Supplement to the Second Revised Executive Order to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to August 31, 2025; and
WHEREAS, on July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; and WHEREAS, on August 28, 2025, the Executive Director of Emergency Services issued a Seventh Supplement to the Second Revised Executive Order to: 1) authorize
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Packet Pg. 604 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses; and 2) extend the provisions of Section 5 of the Second Supplement to October 31, 2025; and
WHEREAS, on September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and ratifying the Seventh Supplement to the Executive Order; and WHEREAS, on October 23, 2025, the Executive Director of Emergency Services issued an Eighth Supplement to the Second Revised Executive Order to: 1) terminate the provisions of Section 4 of the Second Revised Executive Order, as amended by the First Supplement, granting Tier 1 priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist to eligible persons impacted by the Regional Fires for a period of 6 months; and 2) extend the provisions of Section 5 of the Second Supplement to December 31, 2025; and
WHEREAS, on October 28, 2025, the City Council adopted Resolution Number 11713 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth and Seventh Supplements to the Executive Order, and ratifying the Eighth Supplement to the Executive Order; and WHEREAS, on December 16, 2025, the City Council adopted Resolution Number 11727 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive
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Packet Pg. 605 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 11 Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Supplements to the Executive Order; and
WHEREAS, in adopting Santa Monica Municipal Code Chapter 6.22, Residential Leasing Requirements (“SMMC Chapter 6.22”), on September 9, 2020, the City Council found and declared that “the City’s rental housing stock should, to the extent possible, be preserved for use as long-term permanent housing”; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.22 as to persons who rent to persons displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded housing opportunities for displaced persons in need of medium-term and furnished housing who were unable to return to their homes for months after the fires; and
WHEREAS, the demand for new medium-term furnished housing units among displaced persons has substantially decreased, as many households now have long term plans in place for rebuilding or permanently relocating, and the demand for permanent housing in Santa Monica remains high; and
WHEREAS, temporary housing, with lease terms of more than thirty days but less than a year, typically has a higher monthly price point than rental housing subject to annual leases, thereby increasing market pressure on rents and diminishing the supply of units available for permanent residence; and
WHEREAS, on December 19, 2025, the Executive Director of Emergency Services issued an Ninth Supplement to the Second Revised Executive Order to: 1) revise the provisions of the Section 3 of the Second Revised Executive Order, as modified by the Second Supplement, to provide for the commencement of enforcement of SMMC
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Packet Pg. 606 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 12 sections 6.22.050, 6.22.060, and 6.22.070 for lease agreements or new tenancies entered into on or after January 1, 2026; and 2) extend the provisions of Section 5 of the Second Supplement to February 28, 2026; and
WHEREAS, On February 10, 2026, the City Council adopted Resolution Number 11737 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth Supplements to the Executive Order and ratifying the Ninth Supplement to the Executive Order; and WHEREAS, on March 18, 2026, the Executive Director of Emergency Services issued a Tenth Supplement to the Second Revised Executive Order to extend the provisions of Section 5 of the Second Supplement to the Executive Order through April 30, 2026, with a March 1, 2026 effective date for the extension; and WHEREAS the findings included in each Executive Order referenced herein are included herein as if stated in full; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, the City has continued to receive reports of excessive pricing for rental housing and consumers and renters remain susceptible to price gouging due to the Regional Fires; and
WHEREAS in the interest of public health and safety, as affected by the state, and local emergency caused by the Regional Fires, it is necessary to exercise the City
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Packet Pg. 607 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 13 Council’s authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to ratify the actions of the Executive 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 Second Revised Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit C”) is hereby ratified.
SECTION 4. The First Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit D”) is hereby ratified.
SECTION 5. The Second Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit E”) is hereby ratified.
SECTION 6. The Third Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit F”) is hereby ratified.
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Packet Pg. 608 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 14 SECTION 7. The Fourth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit G”) is hereby ratified.
SECTION 8. The Fifth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit H”) is hereby ratified.
SECTION 9. The Sixth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit I”) is hereby ratified.
SECTION 10. The Seventh Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit J”) is hereby ratified.
SECTION 11. The Eighth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit K”) is hereby ratified.
SECTION 12. The Ninth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit L”) is hereby ratified.
SECTION 13. The Tenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a Local Emergency (“Exhibit M”) is hereby ratified.
SECTION 14. 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
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Packet Pg. 609 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 15 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 15. The City Council authorizes the City Manager, in the Manager’s 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 Regional Fires.
SECTION 16. 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 at least every 60 days until this resolution is terminated. Except as may be otherwise provided, the provisions of the Executive Order, Revised Executive Order, Second Revised Executive Order, First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Supplements to the Executive Order and any Supplement issued pursuant to the authority of the Director of Emergency Services pursuant to this resolution and the Municipal Code shall be in full force and effect as of their issuance and shall remain in full force and effect until the termination of the resolution by the City Council.
SECTION 17. If any section, subsection, sentence, clause, or phrase of this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements 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
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Packet Pg. 610 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 16 Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Supplements to the Executive Order. The City Council hereby declares that it would have passed this Resolution, the Executive Order, the Revised Executive Order, the Second Revised Executive Order, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Supplements 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 the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 18. 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:
_________________________
HEIDI VON TONGELN
Interim City Attorney
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Packet Pg. 611 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 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, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 acres as of the time this Proclamation is issued; and
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Packet Pg. 612 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.
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Packet Pg. 613 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 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 and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
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Packet Pg. 614 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state 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 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.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.
2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapters
6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations,
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Packet Pg. 615 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.
4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161;
5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including serving a notice to terminate tenancy based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.
6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.
The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person.
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Packet Pg. 616 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.
7. All previously-issued building permits for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
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Packet Pg. 617 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
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Packet Pg. 618 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
ADOPTED this 8th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 619 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services and ratified
by the City Council on January 10, 2025)
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, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
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Packet Pg. 620 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire
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Packet Pg. 621 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 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 a and
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Packet Pg. 622 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state 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 Palisades Fire has already displaced thousands of residents who are in need of temporary housing; and
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Packet Pg. 623 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; 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 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.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by
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Packet Pg. 624 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.
2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapters
6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.
4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161;
5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.
6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the
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Packet Pg. 625 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.
The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments
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Packet Pg. 626 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 or to seek medical care, and representatives of the media are exempt from this Order.
7. To avoid sparks that could lead to additional sources of fires,: 1) All previously-issued building permits previously issued to persons other than the City are hereby suspended in for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended.; and 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
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Packet Pg. 627 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
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Packet Pg. 628 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
ADOPTED this 10th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 629 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 SECOND 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
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is continuing as of this date, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
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Packet Pg. 630 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and
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Packet Pg. 631 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and
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Packet Pg. 632 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 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 orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and
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Packet Pg. 633 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 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 Regional Fires have already displaced many thousands of residents who are in need of temporary housing; and
-sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
That tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica ratified the existence of the emergency on January 9, 2025.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
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Packet Pg. 634 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 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.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
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Packet Pg. 635 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 2. Parking regulations are hereby modified to allow residents to obtain 30 day Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits (excluding the Central Zone and for beach zone residents only) for up to two vehicles (per residential address) for persons displaced by the Regional Fires residing with them for the duration of the declared emergency. At the end of the 30 day period, the permit can be renewed for an additional 30 days if the declared emergency is still in place.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not,
residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
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Packet Pg. 636 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 4.
waitlist - households impacted by the Regional Fires who are income qualified and:
have minor children currently attending SMMUSD schools; or work in Santa Monica at least 25 hours/week
shall be given Tier 1 priority on for 6 months,
suspending the current Tier 1 requirement that a household be displaced from a resi
preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
5. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161, including but not limited of consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161.
6. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Regional Fire evacuation order or warning or poor air quality conditions related to the Regional Fires.
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Packet Pg. 637 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 7. A curfew is hereby imposed in the City of Santa Monica in all areas subject to Mandatory Evacuation Orders or an Evacuation Warning. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours 6 p.m. and 6 a.m., for so long at the evacuation orders are effective. The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
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Packet Pg. 638 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.
8. To avoid sparks that could lead to additional sources of fires: 1) building permits previously issued to persons other than the City itself are hereby suspended in areas subject to Mandatory Evacuation Orders or an Evacuation Warning; 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order; and 3) all outdoor open flames in the City shall be prohibited during times of red flag warnings. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph. a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
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Packet Pg. 639 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 11 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
9. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
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Packet Pg. 640 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 12 10. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
11. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
12. Pursuant to California Government Code section 8625, the City requests that the Governor proclaim a State of Emergency in the area affected by the Regional Fires.
13. Pursuant to California Government Code, Title 2, Division 1, Chapter 7.5 (California Disaster Assistance Act), the City requests financial and recovery assistance be made available, and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
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Packet Pg. 641 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 13 ADOPTED this 14th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until terminated by the Santa Monica City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
4.F.a
Packet Pg. 642 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and
4.F.a
Packet Pg. 643 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
4.F.a
Packet Pg. 644 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
4.F.a
Packet Pg. 645 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject
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Packet Pg. 646 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant
4.F.a
Packet Pg. 647 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and
4.F.a
Packet Pg. 648 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;
WHEREAS, the Revenue Division has received requests from multiple hotels requesting a 30-
Tourism Marketing District Assess
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
4.F.a
Packet Pg. 649 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.
NOW, THEREFORE, I; David White, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT IS HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by this First Supplement.
4.F.a
Packet Pg. 650 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:
Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the City non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be waived for the month of February 2025.
4.F.a
Packet Pg. 651 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 4. Upon written request of a hotel or motel subject to the TOT and TMD, the Finance Department may grant a 30-day extension for the payment of TOT and TMD for the December 2024 reporting period. If an extension is granted, the payment deadline would be extended to February 28, 2025 for the December 2024 reporting period.
5. Section 4 of the Second Revised Executive Order is hereby amended as follows:
Tier 1 priority Priority for displaced lower income households Market Housing (BMH) waitlist shall be given to displaced households impacted by the Regional Fires who are income qualified and impacted by the Regional Fires and:
have minor children currently attending SMMUSD or local Santa Monica schools; or
worked in Santa Monica, prior to the Regional Fires, at least 25 hours/week; or are Santa Monica residents and experienced a job loss as a direct result of the Regional Fires
Tier 1 priority on the Santa Monica Housing Authority waitlist shall be given to displaced households who are income qualified, meet voucher eligibility requirements, are impacted by the Regional Fires and:
are Santa Monica residents and experienced job loss as a direct result of the Regional Fires; or
replacement
Housing and Urban Development (HUD) Housing Quality Standards (HQS)) or that is adequate for the household size (according to HUD HQS), or living in housing not pursuant to a lease agreement).
4.F.a
Packet Pg. 652 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 11 These households would be eligible for referrals to:
Project-Based Voucher (PBV) buildings; or
Continuum of Care (CoC) vouchers; or
Section 8 Housing Choice Vouchers (HCV)
An individual may apply during the period of this Emergency Order and will maintain priority on the Santa Monica Housing Authority or BMH waitlist for 6 months. The adjustment to the local preference criteria should be viewed as a temporary expansion of the rule, made in alignment with broader regional emergency efforts to assist those affected. However, the longstanding live/work priority (Tier 2) will remain in place. suspending the current Tier 1 requirement that a household be displaced from a preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
ADOPTED this 31st day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
4.F.a
Packet Pg. 653 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 SECOND SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 654 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 655 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 656 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 657 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 658 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 659 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 660 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 661 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 662 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.
NOW, THEREFORE, I; Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First Supplement and this Second Supplement.
2. Section 1 of the Second Revised Executive Order as amended by the First Supplement to the Executive Order is hereby amended as follows:
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 663 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 11 Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s non-residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. Section 3 of the Second Revised Executive Order is hereby amended and shall read in its entirety as follows:
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 664 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 12 Enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended through and including April 18, 2025; and enforcement of Santa Monica Municipal Code 6.22.050, 6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not, residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
This section does not provide a basis for a short-term rental host, home-sharing host, or landlord to do any of the following: (a) unilaterally terminate a short-term rental agreement, home-share agreement, or rental housing agreement before the end of the agreed upon rental period; (b) evict or otherwise compel a person who has established a tenancy to vacate a rental unit without judicial process; or (c) terminate a tenancy that is subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by the applicable just cause eviction law. This section also does not require a short-term rental host, home-share host, or landlord to cease renting to a person occupying the rental unit on or before April 19, 2025, so long as the rental period is for at least 31 consecutive days.
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 665 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 13 4. Upon written request, made on or before April 30, 2025, of a hotel or motel subject to the TOT and TMD, and impacted by the regional fires, the Finance Department may grant a 30-day extension for the payment of TOT and TMD due.
5. Notwithstanding anything to the contrary in the Santa Monica Municipal Code or permits issued by the City of Santa Monica, enforcement of the following provisions of Santa Monica Municipal Code Sections 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements, as applicable, are hereby suspended for businesses that: (1) have obtained and are operating under license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (ABC); and (2) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code, including, but not limited to, Eating and Drinking Establishments, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8), and Commercial Entertainment and Recreation, Large Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(d), and Small Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(e):
A. Restrictions on hours of operation and hours of alcohol service.
B. Prohibitions against serving alcohol in any disposable container such as disposable plastic or paper cups, except for special events.
C. Limitations on percentage of total gross revenues per year from alcohol sales.
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 666 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 14 D. Limitations on the number of 3 television screens including video projectors or similar audio/visual devices permitted to be utilized on the premises, including limitations on size of screens.
E. Prohibitions against providing billiard/pool tables, video or amusement games, bowling, darts, and other similar entertainment activities.
F. Prohibitions against liquor bottle service, including provisions limiting wine and beer bottle service unless full meal service is provided concurrent with the bottle service, and requirements that all food items shall be available from the full service menu.
For purposes of this provision, bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.
G. Prohibitions against establishments, except for special events, organizing or participating in organized “pub-crawl” events where participants or customers prepurchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
H. Requirements that, if a counter service area is provided, food service shall be available at all hours the counter is open for patrons and the counter area shall not function as a separate bar area.
I. Requirements that the primary use of any outdoor dining area shall be for seated meal service and that patrons who are standing in the outdoor seating area shall not be served.
J. For Restaurants, Full Service, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), and Restaurants, Limited-Service and Take-Out, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c):
1. Limitations on the number of indoor or outdoor seats; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
4.F.a
Packet Pg. 667 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 15 2. Requirements that the primary use of the premises shall be for sitdown meal service to patrons.
K. For Restaurants with Entertainment subject to the provisions of Santa Monica Municipal Code Section 9.31.290, requirements that:
1. There is sit down meal service provided at all times while the entertainment is taking place;
2. The entertainment is provided only in the dining areas; and
3. There is no cover charge or minimum drink purchase requirement.
The provisions of this Section 5 of this Second Supplement shall terminate on April 30, 2025 at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.
ADOPTED this 20th day of March 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
ELAINE POLACHEK
Interim City Manager
Interim Director of Emergency
Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1 3/20/2025
3/20/2025
3/20/2025
4.F.a
Packet Pg. 668 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 CITY OF SANTA MONICA
THIRD SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 669 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 670 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 671 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 672 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 673 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 674 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants, and other businesses with outdoor dining options, some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 675 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 676 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 677 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.
WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) suspend enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20 HomeSharing and Vacation Rentals through and including April 18, 2025 and clarify that shortterm rental hosts, home-sharing hosts, or landmarks may not unilaterally terminate rental agreements before the end of the agreed upon rental period, evict or compel a person who has established a tenancy to vacate a rental unit without judicial process, or terminate a tenancy subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by applicable law; 3) expand a 30-day Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 678 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 11 extension for payment of TOT and TMD; and 4) suspend certain provisions of Santa Monica Municipal Code Sections 9.31.280 and 9.31.290 for specified businesses; and WHEREAS, restaurants in the City are reporting ongoing losses of revenue through March 2025 due to the impacts of the Regional Fires and thus discounting license fees by 50% for the month of March for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining will continue to provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help them remain open and support their overall business recovery.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First Supplement, Second Supplement, and this Third Supplement.
2. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be discounted by 50% for the month of March 2025.
ADOPTED this 28th day of March 2025.
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Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 679 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 12 ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 680 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 FOURTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 681 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 682 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 683 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 684 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 685 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 686 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 suspension of enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City through and including April 18, 2025 and clarify that persons occupying a rental unit pursuant to these provision receive tenant protections; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, on March 19, 2025, the Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 687 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second and Third Supplements, and this Fourth Supplement.
2. Section 1 of the Second Revised Executive Order as amended by the First and Second Supplements to the Executive Order is hereby amended as follows:
Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 688 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s non-residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
4.F.a
Packet Pg. 689 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 3. Schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown shall be eligible for discounted monthly parking passes for the City’s Downtown parking structures pursuant to a pro rata monthly Group Discount Rate for the 35 remaining school days of the Spring 2025 Semester at a rate of $192.50 per parking pass (which equates to a daily rate of $5.50 per day).
4. Modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order shall be of no further force and effect as of April 30, 2025, and no permits shall be issued pursuant to those modified parking regulations after April 30, 2025.
ADOPTED this 16th day of April 2025.
//
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ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E 4/16/2025
4/16/2025
4/16/2025
4.F.a
Packet Pg. 690 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 FIFTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.F.a
Packet Pg. 691 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.F.a
Packet Pg. 692 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.F.a
Packet Pg. 693 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.F.a
Packet Pg. 694 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.F.a
Packet Pg. 695 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.F.a
Packet Pg. 696 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.F.a
Packet Pg. 697 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.F.a
Packet Pg. 698 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, this extension will provide additional opportunities for economic recovery for local businesses.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third and Fourth Supplements, and this Fifth Supplement.
2. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on June 30, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services. //
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//
//
//
//
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.F.a
Packet Pg. 699 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 ADOPTED this 29th day of April 2025.
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1 4/29/2025
4/29/2025
4/29/2025
4.F.a
Packet Pg. 700 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 SIXTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 701 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 702 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 703 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 704 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 705 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 706 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 707 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 708 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 709 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 WHEREAS further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales, will provide additional opportunities for economic recovery for local businesses.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth and Fifth Supplements, and this Sixth Supplement.
2. Section 1 of the Second Revised Executive Order, as amended by the First, Second and Fourth Supplements to the Executive Order, is hereby amended as follows:
A. Within the City’s non-residential zones:
1. Schools, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s nonDocusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 710 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 11 residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; and
2. in addition, small Small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City without first obtaining a Conditional Use Permit, or as a temporary permitted use without first obtaining a Temporary Use Permit.
B. Within the City’s Residential Zones, Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; Child Care and Early Education Facilities displaced by the Regional Fires may operate as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities.
C. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.
D. City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.a
Packet Pg. 711 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 12 displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on August 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.
ADOPTED this 26th day of June 2025.
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB 6/26/2025
6/26/2025
6/26/2025
4.F.a
Packet Pg. 712 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 SEVENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 713 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 714 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 715 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 716 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 717 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 718 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 719 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 720 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, on June 26, 2025, the Executive Director of Emergency Services issued a Sixth Supplement to the Second Revised Executive Order to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to August 31, 2025; and
WHEREAS, on July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 721 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 and the First, Second, Third, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; and WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, allowing the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses, will provide additional opportunity for displaced businesses and economic recovery for local businesses; and
WHEREAS, further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 722 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 11 conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales, will provide additional opportunities for economic recovery for local businesses.
NOW, THEREFORE, I, Oliver Chi, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth, Fifth, Sixth Supplements, and this Seventh Supplement.
2. Section 1 of the Second Revised Executive Order, as amended by the First, Second and Fourth Supplements to the Executive Order, is hereby amended as follows:
A. Within the City’s non-residential zones:
1. Schools, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; and
2. Small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 723 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 12 Regional Fires may operate without first obtaining a Conditional Use Permit, or as a temporary permitted use without first obtaining a Temporary Use Permit.
3. The Director of the Community Development Department, or designee, may issue Temporary Use Permits in accordance with Santa Monica Municipal Code Chapter 9.44 for temporary uses supportive of economic recovery or to support businesses operating in Los Angeles County that were displaced by the Regional Fires, if the Director has determined that the temporary use will be compatible with the purposes of the district and surrounding land uses.
B. Within the City’s Residential Zones, Schools with existing Conditional Use Permits that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; Child Care and Early Education Facilities displaced by the Regional Fires may operate as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities.
C. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.
D. City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
4.F.a
Packet Pg. 724 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 13 displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on October 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.
ADOPTED this 28th day of August 2025.
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME OLIVER CHI
City Clerk City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C 8/29/2025
8/29/2025
8/29/2025
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Packet Pg. 725 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 CITY OF SANTA MONICA
EIGHTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph gusts in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
4.F.a
Packet Pg. 726 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 road closures, and continued to threaten structures, homes, and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 727 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 728 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 729 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 730 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 731 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 732 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Fourth Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 733 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, on June 26, 2025, the Executive Director of Emergency Services issued a Sixth Supplement to the Second Revised Executive Order to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to August 31, 2025; and
WHEREAS, on July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; and WHEREAS, on August 28, 2025, the Executive Director of Emergency Services issued a Seventh Supplement to the Second Revised Executive Order to: 1) authorize the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 734 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses; and 2) extend the provisions of Section 5 of the Second Supplement to October 31, 2025; and
WHEREAS, on September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and ratifying the Seventh Supplement to the Executive Order; and WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, allowing the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses, will provide Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 735 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 11 additional opportunity for displaced businesses and economic recovery for local businesses; and
WHEREAS, after an initial higher volume of requests for Tier 1 priority due to impacts from the regional fires on the City's Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist, requests have dropped significantly in recent months, with only one request for Tier 1 priority submitted to the Housing Division from October 1 through October 22, 2025, evidencing demand for the preference has largely subsided; and
WHEREAS, the 6-month period of Tier 1 priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist that was granted under the Second Revised Executive Order to eligible persons impacted by the Regional Fires has expired for initial persons that were awarded the priority and will expire soon for others; and
WHEREAS, as the Emergency Housing Voucher (EHV) program sunsets and federal funding winds down, it is vital for the Housing Authority to focus its limited voucher program staff capacity on maintaining housing stability for current voucher program participants, particularly those transitioning from the EHV program into the Section 8 Housing Choice Voucher program to prevent displacement and homelessness; and WHEREAS, further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 736 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 12 alcohol sales, will provide additional opportunities for economic recovery for local businesses.
NOW, THEREFORE, I, Oliver Chi, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth, Fifth, Sixth, and Seventh Supplements, and this Eighth Supplement.
2. Section 4 of the Second Revised Executive Order as modified and supplemented by the First Supplement is hereby terminated and is of no further force and effect except that households granted Tier 1 priority on the Below Market Housing waiting list or the Santa Monica Housing Authority waiting list shall retain that priority for a period of 6 months after being granted the priority.
3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on December 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services. ///
Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 737 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 13 ADOPTED this 23rd day of October 2025.
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME OLIVER CHI
City Clerk City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
HEIDI VON TONGELN
Interim City Attorney
Docusign Envelope ID: 58941E81-F61E-414E-854F-5F86BED08A25
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Packet Pg. 738 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 CITY OF SANTA MONICA
NINTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph gusts in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 739 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 road closures, and continued to threaten structures, homes, and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 740 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 741 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 742 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 743 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 744 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 745 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Fourth Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 746 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, on June 26, 2025, the Executive Director of Emergency Services issued a Sixth Supplement to the Second Revised Executive Order to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to August 31, 2025; and
WHEREAS, on July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; and WHEREAS, on August 28, 2025, the Executive Director of Emergency Services issued a Seventh Supplement to the Second Revised Executive Order to: 1) authorize the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 747 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses; and 2) extend the provisions of Section 5 of the Second Supplement to October 31, 2025; and
WHEREAS, on September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and ratifying the Seventh Supplement to the Executive Order; and WHEREAS, on October 23, 2025, the Executive Director of Emergency Services issued an Eighth Supplement to the Second Revised Executive Order to extend the provisions of Section 5 of the Second Supplement to December 31, 2025; and WHEREAS, on October 28, 2025, the City Council adopted Resolution Number 11713 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, and Seventh Supplements to the Executive Order, and ratifying the Eighth Supplement to the Executive Order; and WHEREAS, on December 16, 2025, the City Council adopted Resolution Number 11727 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Supplements to the Executive Order; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 748 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 11 WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, allowing the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses, will provide additional opportunity for displaced businesses and economic recovery for local businesses; and
WHEREAS, after an initial higher volume of requests for Tier 1 priority due to impacts from the regional fires on the City's Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist, requests have dropped significantly in recent months, with only one request for Tier 1 priority submitted to the Housing Division from October 1 through October 22, 2025, evidencing demand for the preference has largely subsided; and
WHEREAS, the 6-month period of Tier 1 priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist that was granted under the Second Revised Executive Order to eligible persons impacted by the Regional Fires has Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 749 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 12 expired for initial persons that were awarded the priority and will expire soon for others; and
WHEREAS, as the Emergency Housing Voucher (EHV) program sunsets and federal funding winds down, it is vital for the Housing Authority to focus its limited voucher program staff capacity on maintaining housing stability for current voucher program participants, particularly those transitioning from the EHV program into the Section 8 Housing Choice Voucher program to prevent displacement and homelessness; and WHEREAS, in adopting SMMC Chapter 6.22 on September 9, 2020, the City Council found and declared that “the City’s rental housing stock should, to the extent possible, be preserved for use as long-term permanent housing”; and WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.22, Residential Leasing Requirements, as to persons who rent to persons displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded housing opportunities for displaced persons in need of medium-term and furnished housing who were unable to return to their homes for months after the fires; and WHEREAS, the demand for new medium-term furnished housing units among displaced persons has substantially decreased, as many households now have long term plans in place for rebuilding or permanently relocating, and the demand for permanent housing in Santa Monica remains high; and
WHEREAS, temporary housing, with lease terms of more than thirty days but less than a year, typically has a higher monthly price point than rental housing subject to annual leases, thereby increasing market pressure on rents and diminishing the supply of units available for permanent residence; and
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 750 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 13 WHEREAS, further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales, will provide additional opportunities for economic recovery for local businesses.
NOW, THEREFORE, I, Oliver Chi, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Supplements, and this Ninth Supplement.
2. Section 3 of the Second Revised Executive Order, as modified and supplemented by the Second Supplement, is hereby amended to read as follows:
Enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is, suspended through and including April 18, 2025; and enforcement of Santa Monica Municipal Code 6.22.050, 6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 751 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 14 City of Santa Monica to natural persons displaced by the Regional Fire whose tenancies began on or before December 31, 2025 and (b) sublease no more than one rental housing unit within the City, is suspended. All lease agreements for new tenancies entered into on or after January 1, 2026, shall comply with all requirements of Chapter 6.22. This timelimited suspension of enforcement is consistent with Council direction; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not, residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
This section does not provide a basis for a short-term rental host, home-sharing host, or landlord to do any of the following: (a) unilaterally terminate a short-term rental agreement, home-share agreement, or rental housing agreement before the end of the agreed upon rental period; (b) evict or otherwise compel a person who has established a tenancy to vacate a rental unit without judicial process; or (c) terminate a tenancy that is subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by the applicable just cause eviction law. This section also does not require a short-term rental host, home-share host, or landlord to cease renting to a person occupying the rental unit on or before April 19, 2025, so long as the rental period is for at least 31 consecutive days; nor does this section require a landlord to cease renting to any tenant a rental housing unit that is not the tenant’s primary residence, is furnished, and/or is subject to a lease of less than one year, so long as the tenant is a person displaced by the Regional Fires who began renting the rental housing unit on or before December 31, 2025.
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 752 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 15 3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on February 28, 2026, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.
ADOPTED this 19th day of December 2025.
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME OLIVER CHI
City Clerk City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
HEIDI VON TONGELN
Interim City Attorney
Docusign Envelope ID: 9283C865-37AA-4A0D-91A2-56E96D9205FB
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Packet Pg. 753 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 CITY OF SANTA MONICA
TENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph gusts in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
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Packet Pg. 754 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 2 road closures, and continued to threaten structures, homes, and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity, and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
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Packet Pg. 755 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 3 WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
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Packet Pg. 756 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 4 WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive Director of Emergency Services to take all actions related to the Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
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Packet Pg. 757 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 5 protection of life and property that are reasonably necessary to respond to the local emergency caused by the Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
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Packet Pg. 758 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 6 dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
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Packet Pg. 759 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 7 Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
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Packet Pg. 760 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 8 WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Fourth Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
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Packet Pg. 761 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 9 allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, on June 26, 2025, the Executive Director of Emergency Services issued a Sixth Supplement to the Second Revised Executive Order to: 1) allow Child Care and Early Education Facilities displaced by the Regional Fires to operate within the City’s nonresidential zones as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities; and 2) extend the provisions of Section 5 of the Second Supplement to August 31, 2025; and
WHEREAS, on July 29, 2025, the City Council adopted Resolution Number 11685 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, and Fifth Supplements to the Executive Order, and ratifying the Sixth Supplement to the Executive Order; and WHEREAS, on August 28, 2025, the Executive Director of Emergency Services issued a Seventh Supplement to the Second Revised Executive Order to: 1) authorize the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
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Packet Pg. 762 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 10 to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses; and 2) extend the provisions of Section 5 of the Second Supplement to October 31, 2025; and
WHEREAS, on September 9, 2025, the City Council adopted Resolution Number 11696 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth and Sixth Supplements to the Executive Order, and ratifying the Seventh Supplement to the Executive Order; and WHEREAS, on October 23, 2025, the Executive Director of Emergency Services issued an Eighth Supplement to the Second Revised Executive Order to extend the provisions of Section 5 of the Second Supplement to December 31, 2025; and WHEREAS, on October 28, 2025, the City Council adopted Resolution Number 11713 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth and Seventh Supplements to the Executive Order, and ratifying the Eighth Supplement to the Executive Order; and WHEREAS, on December 16, 2025, the City Council adopted Resolution Number 11727 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Supplements to the Executive Order; and
WHEREAS, on December 19, 2025, the Executive Director of Emergency Services issued an Ninth Supplement to the Second Revised Executive Order to: 1) revise the provisions of the Section 3 of the Second Revised Executive Order, as modified by the Second Supplement, to provide for the commencement of enforcement of SMMC sections 6.22.050, 6.22.060, and 6.22.070 for lease agreements or new tenancies Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
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Packet Pg. 763 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 11 entered into on or after January 1, 2026; and 2) extend the provisions of Section 5 of the Second Supplement to February 28, 2026; and
WHEREAS, on February 10, 2026, the City Council adopted Resolution Number 11737 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Supplements to the Executive Order and ratifying the Ninth Supplement to the Executive Order; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and WHEREAS, allowing the Director of the Community Development Department, or designee, to issue Temporary Use Permits for temporary uses that are supportive of economic recovery or to support businesses that were operating within Los Angeles County but displaced by the Regional Fires, which the Director has determined will be compatible with the purposes of the district and surrounding land uses, will provide Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
4.F.a
Packet Pg. 764 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 12 additional opportunity for displaced businesses and economic recovery for local businesses; and
WHEREAS, after an initial higher volume of requests for Tier 1 priority due to impacts from the regional fires on the City's Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist, requests have dropped significantly in recent months, with only one request for Tier 1 priority submitted to the Housing Division from October 1 through October 22, 2025, evidencing demand for the preference has largely subsided; and
WHEREAS, the 6-month period of Tier 1 priority on the Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist that was granted under the Second Revised Executive Order to eligible persons impacted by the Regional Fires has expired for initial persons that were awarded the priority and will expire soon for others; and
WHEREAS, as the Emergency Housing Voucher (EHV) program sunsets and federal funding winds down, it is vital for the Housing Authority to focus its limited voucher program staff capacity on maintaining housing stability for current voucher program participants, particularly those transitioning from the EHV program into the Section 8 Housing Choice Voucher program to prevent displacement and homelessness; and WHEREAS, in adopting SMMC Chapter 6.22 on September 9, 2020, the City Council found and declared that, “the City’s rental housing stock should, to the extent possible, be preserved for use as long-term permanent housing”; and WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.22, Residential Leasing Requirements, as to persons who rent to persons displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
4.F.a
Packet Pg. 765 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 13 housing opportunities for displaced persons in need of medium-term and furnished housing who were unable to return to their homes for months after the fires; and WHEREAS, the demand for new medium-term furnished housing units among displaced persons has substantially decreased, as many households now have long term plans in place for rebuilding or permanently relocating, and the demand for permanent housing in Santa Monica remains high; and
WHEREAS, temporary housing, with lease terms of more than thirty days but less than a year, typically has a higher monthly price point than rental housing subject to annual leases, thereby increasing market pressure on rents and diminishing the supply of units available for permanent residence; and
WHEREAS, further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales, will provide additional opportunities for economic recovery for local businesses.
NOW, THEREFORE, I, Oliver Chi, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
4.F.a
Packet Pg. 766 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 14 IT IS HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Supplements, and this Tenth Supplement.
2. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on April 30, 2026, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services. Notwithstanding the effective date of this Supplement, the provisions of this Section shall be effective as of March 1, 2026.
ADOPTED this 18th day of March 2026.
ATTEST:
__________________________ By: _____________________________
DENISE ANDERSON-WARREN OLIVER CHI
Interim City Clerk City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
HEIDI VON TONGELN
Interim City Attorney
Docusign Envelope ID: 53AAC95A-0945-414F-95EE-953E6BCB1DB3
4.F.a
Packet Pg. 767 Attachment: A-RESO Ratification of Emergency Proclamation and Supplement (Regional Fires) 03.24.26 (7388 : Fire Emergency Order 1 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, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 acres as of the time this Proclamation is issued; and
4.F.b
Packet Pg. 768 Attachment: B-Executive Order Local Emergency January 8, 2025 (7388 : Fire Emergency Order Extension) 2 That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.
4.F.b
Packet Pg. 769 Attachment: B-Executive Order Local Emergency January 8, 2025 (7388 : Fire Emergency Order Extension) 3 That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 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 and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
4.F.b
Packet Pg. 770 Attachment: B-Executive Order Local Emergency January 8, 2025 (7388 : Fire Emergency Order Extension) 4 That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state 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 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.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.
2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapters
6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations,
4.F.b
Packet Pg. 771 Attachment: B-Executive Order Local Emergency January 8, 2025 (7388 : Fire Emergency Order Extension) 5 as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.
4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161;
5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including serving a notice to terminate tenancy based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.
6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.
The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person.
4.F.b
Packet Pg. 772 Attachment: B-Executive Order Local Emergency January 8, 2025 (7388 : Fire Emergency Order Extension) 6 b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.
7. All previously-issued building permits for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
4.F.b
Packet Pg. 773 Attachment: B-Executive Order Local Emergency January 8, 2025 (7388 : Fire Emergency Order Extension) 7 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
4.F.b
Packet Pg. 774 Attachment: B-Executive Order Local Emergency January 8, 2025 (7388 : Fire Emergency Order Extension) 8 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
ADOPTED this 8th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
4.F.b
Packet Pg. 775 Attachment: B-Executive Order Local Emergency January 8, 2025 (7388 : Fire Emergency Order Extension) 1 REVISED PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY (by the Director of Emergency Services and ratified
by the City Council on January 10, 2025)
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, a life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is expected at least through Thursday, January 9, 2025, and possibly extending indefinitely, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
4.F.c
Packet Pg. 776 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7388 : Fire Emergency Order Extension) 2 That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
That on January 7, 2025, the Palisades Fire ignited in Los Angeles County, burning over 15,800 20,000 acres as of the time this Proclamation is issued; and That high winds, low humidity, and dry conditions have increased the intensity and spread of the Palisades Fire, causing imminent threat to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Palisades Fire and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Palisades Highlands community; and
That, along with the windstorm, the Palisades Fire has already spread across 15,800 more than 20,000 acres damaging or destroying structures and prompting evacuation orders and road closures and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire
4.F.c
Packet Pg. 777 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7388 : Fire Emergency Order Extension) 3 behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Palisade there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response.
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and That 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 a and
4.F.c
Packet Pg. 778 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7388 : Fire Emergency Order Extension) 4 That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to mandatory evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and
That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Palisades Fire; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state 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 Palisades Fire has already displaced thousands of residents who are in need of temporary housing; and
4.F.c
Packet Pg. 779 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7388 : Fire Emergency Order Extension) 5 -sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords and local businesses to house those displaced by the Palisades Fire; and
That tenants who wish to accommodate persons displaced by the Palisades Fire on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; 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 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.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by
4.F.c
Packet Pg. 780 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7388 : Fire Emergency Order Extension) 6 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Palisades Fire may operate within the City non-residential zones on a temporary basis without first obtaining a Conditional Use Permit.
2. Preferential parking rules are hereby suspended for residents that provide accommodations to persons displaced by the Palisades Fire.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapters
6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Palisades Fire only, is suspended.
4. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161, including but not limited consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.36.161 4.32.161;
5. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Palisades Fire evacuation order or warning or poor air quality conditions related to the Palisades Fire.
6. A curfew is hereby imposed in the City of Santa Monica in all areas subject to mandatory evacuation order. Pursuant to the curfew, no persons shall be upon the
4.F.c
Packet Pg. 781 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7388 : Fire Emergency Order Extension) 7 public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours between sunset and sunrise, for so long at the mandatory evacuation order is effective.
The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments
4.F.c
Packet Pg. 782 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7388 : Fire Emergency Order Extension) 8 or to seek medical care, and representatives of the media are exempt from this Order.
7. To avoid sparks that could lead to additional sources of fires,: 1) All previously-issued building permits previously issued to persons other than the City are hereby suspended in for areas subject to mandatory Evacuation Orders or an Evacuation Warning are suspended.; and 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph.
a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
4.F.c
Packet Pg. 783 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7388 : Fire Emergency Order Extension) 9 c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
8. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
9. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
4.F.c
Packet Pg. 784 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7388 : Fire Emergency Order Extension) 10 10. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
ADOPTED this 10th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until January 15, 2025, on which date it expires unless confirmed and ratified by the City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
4.F.c
Packet Pg. 785 Attachment: C-Revised Executive Order Local Emergency January 10, 2025 (7388 : Fire Emergency Order Extension) 1 SECOND 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
WHEREAS, the Director of Emergency Services of the City of Santa Monica does hereby find:
That, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, and is continuing as of this date, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
That the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, are expected across most of Los Angeles metropolitan area; and
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Packet Pg. 786 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 2 That commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
That high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and That the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
That, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
That, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and
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Packet Pg. 787 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 3 That, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and That, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
That on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
That, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and That, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; and
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Packet Pg. 788 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 4 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 orders; and
That, in consultation with the Chief of Police, it has been determined that in light of the continued threat of theft and looting in areas subject to evacuation orders, the safety of the public, and public and private property, within the City of Santa Monica, requires the imposition of a curfew within evacuated areas of the City of Santa Monica; and That 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, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety; and That, in the interest of public order and safety, as affected by this emergency, it is necessary to exercise my authority pursuant to Section 2.16.060 of the Santa Monica Municipal Code to issue this order imposing a curfew related to the protection of life and property in certain areas of the City; and
That, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and That the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and
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Packet Pg. 789 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 5 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 Regional Fires have already displaced many thousands of residents who are in need of temporary housing; and
-sharing and residential leases as set
forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
That tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
That in areas subject to Mandatory Evacuation Orders and Evacuation Warnings, the risk of fires being started by construction, and in areas subject to Mandatory Evacuation Orders, the risk of fires being started by landscaping activity is unreasonably high and could stretch already limited resources beyond their capacity; and That the City Council of the City of Santa Monica ratified the existence of the emergency on January 9, 2025.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED and restated that a local emergency and now exists throughout the City;
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Packet Pg. 790 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 6 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.
IT IS FURTHER PROCLAIMED AND ORDERED THAT:
1. Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
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Packet Pg. 791 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 7 2. Parking regulations are hereby modified to allow residents to obtain 30 day Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits (excluding the Central Zone and for beach zone residents only) for up to two vehicles (per residential address) for persons displaced by the Regional Fires residing with them for the duration of the declared emergency. At the end of the 30 day period, the permit can be renewed for an additional 30 days if the declared emergency is still in place.
3. Enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not,
residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
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Packet Pg. 792 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 8 4.
waitlist - households impacted by the Regional Fires who are income qualified and:
have minor children currently attending SMMUSD schools; or work in Santa Monica at least 25 hours/week
shall be given Tier 1 priority on for 6 months,
suspending the current Tier 1 requirement that a household be displaced from a resi
preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
5. The prohibitions on price gouging for goods and services set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161, including but not limited of consumer goods, emergency cleanup supplies, and repair and reconstruction services, and for housing costs, including hotel and motel rates and rental housing prices, are hereby triggered by this proclamation and shall remain in effect for the time periods set forth in Penal Code Section 396 and Santa Monica Municipal Code Section 4.32.161.
6. During the period of the local emergency, no landlord shall endeavor to evict a residential tenant, including but not limited to serving or filing a notice to terminate tenancy or unlawful detainer complaint, based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to a Regional Fire evacuation order or warning or poor air quality conditions related to the Regional Fires.
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Packet Pg. 793 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 9 7. A curfew is hereby imposed in the City of Santa Monica in all areas subject to Mandatory Evacuation Orders or an Evacuation Warning. Pursuant to the curfew, no persons shall be upon the public streets, avenues, alleys, parks, ways, or any other public place or upon unimproved private real property in the specified areas of the City of Santa Monica between the hours 6 p.m. and 6 a.m., for so long at the evacuation orders are effective. The City shall take all reasonable measures to provide notice to the public of the existence and terms of this curfew order.
a. The law enforcement personnel of this City along with other law enforcement authorities cooperating with the City are hereby authorized and charged to the extent provided by law with the responsibility of enforcing this curfew, and are further authorized to arrest any such person as does not obey this curfew after due notice, oral or written, has been given to that person. b. A violation of the curfew shall be punishable as a misdemeanor pursuant to Section 2.16.100(2) of the Santa Monica Municipal Code. c. The curfew shall also be enforceable through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Administrative citation may be issued by and City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090.
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Packet Pg. 794 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 10 d. Law enforcement personnel, firefighting personnel, emergency health care providers, civilians engaged in police or emergency work, individuals traveling to and from work, individuals traveling to and from medical appointments or to seek medical care, and representatives of the media are exempt from this Order.
8. To avoid sparks that could lead to additional sources of fires: 1) building permits previously issued to persons other than the City itself are hereby suspended in areas subject to Mandatory Evacuation Orders or an Evacuation Warning; 2) all landscaping activities are hereby prohibited in areas subject to a Mandatory Evacuation Order; and 3) all outdoor open flames in the City shall be prohibited during times of red flag warnings. The time to complete work under such previously-issued building permits shall be tolled during the period of suspension under this paragraph. a. Violations of this seventh paragraph shall be enforceable by the Santa Monica Police Department and any City Officer or employee granted authority to issue written notices to appear pursuant to Santa Monica Municipal Code Section 3.36.090 as misdemeanors pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code.
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Packet Pg. 795 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 11 b. Pursuant to Section 1.09.040 of the Santa Monica Municipal Code, the amount of the fine for a violation of any provision of this seventh paragraph, the amount of the fine for a violation of the curfew shall be up to a maximum of $1,000 per violation. Violations of this provision may result in suspension or revocation of any building permit previously issued.
c. Each day or portion of a day that any person violates or continues to violate this seventh paragraph constitutes a separate violation and may be charged and punished separately.
9. In accordance with Santa Monica Municipal Code Section 2.24.240, Procurement for Emergency Needs, the City Manager, the Emergency Services Manager, the Purchasing Agent, or designees delegated in accordance with Section
2.24.240(b) may:
a. Shorten or waive all required notice periods and competitive solicitation procedures set forth in this Chapter;
b. Secure in the open market at the best reasonable price, contracts for public works projects, goods and services;
c. Negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or obtain emergency aid, assistance or services to the City of Santa Monica; and
d. Contract for the immediate expenditure of public funds to safeguard life, health or property.
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Packet Pg. 796 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 12 10. In accordance with Santa Monica Municipal Code Section 2.16.090, any expenditures made in connection with the emergency activities under this Proclamation, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Monica.
11. Bed and Breakfasts, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(a), and hotels and motels, as that term is defined by Santa Monica Municipal Code Section 9.51.030(B)(15)(b), may allow hotel stays beyond 30 days.
12. Pursuant to California Government Code section 8625, the City requests that the Governor proclaim a State of Emergency in the area affected by the Regional Fires.
13. Pursuant to California Government Code, Title 2, Division 1, Chapter 7.5 (California Disaster Assistance Act), the City requests financial and recovery assistance be made available, and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs.
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Packet Pg. 797 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 13 ADOPTED this 14th day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
This proclamation has been issued in accordance with applicable law and is in effect and carries the force of law until terminated by the Santa Monica City Council.
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 798 Attachment: D-Second Revised Executive Order Local Emergency January 14, 2025 (7388 : Fire Emergency Order Extension) 1 FIRST SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and
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Packet Pg. 799 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
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Packet Pg. 800 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 and
WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
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Packet Pg. 801 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 4 WHEREAS, -sharing and residential leases
as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Order of the Director of Emergency Services of the City of Santa Monica Declaring the pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject
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Packet Pg. 802 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant
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Packet Pg. 803 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools oning districts that are
subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and
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Packet Pg. 804 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments;
WHEREAS, the Revenue Division has received requests from multiple hotels requesting a 30-
Tourism Marketing District Assess
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
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Packet Pg. 805 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority ; and
is in alignment
with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica.
NOW, THEREFORE, I; David White, the Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT IS HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by this First Supplement.
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Packet Pg. 806 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 9 2. Section 1 of the Second Revised Executive Order is hereby amended as follows:
Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires may operate within the City non-residential zones on as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit.
Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be waived for the month of February 2025.
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Packet Pg. 807 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 10 4. Upon written request of a hotel or motel subject to the TOT and TMD, the Finance Department may grant a 30-day extension for the payment of TOT and TMD for the December 2024 reporting period. If an extension is granted, the payment deadline would be extended to February 28, 2025 for the December 2024 reporting period.
5. Section 4 of the Second Revised Executive Order is hereby amended as follows:
Tier 1 priority Priority for displaced lower income households Market Housing (BMH) waitlist shall be given to displaced households impacted by the Regional Fires who are income qualified and impacted by the Regional Fires and:
have minor children currently attending SMMUSD or local Santa Monica schools; or
worked in Santa Monica, prior to the Regional Fires, at least 25 hours/week; or are Santa Monica residents and experienced a job loss as a direct result of the Regional Fires
Tier 1 priority on the Santa Monica Housing Authority waitlist shall be given to displaced households who are income qualified, meet voucher eligibility requirements, are impacted by the Regional Fires and:
are Santa Monica residents and experienced job loss as a direct result of the Regional Fires; or
replacement
Housing and Urban Development (HUD) Housing Quality Standards (HQS)) or that is adequate for the household size (according to HUD HQS), or living in housing not pursuant to a lease agreement).
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Packet Pg. 808 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 11 These households would be eligible for referrals to:
Project-Based Voucher (PBV) buildings; or
Continuum of Care (CoC) vouchers; or
Section 8 Housing Choice Vouchers (HCV)
An individual may apply during the period of this Emergency Order and will maintain priority on the Santa Monica Housing Authority or BMH waitlist for 6 months. The adjustment to the local preference criteria should be viewed as a temporary expansion of the rule, made in alignment with broader regional emergency efforts to assist those affected. However, the longstanding live/work priority (Tier 2) will remain in place. suspending the current Tier 1 requirement that a household be displaced from a preference rule allows prioritization of families displaced by the fire, and individuals who work in Santa Monica, ahead of current applicants who live or work in Santa Monica but do not otherwise qualify for Tier 1 priority.
ADOPTED this 31st day of January 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
DAVID WHITE
City Manager
Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 809 Attachment: E-First Supplement to Executive Order Local Emergency January 31, 2025 (7388 : Fire Emergency Order Extension) 1 SECOND SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50- 80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 810 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 811 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 812 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 4 WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 813 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 5 to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 814 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 6 Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 815 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 816 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 817 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 818 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.
NOW, THEREFORE, I; Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First Supplement and this Second Supplement.
2. Section 1 of the Second Revised Executive Order as amended by the First Supplement to the Executive Order is hereby amended as follows:
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 819 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 11 Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s non-residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. Section 3 of the Second Revised Executive Order is hereby amended and shall read in its entirety as follows:
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 820 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 12 Enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended through and including April 18, 2025; and enforcement of Santa Monica Municipal Code 6.22.050, 6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City, is suspended; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those displaced to remain in their alternative accommodations, whether furnished or not, residence or not, including with a lease for a term less than one year to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
This section does not provide a basis for a short-term rental host, home-sharing host, or landlord to do any of the following: (a) unilaterally terminate a short-term rental agreement, home-share agreement, or rental housing agreement before the end of the agreed upon rental period; (b) evict or otherwise compel a person who has established a tenancy to vacate a rental unit without judicial process; or (c) terminate a tenancy that is subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by the applicable just cause eviction law. This section also does not require a short-term rental host, home-share host, or landlord to cease renting to a person occupying the rental unit on or before April 19, 2025, so long as the rental period is for at least 31 consecutive days.
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 821 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 13 4. Upon written request, made on or before April 30, 2025, of a hotel or motel subject to the TOT and TMD, and impacted by the regional fires, the Finance Department may grant a 30-day extension for the payment of TOT and TMD due.
5. Notwithstanding anything to the contrary in the Santa Monica Municipal Code or permits issued by the City of Santa Monica, enforcement of the following provisions of Santa Monica Municipal Code Sections 9.31.280, Restaurants, LimitedService and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements, as applicable, are hereby suspended for businesses that: (1) have obtained and are operating under license to sell alcoholic beverages from the California Department of Alcoholic Beverage Control (ABC); and (2) have obtained and are operating under a Conditional Use Permit or Alcohol Exemption issued by the City of Santa Monica, or are operating as an existing alcohol outlet without a Conditional Use Permit pursuant to Section 9.31.040 of the Santa Monica Municipal Code, including, but not limited to, Eating and Drinking Establishments, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8), and Commercial Entertainment and Recreation, Large Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(d), and Small Scale Facilities, as defined by Santa Monica Municipal Code Section 9.51.030(B)(7)(e):
A. Restrictions on hours of operation and hours of alcohol service.
B. Prohibitions against serving alcohol in any disposable container such as disposable plastic or paper cups, except for special events.
C. Limitations on percentage of total gross revenues per year from alcohol sales.
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 822 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 14 D. Limitations on the number of 3 television screens including video projectors or similar audio/visual devices permitted to be utilized on the premises, including limitations on size of screens.
E. Prohibitions against providing billiard/pool tables, video or amusement games, bowling, darts, and other similar entertainment activities.
F. Prohibitions against liquor bottle service, including provisions limiting wine and beer bottle service unless full meal service is provided concurrent with the bottle service, and requirements that all food items shall be available from the full service menu.
For purposes of this provision, bottle service shall mean the service of any full bottle of liquor, wine, or beer of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer.
G. Prohibitions against establishments, except for special events, organizing or participating in organized “pub-crawl” events where participants or customers prepurchase tickets or tokens to be exchanged for alcoholic beverages at the restaurant.
H. Requirements that, if a counter service area is provided, food service shall be available at all hours the counter is open for patrons and the counter area shall not function as a separate bar area.
I. Requirements that the primary use of any outdoor dining area shall be for seated meal service and that patrons who are standing in the outdoor seating area shall not be served.
J. For Restaurants, Full Service, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(b), and Restaurants, Limited-Service and Take-Out, as defined by Santa Monica Municipal Code Section 9.51.030(B)(8)(c):
1. Limitations on the number of indoor or outdoor seats; and Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1
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Packet Pg. 823 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 15 2. Requirements that the primary use of the premises shall be for sitdown meal service to patrons.
K. For Restaurants with Entertainment subject to the provisions of Santa Monica Municipal Code Section 9.31.290, requirements that:
1. There is sit down meal service provided at all times while the entertainment is taking place;
2. The entertainment is provided only in the dining areas; and
3. There is no cover charge or minimum drink purchase requirement.
The provisions of this Section 5 of this Second Supplement shall terminate on April 30, 2025 at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.
ADOPTED this 20th day of March 2025.
ATTEST:
______________________ By: ______________________
NIKIMA NEWSOME
City Clerk
ELAINE POLACHEK
Interim City Manager
Interim Director of Emergency
Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 05CEB313-4BDE-4A3F-B9C0-004AB6CBD0D1 3/20/2025
3/20/2025
3/20/2025
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Packet Pg. 824 Attachment: F-Second Supplement to Executive Order Local Emergency March 19, 2025 (7388 : Fire Emergency Order Extension) 1 CITY OF SANTA MONICA
THIRD SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica, County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service has advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres as of the time this Proclamation is issued; and
WHEREAS, high winds, low humidity, and dry conditions have increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph forecasted; and WHEREAS, the Regional Fires and windstorm conditions threaten structures, homes, and critical infrastructure, including power lines and water tanks, and have prompted evacuation orders and warnings and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 825 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires have already spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continue to threaten structures, homes and critical infrastructure; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system has caused, or is substantially likely to cause, extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, there exists the potential that these events are likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 826 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, the City’s regulations related to home-sharing and residential leases as set forth in Santa Monica Municipal Code Chapters 6.20 and 6.22, and prohibition against stays of longer than 30 days in bed and breakfasts and hotels may impede the Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 827 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 4 ability of residents, landlords, and local businesses to house those displaced by the Regional Fires; and
WHEREAS, tenants who wish to accommodate persons displaced by the Regional Fires on a temporary basis may be restricted from doing so by lease terms limiting the number of occupants or pets in a residential unit; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 828 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 5 emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 829 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 6 the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires have destroyed more than 17,000 structures; and
WHEREAS, the damage caused by the Regional Fires has left thousands displaced due to loss of housing or inability to access their homes due to safety reasons; and;
WHEREAS, schools located in the City’s residential zoning districts that are subject to occupancy limitations under previously-issued Conditional Use Permits (CUPs) have received requests to accommodate students from other campuses operated by the school that were impacted by the Regional Fires; and
WHEREAS, increasing occupancy limitations for those schools will allow for students displaced by the Regional Fires to continue their education; and WHEREAS, before the Regional Fires, local restaurants had been impacted by inflation and the continuing rise in operating costs; and WHEREAS, Santa Monica restaurant operators are reporting year-on-year sales for the month of January dropped between 10 and 20 percent, with more significant impact in areas with restricted access due to the Regional Fires, including the beach and the Santa Monica Pier, reporting sales down by 20-40%; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 830 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 7 WHEREAS, although outdoor dining options have continued to serve as popular options for customers seeking to enjoy the year-round Southern California climate and sunshine, the Regional Fires caused hazardous air quality, limiting restaurant’s ability to utilize outdoor dining areas for parts of the month of January; and WHEREAS, without relief, the drop in revenue resulting from Regional Fires may result in layoffs of staff or even closure; and
WHEREAS, waiving license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025 will provide Santa Monica restaurants, and other businesses with outdoor dining options, some economic relief to help remain open and support their overall business recovery; and WHEREAS, as a result of the recent Regional Fires, hotels and motels in Santa Monica are experiencing major cancellations on both the rooms and events, with large groups pulling their business through February and into March; and WHEREAS, these cancellations are causing a significant financial impact to many hotels and motels, some of which are struggling to manage their financial commitments; and
WHEREAS, the City’s Revenue Division has received requests from multiple hotels requesting a 30-day extension for the Transient Occupancy Taxes (“TOT”) and the Tourism Marketing District Assessment (“TMD”); and
WHEREAS, Section 6.68.050 of the Santa Monica Municipal Code requires the payment of TOT on the first business day of each month and imposes a penalty 10% if the TOT is not paid by the last day of the month; and
WHEREAS, the TMD is collected per occupied room per night at fixed rates depending on average daily rate; and
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 831 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 8 WHEREAS, the TMD assessments are collected at the same time and manner as the TOT pursuant to Streets and Highways Code Section 36631 and Resolution Number 11005 (CCS); and
WHEREAS, Santa Monica Travel and Tourism supports a 30 day extension for the TOT and TMD due for December 2024;
WHEREAS, the Regional Fires’ destruction of homes and businesses has resulted in significant job losses, including jobs for lower income families and an estimated loss of up to 35,000 jobs held by Latinos alone; and
WHEREAS, these job losses will make it more difficult for lower income families to afford market rents without assistance from programs such as those administered by the Santa Monica Housing Authority or the City’s Below Market Housing waitlist; and WHEREAS, temporarily adjusting criteria for local preferences on the City’s Below Market Housing waitlist and the Santa Monica Housing Authority’s waitlist is in alignment with broader regional emergency efforts to assist those in need of housing as a result of the Regional Fires, without disturbing the longstanding priority for individuals who live or work in Santa Monica; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 832 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 9 for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, existing schools located in the City are continually receiving requests to accommodate students that were impacted by the Regional Fires; and WHEREAS, permitting expansions of those existing schools to operate as a temporary use in the City’s non-residential zones will allow for students displaced by the Regional Fires to continue their education; and
WHEREAS, the temporary suspension of enforcement of SMMC Chapter 6.20, Home-sharing and Vacation Rentals, as to hosting guests displaced by the Regional Fires pursuant to Section 3 of the Second Revised Executive Order expanded the number of temporary housing units available for rent for 30 days or less; and WHEREAS, the need among persons displaced by the Regional Fires for shortterm housing two months after the Regional Fires has substantially diminished, and is now being surpassed by the need for long-term and permanent housing for those persons who lost their homes in the Regional Fires; and
WHEREAS, the use of rental properties for short-term rentals for 30 days or less limits the supply of housing available for long-term rental to meet this need; and WHEREAS, hosts and fire-displaced occupants of home-shares and vacation rentals are entitled to reasonable advance notice of when enforcement of the provisions of SMMC Chapter 6.20 will resume to facilitate compliance; and Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 833 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 10 WHEREAS, hotels and motels in Santa Monica continue to experience major cancellations on both rooms and events as a result of the Regional Fires; and WHEREAS, expanding the opportunity for a 30-day extension for TOT and TMD due to any request filed with the City prior to April 30, 2025 will offer further support to the City’s hotels and motels and assist with lessening financial burdens caused by the Regional Fires; and
WHEREAS, restaurants and other businesses that are licensed to serve alcoholic beverages have reported a continuing loss of revenue due to impacts of the Regional Fires in addition to the economic conditions existing before the Regional Fires, including, but not limited to, inflation and the continuing rise in operating costs; and WHEREAS, a temporary suspension of enforcement of certain City regulations related to alcohol sales will provide opportunities for these businesses to recoup financial losses caused by the Regional Fires.
WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) suspend enforcement of the provisions of Santa Monica Municipal Code Chapter 6.20 HomeSharing and Vacation Rentals through and including April 18, 2025 and clarify that shortterm rental hosts, home-sharing hosts, or landmarks may not unilaterally terminate rental agreements before the end of the agreed upon rental period, evict or compel a person who has established a tenancy to vacate a rental unit without judicial process, or terminate a tenancy subject to Article XVIII or XXIII of the City Charter, or Section 1946.2 of the Civil Code, for a reason other than one provided by applicable law; 3) expand a 30-day Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 834 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 11 extension for payment of TOT and TMD; and 4) suspend certain provisions of Santa Monica Municipal Code Sections 9.31.280 and 9.31.290 for specified businesses; and WHEREAS, restaurants in the City are reporting ongoing losses of revenue through March 2025 due to the impacts of the Regional Fires and thus discounting license fees by 50% for the month of March for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining will continue to provide Santa Monica restaurants and other businesses with outdoor dining options some economic relief to help them remain open and support their overall business recovery.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First Supplement, Second Supplement, and this Third Supplement.
2. License fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining, shall be discounted by 50% for the month of March 2025.
ADOPTED this 28th day of March 2025.
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Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 835 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 12 ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 788EC88C-371A-490B-88CC-B3DABE782B64
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Packet Pg. 836 Attachment: G-Third Supplement to Executive Order Local Emergency March 28, 2025 (7388 : Fire Emergency Order Extension) 1 FOURTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 837 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7388 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 838 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7388 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 839 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7388 : Fire Emergency Order Extension) 4 WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 840 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7388 : Fire Emergency Order Extension) 5 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 841 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7388 : Fire Emergency Order Extension) 6 WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 842 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7388 : Fire Emergency Order Extension) 7 suspension of enforcement of the provisions of Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, as against persons who provide alternative accommodations within the City of Santa Monica to persons displaced by the Regional Fires is suspended; and enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, as against persons who (a) provide alternative accommodations within the City of Santa Monica to natural persons displaced by the Regional Fires and (b) sublease no more than one rental housing unit within the City through and including April 18, 2025 and clarify that persons occupying a rental unit pursuant to these provision receive tenant protections; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, on March 19, 2025, the Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 843 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7388 : Fire Emergency Order Extension) 8 WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second and Third Supplements, and this Fourth Supplement.
2. Section 1 of the Second Revised Executive Order as amended by the First and Second Supplements to the Executive Order is hereby amended as follows:
Schools, as that term is defined by Santa Monica Municipal Code Section
9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 844 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7388 : Fire Emergency Order Extension) 9 Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s non-residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; in addition, small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City as a temporary permitted use without first obtaining a Temporary Use Permit. Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.
City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E
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Packet Pg. 845 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7388 : Fire Emergency Order Extension) 10 3. Schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown shall be eligible for discounted monthly parking passes for the City’s Downtown parking structures pursuant to a pro rata monthly Group Discount Rate for the 35 remaining school days of the Spring 2025 Semester at a rate of $192.50 per parking pass (which equates to a daily rate of $5.50 per day).
4. Modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order shall be of no further force and effect as of April 30, 2025, and no permits shall be issued pursuant to those modified parking regulations after April 30, 2025.
ADOPTED this 16th day of April 2025.
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ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: DF13D876-AC40-4464-BB69-0EA4CCC8645E 4/16/2025
4/16/2025
4/16/2025
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Packet Pg. 846 Attachment: H-Fourth Supplement Executive Order Local Emergency April 16, 2025 (7388 : Fire Emergency Order Extension) 1 FIFTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
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Packet Pg. 847 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7388 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
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Packet Pg. 848 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7388 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
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Packet Pg. 849 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7388 : Fire Emergency Order Extension) 4 Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
4.F.i
Packet Pg. 850 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7388 : Fire Emergency Order Extension) 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
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Packet Pg. 851 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7388 : Fire Emergency Order Extension) 6 WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
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Packet Pg. 852 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7388 : Fire Emergency Order Extension) 7 and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
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Packet Pg. 853 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7388 : Fire Emergency Order Extension) 8 WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
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Packet Pg. 854 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7388 : Fire Emergency Order Extension) 9 Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, this extension will provide additional opportunities for economic recovery for local businesses.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third and Fourth Supplements, and this Fifth Supplement.
2. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on June 30, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services. //
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Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1
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Packet Pg. 855 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7388 : Fire Emergency Order Extension) 10 ADOPTED this 29th day of April 2025.
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: EAD4D7E4-519B-428F-B671-F9B1EE564BC1 4/29/2025
4/29/2025
4/29/2025
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Packet Pg. 856 Attachment: I-Fifth Supplement Executive Order Local Emergency April 29, 2025 (7388 : Fire Emergency Order Extension) 1 SIXTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
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Packet Pg. 857 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 2 WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.j
Packet Pg. 858 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.j
Packet Pg. 859 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 4 Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.j
Packet Pg. 860 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 5 WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.j
Packet Pg. 861 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 6 WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.j
Packet Pg. 862 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 7 and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.j
Packet Pg. 863 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 8 WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
WHEREAS, on April 22, 2025, the Council provided further direction to extend the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.j
Packet Pg. 864 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 9 Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025, for an additional 60 days; and
WHEREAS, on April 29, 2025, the Executive Director of Emergency Services issued a Fifth Supplement to the Second Revised Executive Order to implement Council direction from April 22 and extend the provisions of Section 5 to the Second Supplement through June 30, 2025; and
WHEREAS, on June 10, 2025, the City Council adopted Resolution Number 11668 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First, Second, Third and Fourth Supplements to the Executive Order, and ratifying the Fifth Supplement to the Executive Order; and
WHEREAS, although the immediate fire danger has subsided, the City has continued to receive requests to accommodate individuals, schools, and businesses displaced by the Regional Fires; and
WHEREAS, the City has received additional inquiries from displaced schools, early childhood education centers, and small businesses seeking flexibility from regulations in order to temporarily or permanently relocate to the City; and WHEREAS, allowing for this additional flexibility will support displaced residents, students and businesses in their recovery from the Regional Fires while further supporting the City’s economic recovery efforts; and
WHEREAS, local businesses have reported that they are still experiencing economic impacts from the Regional Fires and face resulting economic uncertainty; and Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.j
Packet Pg. 865 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 10 WHEREAS further extending the provisions of Section 5 of the Second Supplement to the Emergency Order, which suspended certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and
9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales, will provide additional opportunities for economic recovery for local businesses.
NOW, THEREFORE, I, Elaine Polachek, the Interim Director of Emergency Services for the City of Santa Monica, do hereby issue the following supplemental order to become effective immediately, subject to ratification by the Council as may be required by the Municipal Code.
IT HEREBY ORDERED THAT:
1. The Second Revised Executive Order shall continue in full force and effect, except as modified and supplemented by the First, Second, Third, Fourth and Fifth Supplements, and this Sixth Supplement.
2. Section 1 of the Second Revised Executive Order, as amended by the First, Second and Fourth Supplements to the Executive Order, is hereby amended as follows:
A. Within the City’s non-residential zones:
1. Schools, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(11), and Child Care and Early Education Facilities, as that term is defined by Santa Monica Municipal Code Section 9.51.030(A)(3) that were displaced by the Regional Fires or expansions to existing schools to accommodate students displaced by the Regional Fires may operate within the City’s nonDocusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
4.F.j
Packet Pg. 866 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 11 residential zones as a temporary use without first obtaining a Conditional Use Permit or a Temporary Use Permit; and
2. in addition, small Small businesses, as that term is defined by the United States Small Business Administration at 13 CFR § 121.105, and nonprofit organizations, that were operating in Los Angeles County and have been impacted or displaced by the Regional Fires may operate within the City without first obtaining a Conditional Use Permit, or as a temporary permitted use without first obtaining a Temporary Use Permit.
B. Within the City’s Residential Zones, Schools with existing Conditional Use Permits in residential zones that are subject to occupancy limitations may expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; Child Care and Early Education Facilities displaced by the Regional Fires may operate as a permitted use in existing buildings that were previously used as Child Care and Early Education Facilities.
C. Prior to occupancy and upon request by the City, schools operating or expanding under this Section shall submit a Parking and Loading Operations Plan to the Director of the Community Development Department for review and approval, which may be amended from time to time.
D. City Staff shall also prioritize any necessary permitting and inspections required, and strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; since it is the intent to accommodate those affected beyond the immediate fire emergency threat, City Staff are also directed to prepare and offer for Council approval solutions that would allow those schools, child care and early education facilities, small businesses and nonprofits Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB
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Packet Pg. 867 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 12 displaced and temporarily relocating pursuant to this provision to remain for six to twelve months (or longer, as may be directed by Council) following their displacement.
3. The provisions of Section 5 of the Second Supplement are hereby extended and shall terminate on August 31, 2025, at 11:59 p.m., unless extended or expressly superseded by a further order of the Director of Emergency Services.
ADOPTED this 26th day of June 2025.
ATTEST:
___________________ By: _____________________________
NIKIMA NEWSOME ELAINE POLACHEK
City Clerk Interim City Manager
Interim Director of Emergency Services
APPROVED AS TO FORM:
______________________
DOUGLAS SLOAN
City Attorney
Docusign Envelope ID: 507CD99A-1B65-40BF-A691-63FA9E08A6CB 6/26/2025
6/26/2025
6/26/2025
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Packet Pg. 868 Attachment: J-Sixth Supplement Executive Order Local Emergency June 26, 2025 (7388 : Fire Emergency Order Extension) 1 SEVENTH SUPPLEMENT TO THE EXECUTIVE ORDER OF THE DIRECTOR OF
EMERGENCY SERVICES DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, life-threatening, destructive, widespread windstorm and extreme fire weather system commenced on Tuesday, January 7, 2025, impacting the Los Angeles metropolitan area, including the City of Santa Monica and the County and City of Los Angeles, and threatening life and safety, public and private property and structures, and other critical infrastructure; and
WHEREAS, the National Weather Service advised that damaging N/NE gusts of 50-80 mph, as well as isolated 80-100 mph in the mountains and foothills, were expected across most of Los Angeles metropolitan area; and
WHEREAS, commencing on January 7, 2025, the Palisades Fire and other major fires, including, but not limited to, the Eaton Fire located primarily in Altadena (Regional Fires) ignited in Los Angeles County, burning over well over 40,000 acres; and WHEREAS, high winds, low humidity, and dry conditions increased the intensity and spread of the Regional Fires, causing imminent threats to life with Red Flag warnings in effect in Los Angeles and Ventura Counties and widespread dangerous windstorm conditions with damaging wind gusts of 50 to 80 mph were forecasted; and Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
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Packet Pg. 869 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7388 : Fire Emergency Order Extension) 2 WHEREAS, the Regional Fires and windstorm conditions threatened structures, homes, and critical infrastructure, including power lines and water tanks, prompted evacuation orders and warnings, and impacted the access route to the Regional Fires communities; and
WHEREAS, along with the windstorm, the Regional Fires spread across more than 40,000 acres, damaging or destroying structures and prompting evacuation orders and road closures, and continued to threaten structures, homes and critical infrastructure over multiple days; and
WHEREAS, the National Weather Service issued a rare Particularly Dangerous Situation (PDS) Red Flag warning for 19 million people in the Los Angeles metropolitan area, which means there is a high risk of extreme fire behavior and very rapid growth due to dangerously high winds, low humidity and extremely dry vegetation; and WHEREAS, this weather system caused extreme conditions such as power outages, damage to power poles, fallen trees, and extreme fire behavior, impacting significant transportation arteries, requiring long-term repair and threatening the integrity of the critical infrastructure; and
WHEREAS, based upon the above events, by reason of its magnitude, and the need to protect the health, safety, and welfare of the residents and property of the City of Santa Monica, and aid in the assistance of those affected by the Regional Fires, these events created conditions likely to become beyond the control of the normal services, personnel, equipment, and facilities of the regularly constituted branches and departments of the City Government, and that such emergency conditions require the mobilization of mutual aid resources and the ability to coordinate a multiagency response; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
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Packet Pg. 870 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7388 : Fire Emergency Order Extension) 3 WHEREAS, on January 7, 2025, as a result of the widespread windstorm and extreme fire weather, the Los Angeles County Board of Supervisors proclaimed a Local Emergency in the County of Los Angeles; and
WHEREAS, on January 7, 2025, the Mayor of the City of Los Angeles declared the existence of a Local Emergency throughout the City of Los Angeles to take such steps that are necessary for the protection of life and property; and WHEREAS, on January 7, 2025, the Governor of the State of California declared a state of emergency to make additional resources available; 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, 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 WHEREAS, on January 7, 2025, the City activated its Emergency Operations Center to support ongoing emergency actions in response to the spread of the Regional Fires; and
WHEREAS, the City intends to continue to take bold and aggressive actions to protect the public health and safety during this local and state emergency; and WHEREAS, the above-described events created 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, the Regional Fires have displaced many thousands of residents who are in need of temporary housing; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
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Packet Pg. 871 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7388 : Fire Emergency Order Extension) 4 WHEREAS, on January 8, 2025, the City Manager, in his role as the Director of Emergency Services, (“Executive Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability an effective response to the Regional Fires; and
WHEREAS, pursuant to the Executive Order, the Executive Director of Emergency Services further: 1) relaxed permitting requirements for schools and child care and early education facilities that were displaced; 2) suspended preferential parking rules and enforcement of Santa Monica Municipal Code Chapters 6.20, Home-Sharing and Vacation Rentals, and 6.22, Residential Leasing Regulations for persons who provide alternative accommodations to persons displaced; 3) triggered prohibitions on pricegouging under the Santa Monica Municipal Code and the California Penal Code; 4) prohibited landlords from evicting residential tenants based on the presence of unauthorized occupants or pets, if the occupant or pet has been displaced due to an evacuation order or poor air quality conditions; 5) imposed a curfew in all areas subject to a mandatory evacuation order; 6) suspended all previously-issued building permits for areas subject to mandatory evacuation orders and evacuation warnings; 7) triggered emergency procurement and expenditure provisions under Chapter 2.16; and 8) permits bed and breakfasts and hotels and motels to allow stays beyond 30 days; and WHEREAS, on January 10, 2025, the Executive Director of Emergency Services issued a Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Revised Executive Order”) restating the declaration of local emergency, and 1) prohibiting landscaping activities in Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
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Packet Pg. 872 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7388 : Fire Emergency Order Extension) 5 areas subject to a Mandatory Evacuation Order; and 2) making other minor amendments and clarifications; and
WHEREAS, on January 10, 2025, at a Special Meeting of the City Council, the Council adopted Resolution Number 11639 (CCS) to: 1) ratify the Executive Order and Revised Executive Order; 2) proclaim a local emergency throughout the City; and 3) authorize the Executive 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 Regional Fires; and
WHEREAS, on January 10, 2025, the City Council further directed staff to supplement the Executive Order to: 1) relax permitting requirements for small businesses and nonprofit organizations that were operating in Los Angeles County and have been impacted by the Regional Fires: 2) prioritize any necessary permitting and inspections for displaced schools, early childhood education centers, small businesses and nonprofit organizations, and clarify that strict adherence to building codes shall not be required on this temporary basis unless the provision directly affects health and safety; 3) grant priority on the City’s below market housing waitlist to households displaced by the Regional Fires with minor children currently attending SMMUSD schools or that work in the City at least 25 hours per week; 4) prohibit open flames during times of red flag warnings; and 5) make other minor clarifications and corrections; and WHEREAS, on January 14, 2025, the Executive Director of Emergency Services issued a Second Revised Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Second Revised Executive Order”) to implement Council direction; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
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Packet Pg. 873 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7388 : Fire Emergency Order Extension) 6 WHEREAS, as of January 30, 2025, the Regional Fires destroyed more than 17,000 structures; and
WHEREAS, on January 31, 2025, the Executive Director of Emergency Services issued a First Supplement to the Executive Order to: 1) authorize schools with existing Conditional Use Permits in residential zones to expand to accommodate students from other campuses operated by the existing school displaced by the Regional Fires; 2) waive license fees for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of February 2025; 3) authorize the Finance Department to grant hotels and motels a 30-day extension for payment of Transient Occupancy Taxes and the Tourism Marketing District Assessment due for December 2024; and 4) expanding criteria for Tier 1 priority on the City’s below market housing waitlist for income-qualifying households impacted by the Regional Fires; and
WHEREAS, on February 25, 2025, the City Council adopted Resolution Number 11645 (CCS), ratifying the Executive Order, the Revised Executive Order, the Second Revised Executive Order, and the First Supplement to the Executive Order; and WHEREAS, on February 25, the City Council further gave direction to phase out suspension of enforcement of Santa Monica Municipal Code Chapter 6.20, HomeSharing and Vacation Rentals, enforcement of Santa Monica Municipal Code 6.22.050,
6.22.060, and 6.22.070, Residential Leasing Regulations, and to clarify tenant protections for persons displaced that obtained housing during the suspension; and WHEREAS, on March 19, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) broaden the Order’s provisions to include schools and Child Care and Early Education Facilities that were expanding to accommodate students displaced by the Regional Fires; Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
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Packet Pg. 874 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7388 : Fire Emergency Order Extension) 7 2) terminate the portion of Section 3 of the Second Revised Emergency Order suspending enforcement of the provisions of the City’s Home-Sharing Ordinance as of April 18, 2025, and clarify that the resumption of enforcement does not require the eviction of any person occupying a rental unit pursuant to Section 3 of the Second Revised Emergency Order or terminate any tenant rights that any such person may have acquired; 3) expand the 30-day extension for payment of TOT and TMD to any request made on or before April 30, 2025; and 4) suspend certain provisions of Santa Monica Municipal Code 9.31.280, Restaurants, Limited-Service and Take-Out Only, and 9.31.290, Restaurants with Entertainment, and specific alcohol-related standards and conditions of approval established pursuant to any Alcohol Determination, Alcohol Exemption, or Conditional Use Permit entitlements to allow for additional flexibility in alcohol sales and service through April 30, 2025; and
WHEREAS, on March 28, 2025, the Interim Executive Director of Emergency Services issued a Third Supplement to the Second Revised Executive Order to discount license fees by 50% for outdoor dining areas, sidewalk dining, parklets, and pier deck extended dining for the month of March 2025; and
WHEREAS, unexpected traffic impacts may occur as a result of schools that have been displaced by the Regional Fires operating or expanding within the City as a temporary use, which may be alleviated through a Parking and Loading Operations Plan; and
WHEREAS, schools displaced by the Regional Fires that expect to operate within the City’s Downtown will experience unexpected costs arising out of parking fees for the City’s Downtown parking structure; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C
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Packet Pg. 875 Attachment: K-Seventh Supplement Executive Order Local Emergency August 28, 2025 (7388 : Fire Emergency Order Extension) 8 WHEREAS, providing a discounted group rate to displaced schools will alleviate some unexpected financial burden while supporting use of the City’s Downtown parking structures; and
WHEREAS, in the months that have passed since the Regional Fires, persons displaced have had opportunity to find housing accommodations on a semi-permanent or permanent basis; and
WHEREAS, expiration of emergency measures allowing modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests will allow for normal parking operations to resume; and WHEREAS, on April 16, 2025, the Interim Executive Director of Emergency Services issued a Second Supplement to the Second Revised Executive Order to: 1) require schools operating or expanding under Section 1o to the Second Revised Emergency Order, as amended, to submit a Parking and Loading Operations Plan to the City; 2) provide a pro rata monthly Group Discount Rate for the City’s Downtown Parking Structures for the 35 remaining days of the Spring 2025 Semester for schools operating or expanding under Section 1 to the Second Revised Emergency Order, as amended, that are located within the Downtown; and 3) terminate modifications to parking regulations for Temporary Preferential parking permits or 30 day Overnight Beach Residents & Guests permits set forth in Section 2 of the Second Revised Emergency Order as of April 30, 2025; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11659 (CCS), re-ratifying the Executive Order, the First and Second Revised Executive Order, and the First Supplement to the Executive Order, and ratifying the Second, Third, and Fourth Supplements to the Executive Order; and
Docusign Envelope ID: E3C06E31-3E98-47EB-B824-7B99ECB9629C