HomeMy WebLinkAboutOrd 2020-3484ORDINANCE NO. 3484
ORDINANCE OF THE CITY OF CHULA VISTA ORDERING
THE TEMPORARY CLOSURE OF CERTAIN BUSINESSES
AND ACTIVITIES, INCLUDING BARS, OTHER ALCOHOL
SERVING ESTABLISHMENTS, AND ON-SITE DINING
SERVICES; PROHIBITING CERTAIN PUBLIC OR PRIVATE
GATHERINGS OF 50 OR MORE PEOPLE; AND RELATED
RESTRICTIONS, ALL AS MORE PARTICULARLY SET
FORTH IN THAT CERTAIN MARCH 16, 2020 AMENDED
ORDER AND EMERGENCY REGULATIONS OF THE SAN
DIEGO COUNTY HEALTH OFFICER
WHEREAS, on January 30, 2020, the World Health Organization (“WHO”) declared a
Public Health Emergency of International Concern. On January 31, 2020, the United States
Secretary of Health and Human Ser vices declared a Public Health Emergency; and
WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local
Health Emergency as a result of the COVID-19 virus, which was subsequently ratified by the
Board of Supervisors on February 19, 2020; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of
Emergency to make additional resources available, formalize emergency actions already underway
across multiple state agencies and department and help the State prepare for a broader spread of
COVID-19. The declaration was issued as the number of positive California cases continued to
rise and following one official COVID-19 death; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency as a result of the COVID-19 virus; and
WHEREAS, on March 13, 2020, due to the escalating number of COVID-19 virus cases,
with many cases in the State of California, the City of Chula Vista Director of Emergency Services
issued a Proclamation declaring a Local Emergency, as authorized by Government Code section
8630 and Chula Vista Municipal Code section 2.14.080(a); and
WHEREAS, the Centers for Disease Control and Prevention, the California Department of
Public Health, and the San Diego County Department of Public Health have all issued
recommendations, including, but not limited to, social distancing, staying home if sick, canceling
or postponing large group events, working from home, and other precautions to protect public
health and prevent transmission of this communicable virus; and
WHEREAS, on March 12, 2020 and subsequently amended on March 16, 2020, pursuant
to California Health and Safety Code sections 101040, 120175, and 120175.5 (b) the Health
Officer of the County of San Diego (Health Officer) issued an Order of the Health Officer and
Emergency Regulations (the “County Order”) that is effective from Tuesday, March 17, 2020
through March 31, 2020 for San Diego County. The County Order prohibits all public or private
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Ordinance No. 3484
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“gatherings”, an event or convening that brings together 50 or more people in a single room or
single space at the same time, the closure of all bars, adult entertainment establishments, and other
business establishments that serve alcohol and do not serve food, the closure of on-site dining of
all restaurants and other business establishments that serve food, and cessation of classes or other
school activities where students gather on the school campus for all public or private schools,
colleges, and universities; and
WHEREAS, the San Diego County of Public Health has confirmed 55 cases of COVID-
19 in the County and has advised that closure of businesses and prohibitions related to public
gatherings are necessary to prevent the further spread of COVID-19; and
WHEREAS, pursuant to Health and Safety Code section 120175.5(b) and the County
Order, all governmental entities in San Diego County shall take necessary measures within the
governmental entity’s control to ensure compliance with the County Order; and
WHEREAS, in accordance with Chula Vista Municipal Code section 2.14.080(F)(1) the
City of Chula Vista Director of Emergency Services recommends that the City Council affirm and
adopt the County Order as a local measure in order to protect the life and property of the residents
of Chula Vista affected by the emergency declared as a result of the COVID-19 virus;
WHEREAS, pursuant to Health and Safety Code section 120295, violation of measures
taken by the City Council of the City of Chula Vista in accordance with Health and Safety Code
section 120175.5(b) is subject to fine, imprisonment, or both; and
WHEREAS, pursuant to Chula Vista Municipal Code section 2.14.140, violation of lawful
rules and regulations issued pursuant to Chapter 2.14 of the Chula Vista Municipal Code is
punishable by a fine, imprisonment, or both; and
WHEREAS, pursuant to Chula Vista Municipal Code section 1.20.010, violation of the
provisions of ordinances of the City are subject to criminal, civil, and administrative penalties; and
WHEREAS, based on the facts and circumstances stated above, it is necessary to exercise
Council’s authority pursuant to the Charter of the City of Chula Vista, Chula Vista Municipal Code
Chapter 2.14, Government Code section 8364, Health and Safety Code section 120175.5(b), and
the County Order, to establish this Ordinance as an Emergency Ordinance within the meaning of
City of Chula Vista Charter section 311(d) to preserve the public peace, health, safety, and general
welfare as a result of the impacts of the COVID-19 virus.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Order of the City Council
IT IS HEREBY ORDERED THAT:
1. The March 16, 2020 Amended Order of the Health Officer and Emergency Regulations
(“County Order”) issued by Wilma J. Wooten, M.D., M.P.H., the County of San Diego
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Ordinance No. 3484
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Public Health Officer, attached hereto as Exhibit A, is hereby affirmed and adopted as the
Order and Emergency Regulations of the City of Chula Vista (“City Order”) effective as
of 12:00 a.m. March 18, 2020.
2. The City Order shall remain in effect throughout the duration of the County Order,
including any County extensions thereof. The County Order is currently scheduled to
expire on March 31, 2020. The City Order may be further extended or sooner terminated
by order of the City Council.
3. The City Order may be expanded or amended to apply to additional businesses or
circumstances pursuant to the independent judgment of the Chula Vista Director of
Emergency Services consistent with his or her authority to make and issue rules and
regulations reasonably related to the protection of life and property and subject to
confirmation of the City Council at the earliest practicable time as authorized in Chula
Vista Municipal Code section 2.14.080.
4. Violations of the City Order shall be enforceable to the maximum extent authorized by
law, including without limitation, as set forth in Chula Vista Municipal Code sections
1.20.010(A) and 2.14.140 and Health and Safety Code section 120295.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
Based on the facts and circumstances set forth above, it is necessary to establish this
Ordinance as an Emergency Ordinance, within the meaning of City of Chula Vista Charter section
311(d), for preserving the public peace, health, safety, and general welfare as a result of the
COVID-19 virus and is hereby effective upon passage by City Council.
This Ordinance shall also take effect and be in force on the thirtieth day after its final
passage.
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In the event of conflict of effective dates, this Ordinance shall be effective upon the earliest
lawful effective date.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
[SIGNATURES ON THE FOLLOWING PAGE]
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Ordinance No. 3484
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Presented by Approved as to form by
_____________________________________ ____________________________________
Gary Halbert Glen R. Googins
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of April 2020, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3484 had its first reading at a regular meeting held on the 17th day of March 2020,
and its second reading and adoption at a regular meeting of said City Council held on the 7th day
of April 2020; and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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4/16/2020
*AMENDED*
ORDER OF THE HEALTH OFFICER
AND EMERGENCY REGULATIONS
Pursuant to California Health and Safety Code sections 101040, 120175, and 120175.5 (b) the
Health Officer of the County of San Diego (Health Officer) amends the Health Officer Order
dated March 12, 2020 as of 12:00 a.m. on Tuesday March 17, 2020. The Health Officer
ORDERS AS FOLLOWS:
Effective 12:00 a.m. on Tuesday, March 17, 2020, and continuing until 11:59 p.m. on March 31,
2020, the following will be in effect for San Diego County (county):
1. All public or private “gatherings,” as defined in section 20 below, are prohibited. All
non-essential gatherings of any size are strongly discouraged.
2. All bars, adult entertainment establishments, and other business establishments that serve
alcohol and do not serve food, shall close.
3. All restaurants and other business establishments that serve food shall close all on-site
dining. All food served shall be by delivery, or through pick-up or drive thru. Social
distancing shall be required for persons picking up food on site.
4. All businesses shall enact social distancing, increased sanitation standards, and shall
make every effort to use telecommuting for its workforce. All businesses shall suspend
any policy or procedure requiring doctor verification for sick or other leave approval.
5. All public or private schools, colleges, and universities shall not hold classes or other
school activities where students gather on the school campus. Parents of school-aged
minor children shall take steps to ensure said children are not participating in activities
prohibited by the Order and that social distancing requirements are practiced.
6. A strong recommendation is made that all persons who are 65 years old or older, have a
chronic underlying condition, or have a compromised immune system self-quarantine
themselves at home.
NICK MACCHIONE, FACHE
AGENCY DIRECTOR HEALTH AND HUMAN SERVICES AGENCY
PUBLIC HEALTH SERVICES
3851 ROSECRANS STREET, MAIL STOP P-578
SAN DIEGO, CA 92110-3134
(619)531-5800 • FAX (619) 542-4186
WILMA J. WOOTEN, M.D.
PUBLIC HEALTH OFFICER
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
7. “Non-essential personnel,” as defined in section 20 below, are prohibited from entry into
any hospital or long-term care facility. All essential personnel who show any potential
signs or symptoms of COVID-19 shall be strictly prohibited from entry into hospitals or
long-term care facilities.
8.Hospitals and healthcare providers shall take measures to preserve resources including
delaying non-emergent or elective surgeries or procedures where feasible.
9. Hospitals, healthcare providers, and commercial testing laboratories shall report all
COVID-19 test results to the Public Health Officer immediately after such results are
received.
10. All persons arriving in the county, from locations as found on the Centers for Disease
Control and Prevention (CDC) Warning Level 3 Travel Advisory shall be subject to 14-
day home quarantine, self-monitoring. This includes originating or connecting flights
through these countries and includes South Korea, Japan, Italy, China and Iran, and any
other country that is subsequently added to that list, which is available at:
(https://wwwnc.cdc.gov/travel/notices).
11. A strong recommendation is made for persons exhibiting mild to moderate symptoms of
COVID-19 to self-isolate themselves in their place of residence unless seeking medical
treatment.
12. This Order is issued as a result of the World Health Organization’s declaration of a
worldwide pandemic of COVID-19 disease, also known as “novel coronavirus,” which has
infected at least 179,165 individuals worldwide in 155 countries and is implicated in over
7,000 worldwide deaths.
13. This Order is issued based on the increasing transmission of COVID-19 in California and
the significant risk of widespread introduction and transmission of COVID-19 into the
county.
14. This Order is issued based on scientific evidence regarding the most effective approaches
to slow the transmission of communicable diseases generally and COVID-19 specifically,
as well as best practices as currently known and available to protect vulnerable members
of the public from avoidable risk of serious illness or death resulting from exposure to
COVID-19. The age, condition, and health of a significant portion of the population of the
county places it at risk for serious health complications, including death, from COVID-19.
Although most individuals who contract COVID-19 do not become seriously ill, persons
with mild symptoms and asymptomatic persons with COVID-19 may place other
vulnerable members of the public—such as older adults, and those with underlying health
conditions—at significant risk.
15. This Order will reduce the likelihood that many individuals will be exposed to COVID-19,
and will thereby slow the spread of COVID-19 in the county. By reducing the spread of
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
COVID-19, this Order will help preserve critical and limited healthcare capacity in the
county.
16. This Order is issued in accordance with, and incorporates by reference: 1) the Declaration
of Local Health Emergency issued by the Health Officer on February 14, 2020; 2) the
Proclamation of Local Emergency issued by the County Director of Emergency Services
on February 14, 2020; 3) the action of the County Board of Supervisors to ratify and
continue both the local health emergency and local emergency on February 19, 2020; 4)
the Proclamation of a State of Emergency issued by Governor of the State of California on
March 4, 2020: 5) Executive Order N-25-20 issued by the Governor of the State of
California on March 12, 2020 which orders that “All residents are to heed any orders and
guidance of state and local health officials, including but not limited to the imposition of
social distancing measures, to control COVID-19; and 6) Proclamation 9984 regarding
COVID-19 issued by the President of the United States on March 11, 2020; and the Health
Officer Order dated on March 12, 2020.
17. This Order is issued to prevent circumstances often present in gatherings that may
exacerbate the spread of COVID-19, such as: 1) the increased likelihood that gatherings
will attract people from a broad geographic area; 2) the prolonged time period in which
large numbers of people are in close proximity; 3) the difficulty in tracing exposure when
large numbers of people attend a single event; and 4) the inability to ensure that attendees
follow adequate hygienic practices.
18. This Order comes after the release of substantial guidance from the Health Officer, the
California Department of Public Health, the CDC, and other public health officials
throughout the United States and around the world. On March 11, 2020, the California
Department of Public Health recommended the cancellation or postponement of large
gatherings.
19. This Order comes after the CDC issued: “Interim Additional Guidance for Infection
Prevention and Control for Patients with Suspected or Confirmed COVID-19 in Nursing
Homes.”
20. For the purposes of this Order:
a. “Gathering” is any event or convening that brings together 50 or more people in a
single room or single space at the same time, such as an auditorium, stadium, arena,
theater, church, casino, large conference room, meeting hall, cafeteria, or any other
indoor or outdoor space.
b. “Long term care facility” is a facility serving adults that require assistance with
activities of daily living, including a skilled nursing facility, and that is licensed by
the California Department of Community Care and Licensing, or the California
Department of Public Health.
c. “Non-essential personnel” for purposes of section 7 above are employees,
contractors, or members of the public who do not perform treatment, maintenance,
support, or administrative tasks deemed essential to the healthcare mission of the
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long-term care facility or hospital. Non-essential personnel do not include first
responders, nor State, federal, or local officials, investigators, or medical personnel
carrying out lawful duties. Entry of visitors at long-term care facilities are allowed
upon the approval of the facility’s director, or designee, for the purpose of allowing
family and friends to visit a resident in an end of life situation, or to allow parents
or guardians to visit a child who is a patient, and where appropriate precautions by
the facility that follow federal, State, and local public health guidance regarding
COVID-19 are followed.
d. “Social Distancing” is maintaining a six-foot separation from all persons except for
family members.
e. This Order does not prohibit:
i. Operations at airports, public transportation or other spaces where 50 or
more persons may be in transit but able to practice social distancing. It also
does not include essential businesses where many people are present but are
able to practice social distancing.
ii. Emergency shelters, homeless shelters, or other similar essential gatherings
that are for the protection of public health and safety and where appropriate
precautions are taken that follow federal, State, and local public health
guidance regarding COVID-19.
21. Gatherings of less than 50 people are strongly encouraged to maintain social distancing
pursuant to Department of Public Health guidelines.
22. Pursuant to Health and Safety Code section 120175.5 (b) all governmental entities in the
county shall take necessary measures within the governmental entity’s control to ensure
compliance with this Order and to disseminate this Order to venues or locations within the
entity’s jurisdiction where a large gathering may occur.
23. Violation of this Order is subject to fine, imprisonment, or both. (California Health and
Safety Code section 120295.)
24. To the extent necessary, this Order may be enforced by the Sheriff or chiefs of police
pursuant to Government Code sections 26602 and 41601 and Health and Safety Code
section 101029.
25. This Order shall be reevaluated and extended if appropriate on or before March 31, 2020.
IS SO ORDERED:
Date: March 16, 2020 ______________________________________
Wilma J. Wooten, M.D., M.P.H.
Public Health Officer
County of San Diego
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
EMERGENCY REGULATIONS
As Director of Emergency Services for the County of San Diego, I am authorized to promulgate
regulations for the protection of life and property pursuant to Government Code Section 8634
and San Diego County Code section 31.103. The following shall be in effect for the duration of
the Amended Health Officer Order issued above which is incorporated in its entirety by
reference:
The Amended Health Officer Order shall be promulgated as a regulation for the
protection of life and property.
Any person who violates or who refuses or willfully neglects to obey this regulation is subject to
fine, imprisonment, or both. (Government Code section 8665.)
Date: March 16, 2020 ______________________________________
Helen Robbins-Meyer
Chief Administrative Officer
Director of Emergency Services
County of San Diego
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