HomeMy WebLinkAboutReso 2020-080 RESOLUTION NO. 2020-080
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AND CONFIRMING
EMERGENCY ORDER 002-2020 AND EMERGENCY ORDER
002-A-2020 (EFFECTIVE APRIL 11, 2020) OF THE CHULA
VISTA DIRECTOR OF EMERGENCY SERVICES
WHEREAS, a worldwide COVID-19 pandemic was declared by the World Health
Organization on January 30, 2020, and on January 31, 2020, the United States Secretary of
Health and Human Services also declared a Public Health Emergency as a result of the COVID-
19 virus; and
WHEREAS, various states of emergency were declared by the United States (March 13,
2020), the State of California (March 4, 2020), and the County of San Diego (February 19,
2020), because of the threat to public safety (to persons and property including both physical and
economic harm) as result of the COVID-19 virus; and
WHEREAS, on March 12, 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”) closing certain businesses, prohibiting certain public and private gatherings, and
restricting other activities in San Diego County as a result of the COVID-19 virus pandemic; and
WHEREAS, on March 13, 2020, due to the escalating number of COVID-19 virus cases
nationwide, with many cases in the State of California, the City of Chula Vista Director of
Emergency Services (“Emergency Director”) issued a Proclamation declaring a Local
Emergency, as authorized by Government Code section 8630 and Chula Vista Municipal Code
(“CVMC”) Section 2.14.080(a), which was subsequently adopted and ratified by the Chula Vista
City Council on March 17, 2020 pursuant to Resolution No. 2020-065 (collectively, the
“Emergency Resolution”); and
WHEREAS, on March 16, 2020 and March 17, 2020, the County Order was
subsequently amended and addended by the Health Officer to include additional rules and
restrictions in an effort to further promote public health and safety; 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
Emergency Director recommended 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; and
DocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
Resolution No. 2020-080
Page No. 2
WHEREAS, on March 17, 2020, the City Council adopted Emergency Ordinance No.
3484-A (“City Order”), which affirmed and adopted the County Order as it existed on March 17,
2020 and authorized the Director to expand or amend the City Order to apply to additional
businesses or circumstances pursuant to his or her independent judgment consistent with the
authority provided in Chula Vista Municipal Code section 2.14.080(F)(1); and
WHEREAS, on March 17, 2020, the Governor of California issued Executive Order N-
29-20 which ordered, among other things, that all requirements of the Bagley -Keene Act and the
Brown Act requiring the physical presence of members, personnel, or the public, were waived,
and that legislative bodies could hold meetings via teleconferencing (“State Order 29-20”); and
WHEREAS, on or about March 18, 2020, March 23, 2020, March 29, 2020, April 2,
2020, and April 3, 2020, and April 9, 2020, and April 10, 2020 the County Health Officer issued
a series of amendments and addendums to the County Order; and
WHEREAS, on March 19, 2020, the Governor of California issued Executive Order N-
33-20 which ordered, among other things, all Californians to stay at home, with limited
exceptions (“State Order 33-20”); and
WHEREAS, the number of COVID-19 virus cases are increasing in both the State of
California (https://www.cdc.gov/media/releases/2020/s-0303-Additional-COVID-19-
infections.html) and in the City of Chula Vista
(https://www.sandiegocounty.gov/content/dam/sdc/hhsa/programs/phs/Epidemiology/COVID-
19%20Daily%20Update_City%20of%20Residence.pdf); and
WHEREAS, on April 9, 2020, the Emergency Director issued Emergency Order 002-
2020, attached hereto as Attachment A, which affirmed and adopted the Order of the Health
Officer and Emergency Regulations issued by the County of San Diego Health Officer, as that
Order may be from time to time updated and amended, as the Order and Emergency Regulations
of the City of Chula Vista; and
WHEREAS, on April 10, 2020, the Emergency Director issued Emergency Order 002-A-
2020 of the Chula Vista Director of Emergency Services (Effective April 11, 2020), attached
hereto as Attachment B, in an effort to protect public health and safety and life and property of
the residents of, and visitors to Chula Vista, and to best utilize the City’s resources in response to
the COVID-19 pandemic and associated ongoing threat to public safety, pursuant to CVMC
Section 2.14.080; and
WHEREAS, Emergency Order 002-A-2020 mandates, among other things, that City
Council meetings be conducted via teleconference and City Board, Commission, and Committee
meetings to be cancelled until further notice; that City parks and certain City trails be closed; and
that essential public and private workers wear face coverings while interacting with the public
and preparing food for public consumption; and
DocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
Resolution No. 2020-080
Page No. 3
WHEREAS, Chula Vista Municipal Code section 2.14.080(F)(1) authorizes the
Emergency Director to make and issue rules and regulations reasonably related to the protection
of life and property, subject to confirmation of the City Council at the earliest practical time.
NOW, THEREFORE, based on the facts and circumstances set forth above, the City
Council of the City of Chula Vista hereby resolves as follows:
1. Emergency Order 002-2020 of the City of Chula Vista Director of Emergency
Services, attached hereto as Attachment A, is hereby ratified and confirmed.
2. Emergency Order 002-A-2020 of the Chula Vista Director of Emergency Services
(Effective April 11, 2020), attached hereto as Attachment B, is hereby ratified and
confirmed.
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
Resolution No. 2020-080
Page No. 4
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager/Director of Emergency Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of April 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
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
Resolution No. 2020-080 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 21st day of April 2020.
Executed this 21st day of April 2020.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
Page 1 of 3
EMERGENCY ORDER
NO. 002-2020
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
WHEREAS, there exists a worldwide COVID-19 pandemic as declared by the World
Health Organization on January 30, 2020. On January 31, 2020, the United States Secretary of
Health and Human Services also declared a Public Health Emergency due to the COVID-19
virus; and
WHEREAS, various states of emergency have been declared by the United States of
America (March 13, 2020), the State of California (March 4, 2020), and the County of San Diego
(February 19, 2020) because of the threat to the safety of the public (to persons and property
including both physical and economic harm) as result of the COVID-19 virus; and
WHEREAS, on March 12, 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”)
closing certain businesses, prohibiting certain public and private gatherings, and restricting other
activities in San Diego County as a result of the COVID-19 virus pandemic; and
WHEREAS, on March 13, 2020, due to the escalating number of COVID-19 virus cases
nationwide, with many cases in the State of California, the City of Chula Vista Director of
Emergency Services (“Emergency Director”) issued a Proclamation declaring a Local Emergency,
as authorized by Government Code section 8630 and Chula Vista Municipal Code (“CVMC”)
Section 2.14.080 [Director – Powers and Duties], which was subsequently adopted and ratified by
the Chula Vista City Council on March 17, 2020 pursuant to Resol ution No. 2020-065
(collectively, the “Emergency Resolutions”); and
WHEREAS, on March 16, 2020 and March 17, 2020, the County Order was subsequently
amended and addended by the Health Officer to include additional rules and restrictions in an
effort to further promote public health and safety;
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
Emergency Director recommended 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; and
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
Page 2 of 3
WHEREAS, on March 17, 2020, the City Council adopted Emergency Ordinance No.
3484-A (“City Order”), which affirmed and adopted the County Order as it existed on March 17,
2020 and authorized the Director to expand or amend the City Order to apply to additional
businesses or circumstances pursuant to his or her independent judgment consistent with the
authority provided in Chula Vista Municipal Code section 2.14.080(F)(1); and
WHEREAS, on or about March 18, 2020, March 23, 2020, March 29, 2020, April 2, 2020,
and April 3, 2020, and April 9, 2020 the County Health Officer issued a series of amendments and
addendums to the County Order, which most current Order is attached hereto and incorporated
herein as Exhibit A;
WHEREAS, the amended and addended County Order currently prohibits gatherings of
10 or more people in any indoor or outdoor location, orders the closure of gyms and fitness centers,
restricts groupings of children in child care facilities, requires employees of specified essential
businesses who have contact with the public to wear cloth face coverings, and mandates that
essential businesses prepare and post a “Social Distancing and Sanitation Protocol”, among other
things; and
WHEREAS, the Director anticipates that the Health Officer may issue additional
amendments and addendums to the County Order at any time to address changing circumstances
of the COVID-19 pandemic; and
WHEREAS, as of the date of this order, the COVID-19 virus continues to represent a
danger to the Chula Vista community (to persons and property, including both physical and
economic harm) requiring emergency action by the Emergency Director, as authorized by CVMC
Section 2.14.080 [Director-Powers and Duties] and the Emergency Resolutions;
WHEREAS, with this Order, the Director is hereby exercising their independent judgment
to make and issue rules and regulations reasonably related to the protection of life and property,
pursuant to Chula Vista Municipal Code section 2.24.080.(F)(1), subject to confirmation of the
City Council at the earliest practical time, to ensure that the City Order is substantively consistent
and current with the County Order, as that order may from time to time be amended and addended,
and to promote compliance with and facilitate enforcement of the City Order for the protection of
the public health and safety and life and property of the residents of, and visitors to, Chula Vista.
NOW THEREFORE the Director of Emergency Services of City of Chula Vista does
order as follows:
IT IS HEREBY ORDERED THAT:
1. The Order of the Health Officer and Emergency Regulations (Effective April 9, 2020)
issued by Wilma J. Wooten, M.D., M.P.H., the County of San Diego Public Health Officer,
as that Order may be from time to time be updated and amended (“County Order”), is
hereby affirmed and adopted as the Order and Emergency Regulations of the City of Chula
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
Page 3 of 3
Vista (“City Order”). The current form of the County Order is attached hereto as Exhibit
A and incorporated herein by this reference. Any subsequent updates or amendments to
the County Order may be found at https://www.sandiegocounty.gov/hhsa/programs/phs/ .
2. This City Order shall go to into effect at 12:00 a.m. on April 10, 2020, and shall remain in
effect throughout the duration of the County Order, including any County extensions
thereof. The City Order may be further extended or sooner terminated by the Emergency
Director or the Chula Vista City Council.
3. This City Order is not limited to the County Order, and 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 their authority to make
and issue rules and regulations reasonably related to the protection of life and property.
This Order shall be presented to the City Council for confirmation as provided 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.
IT IS SO ORDERED. Approved as to form by:
_____________________________________ ____________________________________
Gary Halbert Glen R. Googins
City Manager/ City Attorney
Director of Emergency Services
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
EXHIBIT ADocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
6."Non-essential personnel," as defined in section 17(d) below, are prohibited from entry into
any hospital or long-term care facility. All essential personnel who are COVID-19 positive or
show any potential signs or symptoms of COVID-19 are strictly prohibited from entry into
hospitals or long-term care facilities. Notwithstanding the foregoing, individuals requiring
medical care for COVID-19 or related conditions may be admitted to hospitals or other
medical facilities if the hospital or medical facility is appropriate for treating COVID-19 and
has adequate precautions in place to protect its patients, medical personnel and staff.
7.Hospitals and healthcare providers shall take measures to preserve and prioritize resources,
including delaying non-emergent or elective surgeries or procedures where feasible.
8.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.
9.California Department of Public Health Face Covering Guidance issued on April 1, 2020,
( available at: https://www .cdph.ca.gov/Programs/CID/DCDC/Pages/Face-Coverings-
Guidance.aspx ), shall be followed except as noted in section 11, below.
10. All essential businesses that allow members of the public to enter a facility must prepare and
post by no later than 12:00 a.m. on April 7, 2020 a "Social Distancing and Sanitation Protocol"
on the form attached to this Order (and available at: https://www.sandiegocounty
.gov/content/dam/sdc/hhsa/programs/phs/Epidemiology/covid 19/SOCIAL DISTANCING
AND SANITATION PROTOCOL 04022020 Vl.pdf ), or on a form required by another
governmental entity requiring substantially similar information, for each of their facilities open
to the public in the county. The Social Distancing and Sanitation Protocol must be posted at
or near the entrance of the relevant facility, and shall be easily viewable by the public and
employees. A copy of the Social Distancing and Sanitation Protocol must also be provided to
each employee performing work at the facility. All essential businesses shall implement the
Social Distancing and Sanitation Protocol and provide evidence of its implementation to any
authority enforcing this Order upon demand. The Social Distancing and Sanitation Protocol
must ensure all required measures are implemented and must identify and require measures
necessary to implement social distancing are implemented at each facility that will ensure
social distancing and sanitation at that particular facility. If the measures identified and
implemented are not effective in maintaining proper social distancing and sanitation, the
business shall promptly modify its Social Distancing and Sanitation Protocols to ensure proper
social distancing and sanitation. Any business failing to successfully implement social
distancing and sanitation shall be closed.
11. Effective 12:00 a.m. on Thursday, April 9, 2020, all employees who may have contact with
the public, in any restaurant or other essential business that serves food, grocery store,
pharmacy/drug store, convenience store, gas station, bank, or public transportation, shall wear
a cloth face covering as described in the California Department of Public Health Face Covering
Guidance referenced in section 9, above. Owners of essential businesses establishments are
responsible for ensuring compliance with this section.
Page 2 of 6 ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
DocuSign Envelope ID: B82081D0-EEA5-4D63-9A65-38BD555827ABDocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
Page 1 of 3
EMERGENCY ORDER
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
[Order No. 002-A-2020]
Effective Date: April 11, 2020
Pursuant to CVMC section 2.14.080 [Director – Powers and Duties], Chula Vista City
Council Resolution No. 2020-065, and Emergency Order 002-2020 of the Chula Vista Director
of Emergency Services, the Chula Vista Director of Emergency Services (“Emergency
Director”)
ORDERS AS FOLLOWS:
Effective 12:00 a.m. on Saturday, April 11, 2020, and continuing in effect until further
notice from, or contravening action by, the Emergency Director or the City Council:
1. City Council Meetings. All City Council Meetings will be conducted via teleconference
until further notice. Members of the City Council and staff may participate in City
Council meetings via teleconference. The public may view the meeting on television
and/or online, and may submit comments online at
https://chulavista.granicusideas.com/meetings . Further information regarding public
participation is described in the Chula Vista City Clerk’s Open Meetings with Public
Participation during Coronavirus/Covid-19 document (available at
https://www.chulavistaca.gov/departments/city-clerk).
2. City Board, Commission, and Committee Meetings. All City Board, Commission, and
Committee meetings are canceled until further notice, unless necessitated by emergency
circumstances, as determined in the sole discretion of the City Manager, after
consultation with the City Attorney (“Emergency Order No. 002-2020”).
3. Parks and Trails. All City parks, including dog parks, are closed. City trails are closed
where marked as closed. The foregoing does not prohibit public employees from
engaging in maintenance or safety activities at these facilities.
4. Face Coverings.
a. Essential Workers With Public Contact. All essential public and private workers and
volunteers who have contact with the public within City boundaries shall wear a cloth
face covering as described in the California Department of Public Health Face
DocuSign Envelope ID: 80C945A3-5F02-43A1-B245-14C75EF33B86DocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
Page 2 of 3
Covering Guidance issued on April 1, 2020 (available at:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Face-Coverings-Guidance.aspx).
b. Essential Workers Who Prepare Food. All essential public and private workers and
volunteers who prepare food within City boundaries for consumption by the public
shall, while preparing such food, wear a cloth face covering as described in the
California Department of Public Health Face Covering Guidance issued on April 1,
2020 (available at: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Face-Coverings-
Guidance.aspx).
c. Business owners and managers shall be responsible for assuring worker and volunteer
compliance with the above-described face masking requirements.
GENERAL PROVISIONS
5. This order is issued as a result of a worldwide COVID-19 pandemic declared by the
World Health Organization on January 30, 2020 and a Public Health Emergency due to
the COVID-19 virus declared by the United States Secretary of Health and Human
Services on January 31, 2020.
6. As of the date of this order, the COVID-19 virus continues to represent a danger to the
Chula Vista community (to persons and property including both physical and economic
harm), and has significantly impacted the City’s personnel and financial resources. The
actions required by this Order are necessary to reduce the number of individuals who will
be exposed to COVID-19, and will thereby slow the spread of COVID-19 in the City of
Chula Vista. By reducing the spread of COVID-19, this Order will save lives and
increase public safety to persons and property, and reduce both physical and economic
harm.
7. This Order is issued in accordance with, and incorporates by reference: the Proclamation
of Local Emergency issued by the Chula Vista Director of Emergency Services on March
13, 2020; Chula Vista City Council Resolution No. 2020-065; Chula Vista City Council
Emergency Ordinance No. 3484-A; Emergency Order 002-2020 of the Chula Vista
Emergency Services Director; the Declaration of Local Health Emergency issued by the
County of San Diego Health Officer on February 14, 2020; the County of San Diego
Order of the Health Officer and Emergency Regulations (Effective April 9, 2020); the
Proclamation of a State of Emergency issued by the Governor of the State of California
on March 4, 2020; Executive Order N-25-20 issued by the Governor of the State of
California on March 12, 2020; Executive Order N-29-20 issued by the Governor of the
State of California on March 17, 2020; Executive Order N-33-20 issued by the Governor
of the State of California on March 19, 2020; COVID-19 guidance issued by the
DocuSign Envelope ID: 80C945A3-5F02-43A1-B245-14C75EF33B86DocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE
Page 3 of 3
California Department of Public Health on Face Coverings Guidance issued on April 1,
2020; and Proclamation 9984 regarding COVID-19 issued by the President of the United
States on March 11, 2020.
8. This Order comes after the release of substantial guidance from the County of San Diego
Health Officer, the California Department of Public Health, the Centers for Disease
Control and Prevention, and other public health officials throughout the United States and
around the world.
9. With this Order, the Emergency Director is hereby exercising their independent judgment
to make and issue rules and regulations reasonably related to the protection of life and
property, pursuant to Chula Vista Municipal Code section 2.24.080(F)(1), subject to
confirmation of the City Council at the earliest practical time.
10. Violations of the regulations contained in paragraphs 3 and 4 above 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.
SO ORDERED,
BY:
Gary Halbert,
City Manager/Director of Emergency Services
Approved as to Form:
BY:
_______________________________
Glen Googins, City Attorney,
City of Chula Vista
DocuSign Envelope ID: 80C945A3-5F02-43A1-B245-14C75EF33B86DocuSign Envelope ID: 6CEFF158-8F62-4D77-B6F9-92AF2474C5FE