HomeMy WebLinkAbout2020-05-12 Item 03
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May 12, 2020 File ID: 20-0194
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING AND CONFIRMING
EMERGENCY ORDER 002-C-2020 (EFFECTIVE MAY 8, 2020) OF THE CHULA VISTA DIRECTOR OF
EMERGENCY SERVICES ESTABLISHING TERMS FOR A LIMITED OPENING OF CITY PARKS AND TRAILS AND
UPDATING FACE COVERING REQUIREMENTS TO CONFORM WITH COUNTY-WIDE STANDARDS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
This proposed resolution ratifies and confirms Emergency Order 002-C-2020 issued by the Chula Vista
Director of Emergency Services, in accordance with Chula Vista Municipal Code section 2.14.080(F)(1).
ENVIRONMENTAL REVIEW
The proposed resolution ratifying and confirming Emergency Order 002-C-2020 has been reviewed for
compliance with the California Environmental Quality Act (CEQA) and it has been determined that the
activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not
result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined
that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental
Quality Act State Guidelines. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On March 17, 2020, the Chula Vista City Council, pursuant to Resolution No. 2020 -065, adopted and ratified
a Proclamation declaring a Local Emergency issued by the Chula Vista Director of Emergency Services
(“Emergency Director”). The Proclamation was issued as a result of the worldwide COVID -19 pandemic,
which continues to directly impact the State of California, County of San Diego, and City of Chula Vista. Since
March, the number of cases in the County of San Diego and particularly, the South Bay region that includes
the City of Chula Vista, continues to rise. As of May 6, 2020, the total number of County cases involving
residents of Chula Vista stands at 627 persons, 14.3% of the County’s total cases.
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During this unprecedented time, the City remains committed to protecting the public health of the residents
of and visitors to Chula Vista and to utilizing City resources to respond to the COVID-19 pandemic and the
associated ongoing threat to public safety. Accordingly, the Emergency Director previously issued
Emergency Orders 002-2020 and 002-A-2020, which were ratified and confirmed by City Council on April
21, 2020. Emergency Order 002-2020 adopted the San Diego Health Officer’s Order, as it may be amended
from time to time, as a City order so that violations of can be enforced using both state law and local law
provisions. Emergency Order 002 -A-2020 ordered that City Council meetings would take place by
teleconference until further notice; ordered the cancellation until further notice of City Board, Commission,
and Committee; ordered all City parks, including dog parks, closed, and City trails closed where marked; and
ordered all essential public and private workers and volunteers to wear face coverings if they have contact
with the public or prepare food for consumption by the public. Emergency Order 002-B-2020, issued on April
22, 2020 and effective April 23, 2020, expand ed the face covering provisions to require members of the
public to wear face coverings when they enter business facilities or service areas, including any line
established for such entry. Emergency Order 002 -B-2020 also made individuals and business owners
responsible for ensuring compliance with all face covering requirements.
Most recently, on May 7, 2020, the Emergency Director issued Emergency Order 002 -C-2020 (effective May
8, 2020). This Order reopens City parks and trails for limited purposes and updates City’s face covering
requirements to conform with the most recent San Diego County Order. City parks and trails are now open
for walking, running, bike riding, standing/sitting on the grass, and use of dog “off -leash” areas; however,
visitors are prohibited from gathering with persons outside their household, household gatherings at parks
are limited to no more than 10 people, and face coverings are required when non -household members are
within six feet of one another. Park and trail facilities and equipment remain closed and off-limits. The park
and trail use terms contained in the Order are intended to provide residents with access to City parks and
trails in a manner that protects public health during the continuing pandemic. In addition to opening parks
and trails for limited purposes, Order 002_C-2020 also updates City’s face covering requirements to conform
to the most recent San Diego County order. Persons present in the City must now wear a face covering
whenever they are within six feet of another person who is not a member of their household, or while in
business facilities or service areas. Persons under two years of age and persons with a medical or mental
health condition or developmental disability that prevents wearing a face covering are exempt from such
requirements.
Pursuant to Chula Vista Municipal Code section 2.14.080(F)(1), rules and regulations issued by the
Emergency Director must be confirmed by the City Council at the earliest practicable time.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for decision -maker conflict of interest in this matter.
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CURRENT-YEAR FISCAL IMPACT
The COVID-19 pandemic creates a wide range of potential fiscal impacts to the City; however, the subject
resolution to ratify and confirm Emergency Order 002-C-2020 is unlikely to contribute in any significant way
to such current-year fiscal impacts. Staff is evaluating the broader fiscal impact of the current public health
crisis, and a comprehensive report will be presented to council in the future.
ONGOING FISCAL IMPACT
The COVID-19 pandemic creates a wide range of potential fiscal impacts to the City; however, the subject
resolution to ratify and confirm Emergency Order 002 -C-2020 is unlikely to contribute in any significant way
to such ongoing fiscal impacts. Staff is evaluating the broader fiscal impact of the current public health crisis,
and a comprehensive report will be presented to council in the future.
ATTACHMENTS
1. Attachment A: Emergency Order No. 002-C-2020
Staff Contact: Gary Halbert; Glen Googins
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA RATIFYING AND CONFIRMING EMERGENCY ORDER 002-C-
2020 (EFFECTIVE MAY 8, 2020) OF THE CHULA VISTA DIRECTOR OF
EMERGENCY SERVICES ESTABLISHING TERMS FOR A LIMITED
OPENING OF CITY PARKS AND TRAILS AND UPDATING FACE
COVERING REQUIREMENTS TO CONFORM WITH COUNTY-WIDE
STANDARDS
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;
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
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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
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, from March 18, 2020 through May 7, 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 continue to increase 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/CO
VID-19%20Daily%20Update_City%20of%20Residence.pdf); and
WHEREAS, on April 9, 2020, the Emergency Director issued Emergency Order
002-2020, 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
020-A-2020 of the Chula Vista Director of Emergency Services (Effective April 11,
2020), which mandated, 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
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public and private workers wear face coverings while interacting with the public and
preparing food for public consumption; and
WHEREAS, on April 21, 2020, the City Council ratified and confirmed
Emergency Orders 002-2020 and 002-A-2020 of the Chula Vista Director of Emergency
Services; and
WHEREAS, on April 22, 2020, the Emergency Director issued Emergency
Order 002-B-2020 of the Chula Vista Director of Emergency Services (Effective April
23, 2020), which mandated that members of the public wear face coverings when
entering essential businesses or service areas and makes individuals and business owners
responsible for ensuring compliance with all face covering requirements; and
WHEREAS, on April 28, 2020, the City Council ratified and confirmed
Emergency Order 002-B-2020 of the Chula Vista Director of Emergency Services; and
WHEREAS, on May 7, 2020, the Emergency Director issued Emergency Order
002-C-2020 of the Chula Vista Director of Emergency Services (Effective May 8, 2020),
attached hereto as Attachment A, which opens City parks and trails subject to specified
terms, and which updates City’s face covering requirements to conform with San Diego
County’s current standards by expanding the circumstances under which face coverings
are required and providing exemptions for specified persons; and
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-C-2020 of the Chula Vista Director of Emergency
Services (Effective May 8, 2020), attached hereto as Attachment A, is hereby
ratified and confirmed.
Presented by Approved as to form by
_____________________________ ______________________________
Gary Halbert Glen R. Googins
City Manager/Director of Emergency Services City Attorney
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EMERGENCY ORDER
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
[Order No. 002-C-2020]
Effective Date: May 8, 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 Friday, May 8, 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. Starting 7:00 a.m. Friday, May 8, 2020, all City parks and trails will be
open daily, from 7:00 a.m. to 8:00 p.m., on the following terms:
a. Only passive uses are allowed. Passive uses include walking, jogging, hiking, bike
riding (on paths and trails only), standing/sitting on the grass, and use of dog “off-
leash” areas. No organized or team sporting activities are allowed.
b. No gathering or congregating in groups of more than one is allowed, except among
members of a single household. Groups of single household members are limited to
gatherings of no more than ten people.
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c. All sports courts, sports fields, skate parks, playground equipment, gazebos, picnic
tables, benches, restrooms, and other facilities will remain closed and off-limits.
d. While in or entering a park or trail, face coverings must be worn by all persons over
two years old when within six feet of another person who is not a member of their
household.
e. At all times, strive to maintain six feet of physical distancing from non-household
members.
f. Do not enter parks or trails if you have a cough or fever.
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
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. Members of the Public. All members of the public who are present in the City shall
wear a 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).
whenever they are within six feet of another person who is not a member of their
household, or whenever they are in a business facility or service area. For purposes of
this section, the term “business facility or service area” shall include any line established for
entrance into such business facility or service area. Persons younger than two years old and
persons with a medical or mental health condition or developmental disability that prevents
wearing a face covering shall be exempt from this requirement.
d. Responsibility for Compliance. All individuals governed by the above-described face
covering requirements shall be personally responsible for their own compliance. In
addition, business owners and managers shall be responsible for assuring compliance
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with the above-described face covering requirements for workers, volunteers, and
members of the public within their respective business facilities and service areas;
such responsibility shall include, as necessary, refusing admission or service to any
member of the public who fails to wear a face covering when entering the business
facility or service area.
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
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
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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
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