HomeMy WebLinkAboutReso 2020-083RESOLUTION NO. 2020-083
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AND CONFIRMING
EMERGENCY ORDER 002-B-2020 (EFFECTIVE APRIL 23,
2020) OF THE CHULA VISTA DIRECTOR OF EMERGENCY
SERVICES UPDATING FACE COVERING REQUIREMENTS
AT ESSENTIAL BUSINESSES
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
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Resolution No. 2020-083
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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 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/COVID-
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 002-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 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), attached
hereto as Attachment A, which mandates 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
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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-B-2020 of the Chula Vista Director of Emergency Services
(Effective April 23, 2020), attached hereto as Attachment A, is hereby ratified and
confirmed.
[SIGNATURES ON THE FOLLOWING PAGE]
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Resolution No. 2020-083
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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 5th day of May 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. 2020-083 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 5th day of May 2020.
Executed this 5th day of May 2020.
Kerry K. Bigelow, MMC, City Clerk
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EMERGENCY ORDER
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
[Order No. 002-B-2020]
CORRECTED
Effective Date: April 23, 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 Thursday, April 23, 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
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,
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2020 (available at: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Face-Coverings-
Guidance.aspx).
c. Members of the Public Who Enter Essential Businesses. All members of the public
who enter essential business facilities or service areas, shall, during their time in the
business facility or service area, 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). 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.
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
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
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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
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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