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HomeMy WebLinkAboutOrd 2020-3488ORDINANCE NO. 3488 ORDINANCE OF THE CITY OF CHULA VISTA REQUIRING ALL BUSINESSES OPERATING WITHIN THE CITY TO PREPARE AND POST CITY-APPROVED SOCIAL DISTANCING AND SANITATION PROTOCOLS WHEREAS, in January 2020, as a result of the COVID-19 virus, the World Health Organization (“WHO”) declared a Public Health Emergency of International Concern and the United States Secretary of Health and Human Services 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, as the number of confirmed cases and deaths related to COVID-19 continued to rise, California Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID- 19; 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 nationwide and within 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), which was subsequently ratified and adopted by the Chula Vista City Council on March 17, 2020; 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 and orders, 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, 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”) has issued multiple Orders of the Health Officer and Emergency Regulations (the “County Orders”) mandating and prohibiting certain activities, including the following, with certain limited exceptions: the requirement that all persons stay at home; the prohibition of all public and private “gatherings” of more than one person; the closure of all non-essential businesses; the cessation of classes and other school activities; cloth face covering requirements; and social distancing protocols; and DocuSign Envelope ID: AB9E1B6F-A8CB-43F8-8C15-58CC1EA38BCE Ordinance No. 3488 Page No. 2 WHEREAS, the County Orders also require businesses to complete and post either the County’s “Social Distancing and Sanitation Protocol,” or a substantially similar form required by another governmental agency, for each facility in the County that is open to the public; and WHEREAS, pursuant to Health and Safety Code section 120175.5(b) and the County Orders, all governmental entities in San Diego County are required to take necessary measures within the governmental entity’s control to ensure compliance with the County Orders; and WHEREAS, during this Local Emergency, in the interest of protecting the public health and preventing transmission of COVID-19, and consistent with the County’s Orders, the City Council of the City of Chula Vista finds that it is essential to develop City-specific Social Distancing and Sanitation Protocols for all Chula Vista businesses (“City Protocols”); and WHEREAS, the City Protocols will be required for all “essential” businesses currently operating in the City, and for those deemed “non-essential,” as those businesses reopen; and WHEREAS, it is the City’s intent that the City Protocols be implemented in place of the County’s Protocols, in accordance with the County Orders allowing other governmental entities to implement these requirements; and WHEREAS, based on the facts and circumstances stated above, the Chula Vista City Council hereby finds that 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 impacts of the COVID-19 virus. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. All businesses operating in the City of Chula Vista shall prepare, obtain City approval and post at all entrances to the business a Social Distancing and Sanitation Protocol. 1. Findings. The City Council of the City of Chula Vista hereby fully incorporates the above Recitals into this Ordinance and finds that they are true and correct. 2. Social Distancing and Sanitation Protocol. A temporary Social Distancing and Sanitation Protocol requirement is hereby enacted as follows: A. It shall be unlawful and prohibited for a business to operate within the City of Chula Vista without a Social Distancing and Sanitation Protocol prepared by the business, approved by the City Manager or his/her designee, and posted at all entrances to the business. B. A business for the purposes of this Ordinance shall be defined pursuant to Chula Vista Municipal Code 5.02.010.B. DocuSign Envelope ID: AB9E1B6F-A8CB-43F8-8C15-58CC1EA38BCE Ordinance 2020-3488 Page No. 3 C. A Social Distancing and Sanitation Protocol for the purposes of this Ordinance is represented in Attachment 1 to this Ordinance. In preparing a Social Distancing and Sanitation Protocol, all Chula Vista businesses shall provide documentation to the City as prescribed in Attachment 2 to this Ordinance. Both Attachments are incorporated into the Ordinance by this reference and may be amended from time-to-time by the City Manager at his/her sole discretion, in consultation with the City Attorney. This Ordinance, Attachments 1 and 2, and any amendments to the Attachments shall be publicly available through the Office of the City Clerk, and 3. Penalties-Remedies. Violation of this Ordinance shall be punishable as a misdemeanor pursuant to Chula Vista Municipal Code Chapter 1.20. This Ordinance may also be enforced as otherwise provided for in the Chula Vista Municipal Code. 4. Rules and Regulations. The City Manager (pursuant to Chula Vista Charter Section 401) may also make and issue rules and regulations to implement this Ordinance. 5. Duration. This Ordinance shall remain in effect for as long as necessary to protect the public health, safety, and welfare during the COVID-19 crisis, and until repealed by the City Council, accordingly. 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, but not to 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. The Clerk shall also ensure that this Ordinance be published and presented to the City Council for second reading and adoption, in accordance with Charter sections 311 and 312. In the event of conflict of effective dates, this Ordinance shall be effective upon the earliest lawful effective date. DocuSign Envelope ID: AB9E1B6F-A8CB-43F8-8C15-58CC1EA38BCE Ordinance No. 3488 Page No. 4 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. 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 12th 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 Ordinance No. 3488 had its first reading at a regular meeting held on the 5th day of May 2020, and its second reading and adoption at a regular meeting of said City Council held on the 12th day of May 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 DocuSign Envelope ID: AB9E1B6F-A8CB-43F8-8C15-58CC1EA38BCE 5/20/2020 Rev: 5/5/2020 SOCIAL DISTANCING AND SANITATION PROTOCOL Attachment 1 to Ordinance No. All businesses in the City of Chula Vista must comply with the following prior to conducting business operations: Required Signage • Post signage at each public entrance to the business to inform all employees and customers that they must: o not enter the business if they have a cough or fever; o maintain a minimum six-foot distance from one another; o sneeze and cough into a cloth or tissue or, if unavailable, into one’s elbow; o not shake hands or engage in any unnecessary physical contact; o wear a face covering/mask at all times, this applies to ALL employees, and ALL customers • Post this “Social Distancing Protocol” at each public entrance to the facility. • Place signs (A-frame) outside the store reminding people to be at least six feet apart, including when in line. • Place tape or other markings at least six feet apart in customer queuing areas inside the store and at public entrances with signs directing customers to use the markings to maintain distance. Required Distancing and Sanitation Protocols • Direct all employees who are able to carry out their work duties from to do so. • Instruct all employees not to come to work if sick. • Check symptoms of all employees before allowing them to enter the workspace. • Distribute this Protocol to all employees. • Separate all desks or individual workstations by a distance of at least six feet. • Instruct all employees to maintain at least six feet distance from customers and from each other, except that employees may momentarily come closer when necessary to accept payment, deliver goods or services, or as otherwise necessary. • Do not permit customers to bring their own bags, mugs, or other reusable items from home. • Make disinfecting wipes that are effective against COVID-19 available near shopping carts and shopping baskets. • Assign employee(s) to disinfect carts and baskets regularly. • Ensure that hand sanitizer, soap and water, or effective disinfectant, is available to the public at or near the entrance of the facility, at checkout counters, and anywhere else inside the business or immediately outside where people have direct interactions. • Disinfect all payment portals, pens, and styluses after each use, and all high-contact surfaces frequently. • Separate order areas from delivery areas, to prevent customers from gathering. • Provide lids for cups and food/bar-type items by staff to customers, rather than by self- service. • Eliminate bulk-item food bins for customer self-service. DocuSign Envelope ID: AB9E1B6F-A8CB-43F8-8C15-58CC1EA38BCE Rev: 5/5/2020 • Make every reasonable effort to keep patrons a minimum distance of six feet away from each other through the use of strategies such as one-way aisles and through ensuring a maximum number of customers are allowed in the business at a time. • Refuse service to any customers refusing to uphold social distancing protocols or refusing to wear a face covering in the interest of protecting the health of employees and customers. DocuSign Envelope ID: AB9E1B6F-A8CB-43F8-8C15-58CC1EA38BCE Rev: 5/5/2020 ONLINE MEASURES TO BE COMPLETED BY THE BUSINESS Attachment 2 to Ordinance No. Sanitation Procedures • Providing for contactless payment systems or, if infeasible, sanitizing payment systems regularly. Business is to provide a description of its payment system and methods of sanitation. • Break rooms, bathrooms, and other common areas, and frequently touched objects are being disinfected frequently, on a schedule described by the business including: breakrooms, bathrooms and other areas (e.g. front counter, doorknobs and handles, menus, etc.). • Disinfectant and related sanitation supplies are available to all employees at locations described by the business. • Hand sanitizer effective against COVID-19 (minimum 60% alcohol content) is available to all employees at locations described by the business. • Soap and water are available to all employees at locations described by the business. • Businesses are encouraged to describe other sanitation measures it is taking to protect employees and the public. Maintaining Social Distancing: Preventing Crowds • Make every reasonable effort to keep customers a minimum of six feet away from each other through the use of strategies such as one-way aisles and through ensuring a maximum number of customers that are allowed in the establishment at a time as described by the business. • Limit the number of customers in the store at any one time to a number described by the business. • Post an employee at the door to ensure that the maximum number of customers in the facility set forth above is not exceeded. • The business is encouraged to describe other measures it is taking to prevent crowds and maintain social distancing (e.g. providing hours of operations available to specific populations, such as seniors). I declare under penalty of perjury under the laws of the State of California that the information provided in this application is true and correct to the best of my knowledge. I certify that I will operate my business in accordance with all applicable Federal, State and City laws and regulations and in accordance with the protocols described above. I further understand that any false statements or deviations from the protocols listed above are a violation of the Chula Vista Municipal Code and are therefore subject to enforcement including fines and penalties. DocuSign Envelope ID: AB9E1B6F-A8CB-43F8-8C15-58CC1EA38BCE Rev: 5/5/2020 Business Owner/Representative Signature: Date: __________________________________ _______________________ Business Name and Location(s): DocuSign Envelope ID: AB9E1B6F-A8CB-43F8-8C15-58CC1EA38BCE