HomeMy WebLinkAbout2020-05-26 Item 02
v . 0 01 P a g e | 1
May 26, 2020 File ID: 20-0220
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING AND CONFIRMING
EMERGENCY ORDER 004-2020 (EFFECTIVE MAY 22, 2020) OF THE CHULA VISTA DIRECTOR OF
EMERGENCY SERVICES TOLLING AND EXTENDING LAND USE AND BUILDING-PERMIT RELATED ACTIONS
FOR 180 DAYS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
This proposed resolution ratifies and confirms Emergency Order 004-2020 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 004-2020 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, despite sustained efforts, 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 21, 2020, the total number of
County cases involving residents of Chula Vista has risen to 930 persons, 14.9% of the County’s total cases.
P a g e | 2
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. Due to the restrictions inherent in the State and County stay at
home orders, and the related diversion of resources to address this continuing emergency, the Director of
Development Services has determined that it is appropriate to toll and extend various land use and building-
permit related deadlines. As a result, on May 21, 2020, the Emergency Director issued Emergency Order
004-2020 (effective May 22, 2020). This Order tolls and extends for 180 days specified land use and building-
permit related actions, such as deadlines to review or take action on land use entitlements, permits, and
approvals; deadlines to exercise and continually pursue rights granted under land use entitlements, permits,
and approvals; deadlines to review and approve building permit applications and plan approvals; and
deadlines for the expiration of building permits and plan approvals. These tolling provisions do not apply to
deadlines for complying with code enforcement orders for life safety corrections.
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.
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 004-2020 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 004-2020 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. Resolution
2. Attachment A: Emergency Order No. 004-2020
Staff Contact: Gary Halbert; Glen Googins; Kelly Broughton
Page 1 of 4
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA RATIFYING AND CONFIRMING EMERGENCY ORDER 004-
2020 (EFFECTIVE MAY 22, 2020) OF THE CHULA VISTA DIRECTOR
OF EMERGENCY SERVICES TOLLING AND EXTENDING LAND USE
AND BUILDING PERMIT-RELATED ACTIONS FOR 180 DAYS
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 Offi cer 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
adopt the County Order as a local measure in order to protect the life and property of the
Page 2 of 4
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
public and private workers wear face coverings while interacting with the public and
preparing food for public consumption; and
Page 3 of 4
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),
which opened City parks and trails subject to specified terms, and which updated 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, on May 12, 2020, the City Council ratified and confirmed
Emergency Order 002-C-2020 of the Chula Vista Director of Emergency Services; and
WHEREAS, on May 19, 2020, the Governor of California issued Executive
Order N-65-20 which stated that, among other things, strict compliance with certain
statutes and regulations would prevent, hinder, or delay appropriate actions to prevent
and mitigate the effects of the COVID-19 pandemic (“State Order 65-20”); and
WHEREAS, on May 21, 2020, the Emergency Director issued Emergency Order
004-2020 of the Chula Vista Director of Emergency Services (Effective May 22, 2020),
which tolled and extended the deadlines for land use and building permit-related actions
for 180 days; 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:
Page 4 of 4
1. Emergency Order 004-2020 of the Chula Vista Director of Emergency
Services (Effective May 22, 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
Page 1 of 3
EMERGENCY ORDER
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
[Order No. 004-2020]
Effective Date: May 22, 2020
Pursuant to CVMC section 2.14.080 [Director – Powers and Duties] and Chula Vista City
Council Resolution No. 2020-065, the Chula Vista Director of Emergency Services (“Emergency
Director”)
ORDERS AS FOLLOWS:
Effective 12:00 a.m. on Friday, May 22, 2020:
1. All deadlines for land use and building permit-related actions established by any
provision of laws, ordinances, regulations, resolutions, rules and statutes, including
provisions contained in the Housing Accountability Act, Permit Streamlining Act,
California Environmental Quality Act, the Subdivision Map Act, and Chapters 13, 15, 17,
18, and 19 of the Chula Vista Municipal Code, are hereby tolled and extended starting
May 22, 2020 for 180 days.
2. For purposes of this order, “deadlines for land use and building permit-related actions”
shall include:
a. Deadlines to review, determine the completeness of, or take action on applications for
land use entitlements, permits, and approvals issued under Chapter 19 of the Chula
Vista Municipal Code.
b. Deadlines to open or conclude public hearing on, or to authorize an automatic
approval, denial, or disapproval of, applications for land use entitlements, permits, or
approvals issued under Chapter 19 of the Chula Vista Municipal Code.
c. Deadlines to exercise and continuously pursue the rights granted under land use
entitlements, permits and approvals issued under Chapter 19 of the Chula Vista
Municipal Code.
d. Deadlines for review and approval of applications for a building permit, plan review
and related approvals issued under Chapter 15 of the Chula Vista Municipal Code.
e. Deadlines for expiration of issued building permits, plan reviews and related
approvals issued under Chapter 15 of the Chula Vista Municipal Code.
3. In the event of conflict, all deadlines for land use and permit-related actions shall be
tolled and suspended consistent with State law and any directives issued by the Governor.
DocuSign Envelope ID: 4C65A4A7-230F-4CC0-B6EF-83A9A8ABE0C8
Page 2 of 3
4. Tolling provisions do not apply to deadlines for complying with code enforcement orders
for life safety corrections issued by the Building Official or Fire Marshall.
5. Nothing in this order prohibits applicable City Departments from continuing to process
applications in a reasonable and timely manner.
6. This order may be expanded, interpreted, or amended pursuant to the independent
judgment of the Chula Vista Director of Emergency Services and in accordance with Chula
Vista Municipal Code section 2.24.080(F)(1).
GENERAL PROVISIONS
7. 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.
8. 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.
9. 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 May 10, 2020); the
Proclamation of a State of Emergenc y issued by the Governor of the State of California
on March 4, 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 including, but not limited to the Face Coverings Guidance issued on
April 1, 2020; the State of California’s “Resilience Roadmap”; and Proclamation 9984
regarding COVID-19 issued by the President of the United States on March 11, 2020.
DocuSign Envelope ID: 4C65A4A7-230F-4CC0-B6EF-83A9A8ABE0C8
Page 3 of 3
10. 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.
11. 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.
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: 4C65A4A7-230F-4CC0-B6EF-83A9A8ABE0C8