HomeMy WebLinkAbout2020-07-14 Item 02 - Revised ResolutionItem 2 – Revised 7/13/2020
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA RATIFYING EMERGENCY ORDER 005-2020 ISSUED BY THE
CHULA VISTA DIRECTOR OF EMERGENCY SERVICES (EFFECTIVE
JULY 1, 2020) AND EXTENDING THE CITY’S EVICTION
MORATORIUM ORDINANCE (EMERGENCY ORDINANCE NO. 3489-A)
THROUGH JULY 31, 2020
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), the County of San Diego
(February 19, 2020), and the City of Chula Vista (March 17, 2020 pursuant to City Council
Resolution No. 2020-065) 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, from March 18, 2020 through July 7, 2020, the County Order has
been amended and addended by the Health Officer multiple times to include additional
rules and restrictions in an effort to further promote public health and safety; and
WHEREAS, on March 17, 2020, the City Council adopted Emergency Ordinance
No. 3484-A (“City Order”), which affirmed and adopted the County Order 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 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 Governor of the State of California has stated that individuals may
be temporarily unable to report to work due to illness caused by COVID-19 or quarantines
related to COVID-19 and individuals directly affected by COVID-19 may experience
potential loss of income, health care and medical coverage, and ability to pay for housing
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and basic needs, thereby placing increased demands on already strained regional and local
health and safety resources, including shelters and food banks; and
WHEREAS, in December 2019, over 50,000 new unemployment claims were filed
with the California Employment Development Department and in a 12-day period since
March 13, 2020, over 1,000,000 Californians filed unemployment claims
(https://www.usatoday.com/story/news/nation/2020/03/25/coronavirus-stimulus-
unemployment-census-n-95-cruise-ship-wed-news/5081693002/); and
WHEREAS, in consideration of the above facts and circumstances, and others set
forth therein, the Governor of the State of California, issued Executive Order N-28-20
(dated March 16, 2020), Executive Order N-37-20 (dated March 27, 2020) and Executive
Order N-71-20 (dated June 30, 2020), pursuant to which the Governor imposed a statewide
eviction moratorium and/or authorized local entities, including cities, to enact moratoriums
to prevent evictions (including evictions from rental or leased residential or commercial
property or as a result of judicial foreclosure) based on impacts related to the COVID-19
virus (collectively, the “Governor’s Eviction Moratorium Orders”); and
WHEREAS, as a result of the public health emergency and the precautions
recommended and ordered by health authorities to address the health crisis of the COVID-
19 pandemic, the City of Chula Vista, including its residents, have also been negatively
impacted; and
WHEREAS, Chula Vista residents, particularly those within low wage and service
industries, are left without work and are experiencing sudden and unexpected loss of
income and health care. These households are at risk of maintaining housing and falling
into homelessness and may have limited access to health care and therefore, at greater risk
of exposure to infectious disease, such as COVID-19; and
WHEREAS, over 42% of the housing stock in the City of Chula Vista is rental
housing; and 44% of all Chula Vista renters pay more than 50% of their income towards
housing costs (2011-2015 CHAS); and
WHEREAS, 47% of Chula Vista’s households are of lower income and earn 80%
of the Area Median Income or less ($68,000 annual income for a family of four) and 46%
of these households pay more than 50% of their income towards housing costs as renters
and homeowners (2011-2015 CHAS); and
WHEREAS, even before the COVID-19 pandemic, there existed a lack of
affordable housing in the State of California, including San Diego County
(https://www.gov.ca.gov/2019/03/11/governor-newsom-announces-legislative-proposals-
to-confront-the-housing-cost-crisis/); and
WHEREAS, given existing income levels of Chula Vista residents and the existing
high cost of housing in San Diego County prior to the COVID-19 pandemic, any further
reductions in income would further exacerbate existing housing affordability issues; and
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WHEREAS, in consideration of the above facts and circumstances, and consistent
with the Governor’s Eviction Moratorium Orders, the City of Chula Vista adopted its own
Eviction Moratorium on the terms set forth in Ordinance 3483A (the “City Eviction
Moratorium”) to provide eviction protections during this volatile period of time for
vulnerable residents and commercial enterprises; and
WHEREAS, Amendments to the City Eviction Moratorium were made on April
7, 2020 to remain consistent with Executive Order N-37-20, provide greater clarity to
tenants and landlords in implementing the eviction moratorium and protections provided
thereby, and extend the moratorium through May 31, 2020; and
WHEREAS, the City Manager, acting as the Director of Emergency Services, has
additionally signed Order 03-2020 approving and adopting Eviction Moratorium
Regulations (the “Regulations”) to assist in implementing the City Eviction Moratorium,
effective April 1, 2020; and
WHEREAS, in light of the continuing adverse conditions in the community as a
result of the COVID-19 pandemic, on May 26, 2020, the City Eviction Moratorium was
amended to extend it through June 30, 2020; and
WHEREAS, since the last extension of the City’s Eviction Moratorium, the
following has occurred:
(1) The United States Department of Labor reported an insured unemployment rate
of 12.4 percent as of June 27, 2020. Initial unemployment insurance claims
totaled 1,399,699 in the week ending July 4, 2020 compared to 231,995 initial
claims in the comparable week in 2019, representing a 503% increase. For the
week ending June 20, 2020 California was among the highest insured
unemployment rates in the nation at 16.7 percent, ranking the 6th highest
(https://www.dol.gov/ui/data.pdf);
(2) A study by San Diego Workforce Partnership reported that San Diego County
may lose up to 350,000 jobs as a result of the COVID-19 virus
(https://workforce.org/news/potential-impact-of-covid-19-on-employment-in-
san-diego-county/);
(3) As of July 2, 2020, SANDAG reported the unemployment rate for the San
Diego region at 14.8 percent, with roughly 250,000 unemployed people in the
region, compared to about 50,000 pre-COVID. Chula Vista’s unemployment
rate (based on ZIP code) is higher than the region’s, with the unemployment
rate varying between 16 and 19 percent
(https://www.sandag.org/uploads/publicationid/publicationid_4685_27681.pdf
); and
(4) As of July 7, 2020, there were 289,468 confirmed cases in California, including
17,580 cases in San Diego County or 86% of the total cases and 399 deaths.
The number of cases has continued to grow with San Diego County placed on
the State’s monitoring list on July 6, 2020, with San Diego County reporting
129.3 cases per 100,000 on July 6, 2020, well above the State's metric of 100
per 100,000. Chula Vista’s rates of infection have been among the highest in
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San Diego County, with 2,290 positive COVID-19 cases as of July 6, 2020 and
represents 13.6% of the County’s cases.
WHEREAS, with continued rising positive COVID-19 cases in San Diego County
and Chula Vista and placement of San Diego County on the State’s monitoring list placing
restrictions over the next few weeks, further economic impacts are anticipated to continue
beyond June 30, 2020, leaving tenants (both commercial and residential) vulnerable to
eviction; and
WHEREAS, therefore, on July 1, 2020, the Chula Vista Director of Emergency
Services issued Emergency Order No. 005 -2020 extending the protections afforded to
tenants and homeowners against eviction or foreclosure as set forth in Ordinance No. 3489-
A of the City of Chula Vista until 12:00 a.m. on July 31, 2020 (the “DOE Order”); and
WHEREAS, the action proposed by this Resolution would ratify the DOE Order
and amend the City Eviction Moratorium to extend it through July 31, 2020; and
WHEREAS, Staff intends to return to City Council on July 28, 2020 to consider
whether or not to further extend the City Eviction Moratorium beyond July 31, 2020 based
upon further information related to ongoing needed for tenant protections and impacts on
the Chula Vista rental market; and
WHEREAS, In the interest of protecting the public health, preventing further
transmission of COVID-19 within the community, preventing unnecessary housing
displacement, protecting the City’s affordable housing stock, preventing further hardship
on commercial businesses, the City Council finds that it is necessary, appropriate, and in
the best overall interests of the community to extend the City Eviction Moratorium; and
NOW, THEREFORE, based on the facts, circumstances and findings set forth
above, the City Council of the City of Chula Vista hereby resolves as follows:
1. Emergency Order 005-2020 of the Chula Vista Director of Emergency
Services (Effective July 1, 2020), attached hereto as Attachment A, is hereby
ratified and confirmed; and
2. Emergency Ordinance No. 3489-A is hereby extended through July 31, 2020;
and
3. City staff is authorized and directed to take all necessary and appropriate
measures to implement this action.
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Presented by Approved as to form by
_____________________________ ______________________________
Maria V. Kachadoorian Glen R. Googins
City Manager/Director of Emergency Services City Attorney