HomeMy WebLinkAboutReso 2020-154RESOLUTION NO. 2020-154
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 and basic needs, thereby
placing increased demands on already strained regional and local health and safety resources,
including shelters and food banks; and
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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 to wards 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); and
(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/); and
(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 6% 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 San Diego County,
with 2,290 positive COVID-19 cases as of July 6, 2020 and represents 13% of the County’s cases.
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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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
based on the facts, circumstances and findings set forth above; 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
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of July 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: McCann
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. 2020-154 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 14th day of July 2020.
Executed this 14th day of July 2020.
Kerry K. Bigelow, MMC, City Clerk
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EMERGENCY ORDER
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
[Order No. 005-2020]
Effective Date: July 1, 2020
Pursuant to CVMC section 2.14.080 [Director – Powers and Duties], Chula Vista City
Council Resolution No. 2020-065, and the Proclamation of State Emergency issued on March 4,
2020 by Governor of the State of California, the Chula Vista Director of Emergency Services
(“Emergency Director”) hereby
ORDERS AS FOLLOWS:
Effective 12:01 a.m. on Wednesday, July 1, 2020:
1. 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 are hereby extended until 12:00
a.m. on July 31, 2020.
2. In addition to the proclamations and orders listed in the General Provisions, below, this
Order No. 005-2020 is issued in accordance with, and incorporates by reference the
findings set forth in, the following Executive Orders issued by the Governor of
California: Order N-28-20, issued on March 16, 2020; Order N-37-20, issued on March
27, 2020; Order N-66-20, issued May 29, 2020; and Order N-71-20 issued June 30, 2020.
3. This order may be expanded, interpreted, amended, or revoked pursuant to the independent
judgment of the Chula Vista Director of Emergency Services and in accordance with Chula
Vista Municipal Code section 2.14.080.F.1, or by Resolution of the City Council.
GENERAL PROVISIONS
4. 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.
5. 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 protect the property and physical well-
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being of individuals and families adversely affected by the COVID-19 virus, to reduce
the number of individuals that might otherwise be dislocated and left without adequate
shelter, and/or more exposed to COVID-19.
6. 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 Emergency 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.
7. 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.
8. 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 2.14.080.F.1, subject to
confirmation of the City Council at the earliest practical time.
SO ORDERED,
BY: Approved as to form:
____________________________
Maria V. Kachadoorian, Glen R. Googins,
City Manager/Director of Emergency Services City Attorney
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