HomeMy WebLinkAboutReso 2020-185RESOLUTION NO. 2020-185
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AND CONFIRMING
EMERGENCY ORDER 006-2020 (EFFECTIVE JULY 29, 2020)
OF THE CHULA VISTA DIRECTOR OF EMERGENCY
SERVICES ALLOWING CERTAIN BUSINESSES TO
TEMPORARILY OPERATE OUTDOORS AND
ESTABLISHING LOCAL HEALTH AND SAFETY
STANDARDS THEREFOR CONSISTENT WITH STATE AND
COUNTY GUIDELINES
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
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Resolution No. 2020-185
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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
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, from March 18, 2020 through July 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/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 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
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
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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 then-existing standards by expanding the
circumstances under which face coverings were 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 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, on May 26, 2020, the City Council ratified and confirmed Emergency Order
004-2020 of the Chula Vista Director of Emergency Services; and
WHEREAS, on July 1, 2020, the Emergency Director issued Emergency Order 005-2020
of the Chula Vista Director of Emergency Services (Effective July 1, 2020), which extended the
City’s eviction moratorium ordinance through July 31, 2020; and
WHEREAS, on July 9, 2020, the Emergency Director issued Emergency Order 002-D-
2020 of the Chula Vista Director of Emergency Services (Effective July 10, 2020), which
authorized City board, commission, and committee meetings to occur under specified
circumstances; permitted expanded uses of City parks and trails; and updated face covering
requirements to conform with County and State requirements; and
WHEREAS, on July 14, 2020, the City Council ratified and confirmed Emergency Order
005-2020 and Emergency Order 002-D-2020 of the Chula Vista Director of Emergency Services;
and
WHEREAS, on July 29, 2020, the Emergency Director issued Emergency Order 006-
2020 of the Chula Vista Director of Emergency Services (Effective July 29, 2020), attached
hereto as Attachment A, which allows certain businesses to temporarily operate outdoors subject
to local health and safety standards, and consistent with State and County guidelines; 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:
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1. Emergency Order 006-2020 of the Chula Vista Director of Emergency Services
(Effective July 29, 2020), attached hereto as Attachment A, is hereby ratified and
confirmed.
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 4th day of August 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. 2020-185 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 4th day of August 2020.
Executed this 4th day of August 2020.
Kerry K. Bigelow, MMC, City Clerk
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EMERGENCY ORDER
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
[Order No. 006-2020]
Standards for Outdoor Businesses
Effective Date: July 29, 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 the 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 29, 2020:
1. In General. Subject to the terms and conditions contained in this Order, and subject to
the terms of conditions of any other applicable federal, state or county law, order or
regulation, certain businesses located within the City of Chula Vista shall be allowed,
temporarily, to conduct their business operations outdoors.
2. Qualified Businesses. The businesses allowed to operate under the terms of this Order
are as follows: (a) salons, barber shops, gyms, fitness centers, spas, nail salons, massage,
and tattoo parlors; (b) restaurants, bars, wineries, and breweries that serve alcoholic
drinks only as part of a meal in compliance with the County of San Diego Order of the
Health Officer and Emergency Regulations, as amended and updated; and (c) cardrooms
as defined in Chula Vista Municipal Code section 5.20.010 (each a “Qualified Outdoor
Business”, and collectively, “Qualified Outdoor Businesses”). To be a “Qualified
Outdoor Business” under this Order, a business must first have or obtain a City business
license, along with any other federal, state or local license required for their particular
business.
3. Qualified Outdoor Areas. Outdoor areas allowed to be used for outdoor business
operations by Qualified Outdoor Businesses under this Order must be located either on
the premises owned, leased or licensed by the Qualified Outdoor Business, or
immediately adjacent thereto, without any intervening public road, alley or other right-of-
way (hereinafter, “Qualified Outdoor Area(s)”). Where the Qualified Outdoor Area(s)
proposed for business use is owned by a third party, a Qualified Outdoor Business must
first obtain any required permissions from the owner of such property and/or the owner’s
property management company, for such proposed use. Qualified Outdoor Areas may
include, but are not limited to, landscaped areas or parking lots. The following
restrictions and requirements apply to all Qualified Outdoor Areas:
a. All designated disabled person parking spaces must always remain open and
available for use by persons with disabilities.
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b. The area must comply with accessibility requirements of the Americans with
Disabilities Act (“ADA”) and California Disabled Access regulations.
c. The area must accommodate appropriate vehicle and pedestrian circulation,
including ADA path of travel requirements. Entrances and exits to parking lots
shall not be blocked. No driveway fronting a City street shall be closed unless
explicitly approved by the City Engineer or his/her designee.
d. The area must not use or encroach upon any City-owned property or public rights-
of-way, including but not limited to sidewalks, streets, and on-street parking
spaces, unless separately approved, in advance, by City as part of special
program, or pursuant to the terms of an approved encroachment permit.
4. Outdoor Business Operating Standards and Requirements: All Qualified Outdoor
Businesses must abide by the following operating standards and requirements:
a. Chula Vista Municipal Code Title 15, Buildings and Construction
b. Canopies, tents, or other similar overhead structures (collectively, “Canopies”)
must comply with all applicable fire and building codes, and all State and County
public health orders. Canopies having an area in excess of 400 square feet shall
not be erected, operated, or maintained for any purpose without first obtaining a
permit and approval from the Chula Vista Fire Department in accordance with
Chapter 31 of the 2019 California Fire Code, except in the following
circumstances; tents used exclusively for recreational camping purposes, and
Canopies open on all sides that comply with all of the following:
i. Individual Canopies having a maximum size of 700 square feet.
ii. The aggregate area of multiple Canopies placed side by side without a fire
break clearance of 12 feet, not exceeding 700 square feet total.
iii. A minimum clearance of 12 feet to all structures and other Canopies.
c. Any placement or installation of temporary improvements, including but not
limited to tables and chairs, lights, heat lamps, fans, Canopies, generators,
signage, and other items that support the Qualified Outdoor Business are subject
to all applicable provisions of the California building and fire codes.
d. No discharge of any types of solids or liquids, including water, can be made or
caused to be made into any storm drain.
e. Total occupancy of any Qualified Outdoor Area shall not exceed that business’s
maximum allowed indoor occupancy limit.
f. Qualified Outdoor Areas, including any adjacent landscaped areas, sidewalks, and
parking areas, shall be kept free of trash and debris at all times. Each Qualified
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Outdoor Business shall ensure the cleanup and removal of any trash and debris at
the conclusion of its operation on each and every day of operation.
g. Qualified Outdoor Businesses are responsible for maintaining compliance with
any and all other applicable federal, state or local laws or regulations in general
and for their industry, and obtaining any approvals required from other agencies,
including but not limited to the San Diego County Department of Environmental
Health, the San Diego Health and Human Services Agency, the California Board
of Barbering and Cosmetology, the California Department of Alcoholic Beverage
Control, and the California Department of Consumer Affairs.
h. Additional restrictions and operating requirements may be imposed by City on
Qualified Outdoor Businesses in Qualified Outdoor Areas for the purpose of
protecting life, safety, and welfare of the public as determined in City’s sole
discretion.
5. Term and Nature of Temporary Order. Unless extended, the term of this Order shall
terminate on July 28, 2021 at 11:59 p.m. During the time period this Order remains in
effect, so long as the requirements of this Order are complied with, the following
requirements that might otherwise be required for Qualified Outdoor Business operations
will be waived: the City’s requirements related to off-street parking contained in Chula
Vista Municipal Code section 19.62; the City’s requirements related to off-street parking
contained in any other City-issued permits; and the City’s requirements related to
temporary event permits.
6. Assumption of Risk and Release. Qualified Outdoor Businesses that operate in a
Qualified Outdoor Area under the terms of this order, or otherwise, assume all
responsibility and risk for costs incurred in the set-up or operations of such business,
and/or any liability, damages, losses and/or adverse consequence resulting from conduct
of their business operations. To the maximum amount allowed by law, the City shall not
incur or assume any direct or indirect liability to any Qualified Outdoor Business or third
party as a result of any business operations conducted pursuant to this order. Any
business operator conducting outdoor business operations under the authority of this
Order, by the act of engaging in such business thereby releases and holds City, and its
officers, officials, employees, representatives, and agents harmless from any and all
claims, losses, damages, injuries, liabilities or losses that arise out of, or that are in any
way related to, the operations of such business.
7. Revocation or Termination/Expiration of Outdoor Business Uses. Notwithstanding the
foregoing, City reserves the right to impose additional conditions on Qualified Outdoor
Businesses, both generally and specifically, and reserves the right to revoke a Qualified
Outdoor Business’s ability to temporarily locate its business activity to an Qualified
Outdoor Area for the purpose of protecting life, safety, and welfare of the public as
determined in City’s sole discretion. Upon expiration or termination of this Order, or
upon revocation of a Qualified Outdoor Business’s ability to temporarily operate its
business activity to a Qualified Outdoor Area, all waived and suspended requirements
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related to its business operations shall revert to the regulations as written and/or codified
in the Chula Vista Municipal Code. All improvements used for Qualified Outdoor
Business use shall be removed immediately at the expense of the Qualified Outdoor
Business operator, and all outdoor spaces utilized pursuant to this order shall be returned
to the condition they were in prior to their outdoor business use.
8. Amendment, Interpretation and Revocation. 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
9. 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.
10. 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 reduces both physical and economic
harm.
11. 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; 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 July 21, 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 State of California
including but not limited to county-specific guidance, industry guidance, and the Face
Coverings Guidance; 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.
12. This Order comes after the release of substantial guidance from the County of San Diego
Public 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.
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13. 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:
Maria V. Kachadoorian,
City Manager/Director of Emergency Services
Approved as to Form:
BY:
_______________________________
Glen R. Googins, City Attorney,
City of Chula Vista
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