HomeMy WebLinkAboutReso 2020-266RESOLUTION NO. 2020-266
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AND CONFIRMING (1)
EMERGENCY ORDER 002-2020 (AMENDED NOVEMBER 19,
2020), PROVIDING THAT A RESPONSIBLE PARTY SHALL
BE ALLOWED A MINIMUM OF 24 HOURS, TO CORRECT
VIOLATION OF A PUBLIC HEALTH ORDER, AS REVISED
TO ALLOW NO MORE THAN 72 HOURS TO CORRECT
VIOLATION OF A PUBLIC HEALTH ORDER, ABSENT
EXTENUATING CIRCUMSTANCES; AND (2) EMERGENCY
ORDER 006-2020 (AMENDED NOVEMBER 23, 2020),
EXPANDING PROVISIONS AND REGULATIONS RELATED
TO OUTDOOR BUSINESS OPERATIONS
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, the County Health Officer has issued a series of amendments and addendums
to the County Order since March 12, 2020, the most recent of which was issued November 21,
2020; 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
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Resolution No. 2020-266
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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 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 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 are increasing in both the State of
California (https://covid19.ca.gov/state-dashboard/ ) and the City of Chula Vista
(https://www.sandiegocounty.gov/content/sdc/hhsa/programs/phs/community_epidemiology/dc/
2019-nCoV/status.html ); and
WHEREAS, on April 9, 2020, the Emergency Director issued Emergency Order 002-2020,
which affirmed and adopted the County Order, as that County 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 21, 2020, the City Council ratified and confirmed Emergency Order
002-2020 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), which allowed
certain businesses to temporarily operate outdoors subject to local health and safety standards, and
consistent with State and County guidelines; and
WHEREAS, on September 15, 2020, the Emergency Director issued amended Emergency
Order 002-2020, which affirmed and adopted Individual County Orders, as such Orders may be
from time to time issued, as the City Order, enforceable pursuant to local and state laws; and
WHEREAS, on September 22, 2020, the City Council ratified and confirmed Emergency
Order 002-2020 (Amended September 15, 2020) of the Chula Vista Director of Emergency
Services; and
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Resolution No. 2020-266
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WHEREAS, on November 10, 2020, the State moved San Diego County into Tier 1, also
known as Purple Tier, of the state’s COVID-1 risk levels, placing further restrictions on a variety
of businesses and activities in San Diego County; and
WHEREAS, based on the alarming increase in COVID-19 cases in California, on
November 19, 2020, the California Department of Public Health issued a “Limited Stay at Home
Order” effective in counties under Tier One of California’s Blueprint for a Safer Economy, further
restricting gatherings and limiting activities outside between 10:00pm and 5:00am; and
WHEREAS, on November 19, 2020, in an effort to increase compliance with public health
orders and curb the spread of COVID-19 in our community, the Emergency Director further
amended Emergency Order 002-2020 to specify that responsible parties shall have a minimum of
24 hours to correct violations of public health-related orders; and
WHEREAS, on December 3, 2020, the City Council further amended Emergency Order
002-2020 to specify that responsible parties shall have a maximum of 72 hours to correct violations
of public health-related order, absent extenuating circumstances, as determined in the discretion
of the Director of Emergency Services, notwithstanding any Chula Vista Municipal Code
provision to the contrary; and
WHEREAS, on November 23, 2020, the Emergency Director amended Emergency Order
006-2020 to expand the types of businesses permitted to operate outdoors and to add regulations
related to outdoor business operation to enhance public safety and reduce adverse impacts on
surrounding neighborhoods and uses; and
WHEREAS, 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) requiring emergency action by the Emergency Director, as authorized by CVMC
Section 2.14.080 [Director-Powers and Duties] and the Emergency Resolutions; 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:
1. Emergency Order 002-2020 of the City of Chula Vista Director of Emergency Services
Amended November 19, 2020, as further amended by the City Council on December
3, 2020, attached hereto as Attachment A, and Emergency Order 006-2020 of the Chula
Vista Director of Emergency Services Amended November 23, 2020, attached hereto
as Attachment B, are hereby ratified and confirmed.
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Resolution No. 2020-266
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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 3rd day of December 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. 2020-266 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 3rd day of December 2020.
Executed this 3rd day of December 2020.
Kerry K. Bigelow, MMC, City Clerk
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EMERGENCY ORDER
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
[NO. 002-2020]
AMENDED December 3, 2020
WHEREAS, there exists a worldwide COVID-19 pandemic as declared by the World
Health Organization on January 30, 2020. On January 31, 2020, the United States Secretary of
Health and Human Services also declared a Public Health Emergency due to the COVID-19
virus; and
WHEREAS, various states of emergency have been declared by the United States of
America (March 13, 2020), the State of California (March 4, 2020), and the County of San Diego
(February 19, 2020) because of the threat to the safety of the public (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 [Director – Powers and Duties], 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 Resolutions”); 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
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
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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, since March 17, 2020, the County Health Officer has issued a series of
amendments and addendums to the County Order, which most current Order is attached hereto and
incorporated herein as Exhibit A; and
WHEREAS, the San Diego County Public Health Officer has, from time to time, issued
an individual Order of the Health Officer directing specific businesses to immediately close,
perform certain actions, or comply with conditions in order to control the spread of COVID-19;
and; and
WHEREAS, the Director anticipates that the Health Officer may issue additional
amendments and addendums to the County Order and may issue additional individual Orders at
any time to address changing circumstances of the COVID-19 pandemic; and
WHEREAS, COVID-19 cases continue to rise at an exponential rate in the State of
California and County of San Diego, prompting enhanced public health measures, such as
imposition of a limited stay at home order in San Diego County, and precipitating the need for
increased, coordinated enforcement of public health orders at the County and local levels; and
WHEREAS, 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) requiring emergency action by the Emergency Director, as authorized by CVMC
Section 2.14.080 [Director-Powers and Duties] and the Emergency Resolutions; and
WHEREAS, with this City Order, the 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, to ensure that the City Order is substantively
consistent and current with the County Order and any individual Orders issued by the San Diego
County Public Health Officer, as those orders may from time to time be issued, amended, and
addended, and to promote compliance with and facilitate enforcement of the City Order for the
protection of the public health and safety and life and property of the residents of, and visitors to,
Chula Vista.
NOW THEREFORE the Director of Emergency Services of City of Chula Vista does
order as follows:
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IT IS HEREBY ORDERED THAT:
1. The Order of the Health Officer and Emergency Regulations (Effective April 9, 2020)
issued by Wilma J. Wooten, M.D., M.P.H., the County of San Diego Public Health Officer,
as that Order may be from time to time be updated and amended (“County Order”), is
hereby affirmed and adopted as the Order and Emergency Regulations of the City of Chula
Vista (“City Order”). As of the date of this City Order, the current form of the County
Order, effective November 21, 2020, is attached hereto as Exhibit A and incorporated
herein by this reference. Any subsequent updates or amendments to the County Order may
be found at https://www.sandiegocounty.gov/hhsa/programs/phs/ . In addition, any Order of the
Health Officer issued by the County of San Diego Public Health Officer and directed to an
individual business, as such Orders may be from time to time issued (“Individual County
Orders”) (“County Order” and “Individual County Orders” collectively, “County Orders”),
are also hereby affirmed and adopted as the City Order.
2. This City Order originally went into effect at 12:00 a.m. on April 10, 2020. This amended
City Order shall go to into effect at 12:00 a.m. on December 4, 2020, and shall remain in
effect throughout the duration of the County Orders, including any County extensions
thereof. The City Order may be further extended or sooner terminated by the Emergency
Director or the Chula Vista City Council.
3. This City Order is not limited to the County Orders, and may be expanded or amended to
apply to additional businesses or circumstances pursuant to the independent judgment of
the Chula Vista Director of Emergency Services, consistent with their authority to make
and issue rules and regulations reasonably related to the protection of life and property.
This City Order shall be presented to the City Council for confirmation as provided in
Chula Vista Municipal Code section 2.14.080.
4. Violations of the City Order shall be enforceable to the maximum extent authorized by
law, including without limitation, as set forth in Chula Vista Municipal Code sections
1.20.010(A) and 2.14.140 and Health and Safety Code section 120295. Pursuant to the
City’s authority to issue rules and regulations for the protection of the public health and
safety and life and property of the residents of, and visitors to, Chula Vista, where a Notice
of Violation is issued in accordance with Chula Vista Municipal Code section 1.41.030 for
violation of the City Order, the responsible party shall be allowed a minimum of 24 hours,
but no more than 72 hours, to correct the violation, absent extenuating circumstances, as
determined in the discretion of the Director of Emergency Services, notwithstanding any
Chula Vista Municipal Code provision to the contrary.
IT IS SO ORDERED. Approved as to form by:
_____________________________________ ____________________________________
Maria V. Kachadoorian Glen R. Googins
City Manager/ City Attorney
Director of Emergency Services
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ORDER OF THE HEALTH OFFICER
AND EMERGENCY REGULATIONS
(Effective November 21 , 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) ORDERS AS FOLLOWS:
Effective 12:01 a.m. on Saturday, November 21, 2020, and continuing until further notice, the
following will be in effect for San Diego County (county):
1.All persons are to remain in their homes or at their place of residence, except for employees
or customers traveling to and from essential businesses or reopened businesses as defined in
sections 10 and 11, below, or to participate in individual or family outdoor activity as allowed
by this Order.
2.All “gatherings,” as defined in the California Department of Public Health Guidance for
Private Gatherings found at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-
19/CDPH-Guidance-for-the-Prevention-of-COVID-19-Transmission-for-Gatherings-10-
09.aspx, shall comply with both said guidance, and the Limited Stay at Home Order issued by
the California Health Officer on November 19, 2020 found at:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/limited-stay-at-home-
order.aspx. Gatherings not in compliance are prohibited.
3. SCHOOLS
a.All public, charter, and private schools may hold classes and other school activities
only under circumstances permitted by the State and in compliance with the COVID-
19 Industry Guidance: Schools and School - Based Programs, and as may be updated
or superseded by further State guidance. Institutions of higher education may hold
classes or other school activities only under circumstances permitted by the State and
in compliance with the COVID – 19 Industry Guidance: Institutions of Higher
Education and as may be updated or superseded by further State guidance. A written,
HEALTH AND HUMAN SERVICES AGENCY
PUBLIC HEALTH SERVICES
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
worksite-specific COVID-19 prevention plan as stated in their applicable state
guidance may be used by schools and institutions of higher education in lieu of a
Social Distancing and Sanitation Protocol or Safe Reopening Plan.
b. All school districts, charter schools, and private schools serving grades TK – 12
inclusive, shall report the following to the San Diego County Office of Education
(SDCOE) on or before the second and fourth Monday of each month, in a format
designated by SDCOE:
i. Number of students participating in full-time in-person learning, by school
site and school district, if applicable.
ii. Number of students participating in hybrid learning (a mix of in-person and
distance learning) by school site and school district, if applicable.
iii. Number of students participating in distance learning by school site and
school district, if applicable.
iv. Number of school employees who work onsite at a school, by school site and
school district, if applicable.
v. The name, email, mailing address, and phone number of the person
responsible for responding to complaints regarding COVID-19 prevention,
by school site and school district, if applicable.
SDCOE shall report this information to the County of San Diego by the end of
business on the following day (Tuesday) and shall post this information on its publicly
facing website.
c. All school districts, charter schools, and private schools serving grades TK – 12
inclusive, as required in the most recent COVID -19 Industry Guidance: Schools and
School-Based Programs, shall notify local health officials immediately of any
positive case of COVID-19, and exposed staff and families, as relevant, while
maintaining confidentiality as required by state and federal laws.
4. Child daycare and child care providers shall operate in compliance with the measures set forth
in State COVID-19 Updated Guidance: Child Care Programs and Providers and shall prepare
and post a Safe Reopening Plan pursuant to section 11c, below.
5. “Non-essential personnel,” as defined in section 15a below, are prohibited from entry into any
hospital or long-term care facility. All essential personnel who are COVID-19 positive or
show any potential signs or symptoms of COVID-19 are strictly prohibited from entry into
hospitals or long-term care facilities. Notwithstanding the foregoing, individuals requiring
medical care for COVID-19 or related conditions may be admitted to hospitals or other
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
medical facilities if the hospital or medical facility is appropriate for treating COVID-19 and
has adequate precautions in place to protect its patients, medical personnel and staff.
6. Hospitals and healthcare providers, including dentists shall:
a. Take measures to preserve and prioritize resources; and,
b. May authorize and perform non-emergent or elective surgeries or procedures based
on their determination of clinical need and supply capacity, and where consistent
with State guidance.
c. Nothing in this Order shall prevent physicians and other healthcare providers from
conducting routine preventive care provided it conforms to any applicable State
guidance.
d. Nothing in this Order shall prevent dentists or dental hygienists from conducting
routine preventive care provided it conforms to any applicable State guidance.
7. Hospitals, healthcare providers, pharmacies, commercial testing laboratories, and any other
setting conducting testing shall report all positive and non-positive (i.e., negative,
indeterminate, and specimen unsatisfactory) test results from nucleic acid amplification tests,
antibody tests, and antigen diagnostic tests for SARS-CoV-2 to the Public Health Officer
immediately after such results are received.
8. Face coverings shall be worn as described and required in California Department of Public
Health Face Covering Guidance issued on November 16, 2020, (available at:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-
coverings.aspx ).
9. All businesses not meeting the definition of essential business or reopened business in section
10 and 11 below are referred to in this Order as “non-essential businesses” and shall be and
remain closed for the duration of this Order. All essential businesses and reopened businesses
must comply with the requirements of this Order. Notwithstanding the foregoing, any business
may remain open if its employees and owners can provide its services from home, including
by telecommuting, without direct contact with the public.
10. ESSENTIAL BUSINESSES
a. “Essential business” is any business or activity (or a business/activity that
employs/utilizes workers) designated by the State Public Health Officer as “Essential
Critical Infrastructure Workers” set forth in: https://covid19.ca.gov/img/Essential
CriticalInfrastructureWorkers.pdf) as that list may be updated from time-to-time, and
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
referenced in Executive Order N-33-20 issued by the Governor of the State of
California.
b. All essential businesses that allow members of the public to enter a facility must
prepare and post a “Social Distancing and Sanitation Protocol” on the form available
at: https://www.sandiegocounty
.gov/content/dam/sdc/hhsa/programs/phs/Epidemiology/covid19/SOCIAL_DISTAN
CING_AND_SANITATION_PROTOCOL_04022020_V1.pdf ), or on a form
required by another governmental entity requiring substantially similar information,
for each of their facilities open to the public in the county. The Social Distancing and
Sanitation Protocol must be posted at or near the entrance of the relevant facility, and
shall be easily viewable by the public and employees. A copy of the Social Distancing
and Sanitation Protocol must also be provided to each employee performing work at
the facility. All essential businesses shall implement the Social Distancing and
Sanitation Protocol and provide evidence of its implementation to any authority
enforcing this Order upon demand. The Social Distancing and Sanitation Protocol
must describe all measures required in section c below. Any business that fails to
prepare and successfully implement a Social Distancing and Sanitation Protocol shall
immediately close.
c. When the State of California has issued an industry guidance, or any subsequent
amendments thereto, with mandatory or suggested restrictions and/or measures to be
implemented by a particular sector of essential business, every essential business in
that sector must comply with the guidance and shall include in its Social Distancing
and Sanitation Protocol (prepared pursuant to section b, above) all of the measures
listed in the industry guidance. Any mandatory measures required by this Order must
also be included in a Social Distancing and Sanitation Protocol.
11. REOPENED BUSINESSES
a. “Reopened business” is a business that is not an essential business as defined in
section 10a above, and has reopened in conformance with the State of California’s
Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep
Californians Healthy and Safe (available at
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-
19/COVID19CountyMonitoringOverview.aspx
Statewide Public Health Officer Order, issued by the California Department of Health
Services on August 28, 2020, all portions of which are operative in San Diego County
effective immediately, and available at {
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/C
OVID-19/8-28-20_Order-Plan-Reducing-COVID19-Adjusting-Permitted-Sectors-
Signed.pdf}. A reopened business may open when the Public Health Officer has posted
an acknowledgement of the reopened status on the County of San Diego Coronavirus
website and the business has complied with the requirements of this Order.
b. The State of California’s Blueprint for a Safer Economy establishes a four tier system
for reopening business sectors. Those business sectors listed in the Activities and
Business Tiers table are allowed to reopen per San Diego’s tier assignment and under
the conditions set forth in the chart.
i. Every business in the following sectors listed in the Activities and Business
Tiers that are permitted to operate indoors shall require all customers who
receive services indoors or use indoor facilities to sign in with their name and
telephone number:
1. Hair Salons & Barbershops
2. Personal Care Services
c. All reopened businesses, with the exception of restaurants, bars, wineries, distilleries
and breweries which do not limit services to take-out or delivery, must prepare and
post a “Safe Reopening Plan” on the form available
at:https://www.sandiegocounty.gov/content/dam/sdc/hhsa/programs/phs/Epidemiolo
gy/covid19/Community_Sector_Support/BusinessesandEmployers/SafeReopeningP
lanTemplate.pdf for each of their facilities in the county. Restaurants bars, wineries,
distilleries and breweries which do not limit services to take-out or delivery, must
prepare and post a “COVID-19 Restaurant Operating Protocol” on the form found at
https://www.sandiegocounty.gov/content/dam/sdc/deh/fhd/food/pdf/covid19sdrestau
rantoperatingprotocol_en.pdf for each restaurant in the county.
d. The Safe Reopening Plan or COVID-19 Restaurant Operating Protocol must be
posted at or near the entrance of the relevant facility, and shall be easily viewable by
the public and employees. A copy of the Safe Reopening Plan or COVID-19
Restaurant Operating Protocol must also be provided to each employee performing
work at the facility. All reopened businesses shall implement the Safe Reopening
Plan or COVID-19 Restaurant Operating Protocol and provide evidence of its
implementation to any authority enforcing this Order upon demand. The Safe
Reopening Plan or COVID-19 Restaurant Operating Protocol must describe all
measures required in section e, below. Any business that fails to prepare and comply
with its Safe Reopening Plan or COVID-19 Restaurant Operating Protocol shall
immediately close.
e. When the State of California has issued an industry guidance, or any subsequent
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
amendments thereto, with mandatory or suggested restrictions and/or measures to be
implemented by a particular sector of reopened business, every reopened business in
that sector must comply with the guidance and shall include in its Safe Reopening
Plan or COVID-19 Restaurant Operating Protocol (prepared pursuant to section c,
above) all of the measures listed in the industry guidance. Any mandatory measures
required by this Order must also be included in a Social Distancing and Sanitation
Protocol.
f. All restaurants, bars, wineries, distilleries and breweries shall be closed from 10:00
p.m. until 5:00 a.m. every day except for delivery, take-out, and drive-thru.
12. Each essential business and reopened business shall take all of the following actions if an
employer becomes aware that an employee is diagnosed with COVID-19:
a. Promptly notify the County Department of Public Health that there is an employee
that is laboratory-confirmed diagnosed with COVID-19, together with the name, date
of birth, and contact information of the employee.
b. Cooperate with the County Department of Public Health’s COVID-19 response team
to identify and provide contact information for any persons exposed by the employee
at the workplace.
c. Provide notice of the exposure to any employees, and contractors (who regularly work
at the workplace), who may have been exposed to COVID-19, as stated in the State’s
COVID-19 Employer Playbook for a Safe Reopening, available at
{https://files.covid19.ca.gov/pdf/employer-playbook-for-safe-reopening--en.pdf}.
13. OUTDOOR RECREATION
a. Each public park and recreation area or facility, shall operate in compliance with the
measures set forth in the State COVID-19 Industry Guidance: Campgrounds, RV
Parks and Outdoor Recreation. The operator of the park shall prepare a Safe
Reopening Plan pursuant to section 11, above, indicating how the park or recreation
facility will implement the required measures. Any park or recreation area/facility at
which the Protocol requirements cannot be effectively implemented may be required
to close.
b. Outdoor recreation instruction and day camps that comply with the State COVID-19
Industry Guidance: Day Camps, may be conducted in park and recreation
areas/facilities.
c. Recreational boating may occur in compliance with applicable State guidance:
https://files.covid19.ca.gov/pdf/guidance-campgrounds.pdf.
d. Outdoor playgrounds may operate in compliance with the State guidance Outdoor
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
Playgrounds and other Outdoor Recreational Facilities, available at:
{https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-
19/Outdoor%20Playgrounds%20and%20other%20Outdoor%20Recreational%20Fa
cilities.aspx}.
14. Persons who have been diagnosed with COVID-19, or who are likely to have COVID-19, shall
comply with the Order of the Health Officer titled: “Isolation of All Persons with or Likely to
have COVID-19”, or as subsequently amended. Persons who have a close contact with a person
who either has COVID-19, or is likely to have COVID-19, shall comply with the Order of the
Health Officer titled: “Quarantine of Persons Exposed to COVID-19,” or as subsequently
amended. Both orders are available at:
https://www.sandiegocounty.gov/content/sdc/hhsa/programs/phs/community_epidemiology/d
c/2019-nCoV/health-order.html. If a more specific isolation or quarantine order is issued to a
person, that order shall be followed.
15. For purposes of this Order:
a. “Non-essential personnel” are employees, contractors, or members of the public who
do not perform treatment, maintenance, support, or administrative tasks deemed
essential to the healthcare mission of the long-term care facility or hospital. Non-
essential personnel do not include first responders, nor State, federal, or local officials,
investigators, or medical personnel carrying out lawful duties. Non-essential
personnel do not include visitors to hospitals and long-term care facilities who are
granted entry by the facility’s director, or designee, because they are family or friends
who are visiting a resident in an end of life or similar situation, are parents or
guardians visiting a child who is a patient, or because of any other circumstances
deemed appropriate by the facility director, or designee, and where appropriate
precautions by the facility that follow federal, State, and local public health guidance
regarding COVID-19 are followed.
b. “Social distancing” is maintaining a six-foot separation from all persons except for
household members, first responders and medical providers or employees conducting
temperature screenings.
16. This Order is issued as a result of the World Health Organization’s declaration of a worldwide
pandemic of COVID-19 disease, also known as “novel coronavirus.”
17. This Order is issued based on scientific evidence regarding the most effective approaches to
slow the transmission of communicable diseases generally and COVID-19 specifically, as well
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
as best practices as currently known and available to protect vulnerable members of the public
from avoidable risk of serious illness or death resulting from exposure to COVID-19. The age,
condition, and health of a significant portion of the population of the county places it at risk
for serious health complications, including death, from COVID-19. Although most individuals
who contract COVID-19 do not become seriously ill, persons with mild symptoms and
asymptomatic persons with COVID-19 may place other vulnerable members of the public—
such as older adults, and those with underlying health conditions—at significant risk.
18. 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 county. By
reducing the spread of COVID-19, this Order will help preserve critical and limited healthcare
capacity in the county and will save lives.
19. This Order is issued in accordance with, and incorporates by reference: a) the Declaration of
Local Health Emergency issued by the Health Officer on February 14, 2020; b) the
Proclamation of Local Emergency issued by the County Director of Emergency Services on
February 14, 2020; c) the action of the County Board of Supervisors to ratify and continue
both the local health emergency and local emergency on February 19, 2020; d) the
Proclamation of a State of Emergency issued by the Governor of the State of California on
March 4, 2020; e) Executive Order N-25-20 issued by the Governor of the State of California
on March 12, 2020 which orders that “All residents are to heed any orders and guidance of
state and local health officials, including but not limited to the imposition of social distancing
measures, to control COVID-19”; f) Proclamation 9984 regarding COVID-19 issued by the
President of the United States on March 11, 2020; g) Executive Order N-33-20 issued by the
Governor of the State of California on March 19, 2020; h) the “Interim Additional Guidance
for Infection Prevention and Control for Patients with Suspected or Confirmed COVID-19 in
Nursing Homes” issued by the CDC; i) 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; j) the State of California’s “Resilience Roadmap;” the State of
California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep
Californians Healthy and Safe; and, the California Statewide Public Health Officer Order dated
August 28, 2020.
20. This Order is issued to prevent circumstances often present in gatherings that may exacerbate
the spread of COVID-19, such as: 1) the increased likelihood that gatherings will attract people
from a broad geographic area; 2) the prolonged time period in which large numbers of people
are in close proximity; 3) the difficulty in tracing exposure when large numbers of people
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
attend a single event or are at a single location; and 4) the inability to ensure that such persons
follow adequate hygienic practices.
21. This Order is issued to provide additional opportunities for recreational activities while also
requiring additional protections from the spread of COVID-19 to the public who are taking
advantage of these opportunities for recreational activities. And providing additional
protections for employees of essential businesses or reopened business and their
customers/clients.
22. This Order is issued to protect the public health as businesses are allowed to reopen by
requiring businesses to implement procedures necessary to ensure their employees and
customers comply with social distancing, sanitation and screening practices.
23. This Order comes after the release of substantial guidance from the Health Officer, the
California Department of Public Health, the CDC, and other public health officials throughout
the United States and around the world.
24. The statement of facts and circumstances set forth as justification for each Guidance issued by
the California Department of Health Services that is referenced in this Order are hereby
accepted and incorporated by reference into this Order.
25. Pursuant to Health and Safety Code section 120175.5 (b) all governmental entities in the
county shall take necessary measures within the governmental entity’s control to ensure
compliance with this Order and to disseminate this Order to venues or locations within the
entity’s jurisdiction where gatherings may occur.
26. Violation of this Order is subject to fine, imprisonment, or both. (California Health and Safety
Code section 120295.)
27. To the extent necessary, this Order may be enforced by the Sheriff or chiefs of police pursuant
to Government Code sections 26602 and 41601 and Health and Safety Code section 101029.
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ORDER OF THE HEALTH OFFICER AND EMERGENCY REGULATIONS
28. Once this Order takes effect it shall supersede the Order of the Health Officer and Emergency
Regulations dated November 14, 2020.
IT IS SO ORDERED:
Date: November 20, 2020 ______________________________________
Wilma J. Wooten, M.D., M.P.H.
Public Health Officer
County of San Diego
EMERGENCY REGULATIONS
As Director of Emergency Services for the County of San Diego, I am authorized to promulgate
regulations for the protection of life and property pursuant to Government Code Section 8634 and
San Diego County Code section 31.103. The following shall be in effect for the duration of the
Health Officer Order issued above which is incorporated in its entirety by reference:
The Health Officer Order shall be promulgated as a regulation for the protection of life and
property.
Any person who violates or who refuses or willfully neglects to obey this regulation is subject to
fine, imprisonment, or both. (Government Code section 8665.)
Date: November 20, 2020 ______________________________________
Helen Robbins-Meyer
Chief Administrative Officer
Director of Emergency Services
County of San Diego
THIS ORDER AND EMERGENCY REGULATIONS DO NOT SUPERSEDE MORE
RESTRICTIVE STATE ORDERS OR GUIDANCE. ALL PERSONS MUST
REFERENCE BOTH THIS DOCUMENT AND APPLICABLE STATE ORDERS AND
GUIDANCE. TO THE EXTENT THERE IS ANY INCONSISTENCY THE MORE
RESTRICTIVE MEASURE APPLIES.
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