HomeMy WebLinkAboutReso 2021-039
RESOLUTION NO. 2021-039
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AND CONFIRMING
EMERGENCY ORDER 007-2020 (EFFECTIVE FEBRUARY 24,
2021) OF THE CHULA VISTA DIRECTOR OF EMERGENCY
SERVICES CAPPING DELIVERY SERVICE AND RELATED
FEES CHARGED TO RETAIL FOOD ESTABLISHMENTS
UNTIL INDOOR DINING RESUMES AT 100% CAPACITY
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 Coth
cer and Emergency Regulations (t
osing 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 rissued a Proclamation declaring a Local
Emergency, as authorized by Government Code section 8630 and Chula Vista Municipal Code
ection 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
; 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
ontrol 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
Resolution No. 2021-039
Page No. 2
WHEREAS, on March 17, 2020, the City Council adopted Emergency Ordinance No.
3484-opted 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 meetin-
WHEREAS, from March 18, 2020 through February 6, 2021, 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 e Order 33-); and
WHEREAS, the number of COVID-19 virus cases remain high in both the State of
California (https://covid19.ca.gov/state-dashboard/) 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
Resolution No. 2021-039
Page No. 3
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 Citys face covering
requirements to conform with San Diego Countys 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 e Order 65-
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
Citys 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, on August 4, 2020, the City Council ratified and confirmed Emergency
Order 006-2020 of the Chula Vista Director of Emergency Services; and
Resolution No. 2021-039
Page No. 4
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 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, on December 1, 2020, the City Council ratified and confirmed amended
Emergency Order 002-2020 and amended Emergency Order 006-2020 of the Chula Vista
Director of Emergency Services; and
WHEREAS, to reduce the spread of the COVID-19 virus and protect public health, state
and county orders prohibit some on-site dining in the City of Chula Vista, which restrictions
have placed a financial strain on many food service establishments and on many consumers who
now pay more to have meals delivered; and
WHEREAS, it is necessary to support food service establishments so they can continue to
provide essential access to food via delivery and pick-up options, including for those who are
unable to obtain food in other ways, and so that they can continue to remain sources of
employment and neighborhood vitality in the City while on-site dining remains limited; and
WHEREAS, on February 23, 2021, the Emergency Director issued Emergency Order
007-2020 of the Chula Vista Director of Emergency Services (Effective February 24, 2021),
attached hereto as Attachment A, to cap delivery service and related fees charged to retail food
establishments until indoor dining resumes at 100% capacity; and
WHEREAS, as of the date of this resolution, 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 007-2020 of the Chula Vista Director of Emergency Services
(Effective February 24, 2021), attached hereto as Attachment A, is hereby ratified and
confirmed.
Resolution No. 2021-039
Page No. 5
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 2nd day of March 2021 by the following vote:
AYES: Councilmembers: Cardenas, 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. 2021-039 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 2nd day of March 2021.
Executed this 2ndday of March 2021.
Kerry K. Bigelow, MMC, City Clerk