HomeMy WebLinkAboutReso 2021-046 DocuSign Envelope ID:5EC51 D08-5AAC-4EEA-AD95-A2136843FABC
RESOLUTION NO. 2021-046
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AND CONFIRMING AMENDED
EMERGENCY ORDER 004-2020 (EFFECTIVE MARCH 10,
2021) OF THE CHULA VISTA DIRECTOR OF EMERGENCY
SERVICES ALLOWING FURTHER TOLLING AND
EXTENSION OF DEADLINES FOR LAND USE AND
BUILDING PERMIT-RELATED ACTIONS
WHEREAS, a worldwide COVID-1 g 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-
lg 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-1 g virus; and
WHEREAS, on March 12, 2020, pursuant to California Health and Safety Code sections
1010401 12D175, 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
("CVT\4C") 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
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
DocuSign Envelope ID:5EC51 D08-5AAC-4EEA-AD95-A2136843FABC
Resolution No. 2021-046
Page No. 2
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 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 meetings via teleconferencing ("State Order 29-20"); and
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
-
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 remain high in both the State of
California (https:Hcovidl9.ca.gov/state-dashboard/) and in the City of Chula Vista
(hqp s://www.s an di e g o c oun ty.g ov/con ten t/dam/s do/hh s a/pro gram s/p h s/Epi dem i o l o g y/C O VID-
19%20DaiIy%20Update_City%20of%o20Residence.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
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
DocuSign Envelope ID:5EC51 D08-5AAC-4EEA-AD95-A2136843FABC
Resolution No. 2021-046
Page No. 3
WHEREAS, on May 7, 2020, the Emergency Director issued Emergency Order 002-0-
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 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-1 g pandemic ("State Order 65-20"); 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 g, 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; permuted 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
DocuSign Envelope ID:5EC51 D08-5AAC-4EEA-AD95-A2136843FABC
Resolution No. 2021-046
Page No. 4
WHEREAS, on November 19, 20201 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 permuted 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, on February 23, 2021, the Emergency Director issued Emergency order
007-2020 of the Chula Vista Director of Emergency Services (Effective February 24, 2021) to
cap delivery service and related fees charged to retail food establishments until indoor dining
resumes at 100% capacity; and
WHEREAS, on March 2, 2021, the City Council ratified and confirmed Emergency
Order 007-2020 of the Chula Vista Director of Emergency Services; and
WHEREAS, on March 10, 2021, the Emergency Director amended Emergency order
004-2020 of the Chula Vista Director of Emergency Services (Effective March 10, 2021),
attached hereto as Attachment A, to allow further tolling and extension of deadlines for land use
and building permit-related deadlines until December 31, 2021; 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. Amended Emergency order 004-2020 of the Chula Vista Director of Emergency
Services (Effective March 10, 2021), attached hereto as Attachment A, is hereby
ratified and confirmed.
DocuSign Envelope ID:5EC51 D08-5AAC-4EEA-AD95-A2136843FABC
Resolution No. 2021-046
Page No. 5
Presented by Approved as to form by
DocuSigned by: DocuSigned by:
F4BB5CABC5014C0... CF40650850444BF...
Mama 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 16th day of March 2021 by the following vote:
AYES: Councimembers: Cardenas, Gavez, McCann, Padilla, and Casias Saas
NAYS: Councimembers: None
ABSENT: Councimembers: None
DocuSigned by:
062BFD7C0386456...
Mary Casias Saas, Mayor
ATTEST:
DocuSigned by:
m
3074D104EAF342E...
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. 2021-046 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 16th day of March 2021.
Executed this 16th day of March 202 1.
DocuSigned by:
m
3074D104EAF342E...
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID:5EC51 D08-5AAC-4EEA-AD95-A2136843FABC
EMERGENCY ORDER
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
[Order No. 004-2020] Amended
Effective Date: March
Pursuant to CVMC section 2.14.080 [Director—Powers and Duties] and Chula Vista City
Council Resolution No. 2020-065, the Chula Vista Director of Emergency Services ("Emergency
Director")
ORDERS AS FOLLOWS:
Effective 12:01 a.m. on Wednesday, March. 10, 1:
1. All deadlines for land use and building permit-related actions established by any
provision of laws, ordinances, regulations, resolutions, rules and statutes, including
provisions contained in the Housing Accountability Act, Permit Streamlining Act,
California Environmental Quality Act, the Subdivision Map Act, and Chapters 13, 15, 17,
18, and 19 of the Chula Vista Municipal Code (the "land use and building e t-relate
actions" , are hereby tolled and extended starting May 22, 2020 for 180 days. Deadlines
for land use and building perm.it-related actions may be tolled and extended for additional
180-day periods through. duly 4, 2021, thereby ending any tolling or extensions on or
about December 3 1, 202 1. Thereafter, no deadlines for land use and building perm.it-
related actions shall be tolled and extended pursuant to this Order.er. Any fee associate
with. an application to toll or extend a land use or building perm.it-related action pursuant
to this Order er shall be waived.
2. For purposes of this order, "deadlines for land use and building permit-related actions"
shall include:
a. Deadlines to review, determine the completeness of, or take action on applications for
land use entitlements, permits, and approvals issued under Chapter 19 of the Chula
Vista Municipal Code.
b. Deadlines to open or conclude public hearing on, or to authorize an automatic
approval, denial, or disapproval of, applications for land use entitlements, permits, or
approvals issued under Chapter 19 of the Chula Vista Municipal Code.
c. Deadlines to exercise and continuously pursue the rights granted under land use
entitlements, permits and approvals issued under Chapter 19 of the Chula Vista
Municipal Code.
d. Deadlines for review and approval of applications for a building permit, plan review
and related approvals issued under Chapter 15 of the Chula Vista Municipal Code.
Page l of 3
DocuSign Envelope ID:5EC51 D08-5AAC-4EEA-AD95-A2136843FABC
e. Deadlines for expiration of issued building permits, plan reviews and related
approvals issued under Chapter 15 of the Chula Vista Municipal Code.
3. In the event of conflict, all deadlines for land use and permit-related actions shall be
tolled and suspended consistent with State lave and any directives issued by the Governor.
4. Tolling provisions do not apply to deadlines for complying with code enforcement orders
for life safety corrections issued by the Building Official or Fire Marshall.
5. Nothing in this order prohibits applicable City Departments from continuing to process
applications in a reasonable and timely manner.
6. This order may be expanded, interpreted, or amended pursuant to the independent
judgment of the Chula Vista Director of Emergency Services and in accordance with Chula
Vista Municipal Code section 2.24.080(F)(1).
GENERAL PROVISIONS
7. This order is issued as a result of a worldwide CGVID-19 pandemic declared by the
World Health Organization on January 30, 2020 and a Public Health Emergency due to
the CGVID-19 virus declared by the United States Secretary of Health and Human
Services on January 31, 2020.
8. As of the date of this order, the CGVID-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 CGVID-1 g, and will thereby slow the spread of CGVID-1 g in the City of
Chula Vista. By reducing the spread of CO VID-1 g, this Order will save lives and
increase public safety to persons and property, and reduce both physical and economic
harm.
g. 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 February 6, 2021); 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
Page 2of3
DocuSign Envelope ID:5EC51 D08-5AAC-4EEA-AD95-A2136843FABC
California on March 19, 2020; COVID-19 guidance issued by the California Department
of Public Health on including, but not limited but not limited to county-specific guidance,
industry guidance, and the Face Coverings Guidance; the State of California's "Blueprint
for a Safer Economy"; and Proclamation 9954 regarding COVID-19 issued by the
President of the United States on March 11, 2020.
10. 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.
11. 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 2.24.080(F)(1), subject to
confirmation of the City Council at the earliest practical time.
So ORDERED,
BY:
DocuSigned by:
AUVix
P*R`
Maria V. Kachadoori an,
City Manager/Director of Emergency Services
Approved as to Form:
BY:
DocuSigned by:
Glen Googins, City Attorney,
City of Chula Vista
Page 3 of 3