HomeMy WebLinkAboutReso 2021-103RESOLUTION NO. 2021-103
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING AND CONFIRMING
EMERGENCY ORDER 002-D-2020 (EFFECTIVE MAY 21,
2021) OF THE CHULA VISTA DIRECTOR OF EMERGENCY
SERVICES SPECIFING HOW CITY COUNCIL, BOARD,
COMMISSION, AND COMMITTEE MEETINGS MAY BE
CONDUCTED, EXPANDING OPEN HOURS AND USES AT
CITY PARKS AND TRAILS, AND UPDATING FACE
COVERING AND GATHERING REGULATIONS TO
CONFORM WITH STATE STANDARDS
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. 2021-103
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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, 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, 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, from March 18, 2020 through May 6, 2021, the County Health Officer
issued a series of amendments and addendums to the County Order; 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
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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 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 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 some 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
002-D-2020 of the Chula Vista Director of Emergency Services; and
WHEREAS, despite an increase in vaccines administered, the COVID-19 virus does
continue to spread in both the State of California (https://covid19.ca.gov/state-dashboard/) and in
the City of Chula Vista
(https://www.sandiegocounty.gov/content/sdc/hhsa/programs/phs/community_epidemiology/dc/
2019-nCoV/status.html); and
WHEREAS, state and county guidelines continue to change in light of the shifting
COVID-19 case and vaccination rates; and
WHEREAS, on May 20, 2021, the Emergency Director amended Emergency Order 002-
D-2020 of the Chula Vista Director of Emergency Services (Effective May 21, 2021), attached
hereto as Attachment A, which specifies how City Council, Board, Commission, and Committee
meetings may be conducted, expands open hours and uses at City parks and trails, and updates
face covering and gathering regulations to conform with state standards; 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-D-2020 of the Chula Vista Director of Emergency Services
(Effective May 21, 2021), attached hereto as Attachment A, is hereby ratified and
confirmed.
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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 1st day of June 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. 2021-103 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 1st day of June 2021.
Executed this 1st day of June 2021.
Kerry K. Bigelow, MMC, City Clerk
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EMERGENCY ORDER
OF THE CHULA VISTA DIRECTOR OF EMERGENCY SERVICES
[Order No. 002-D-2020] Amended May 20, 2021
Effective Date: May 21, 2021
Pursuant to CVMC section 2.14.080 [Director – Powers and Duties], Chula Vista City
Council Resolution No. 2020-065, and Emergency Order 002-2020 of the Chula Vista Director
of Emergency Services, the Chula Vista Director of Emergency Services (“Emergency
Director”)
ORDERS AS FOLLOWS:
Effective 12:00 a.m. on Friday, May 21, 2021, and continuing in effect until further
notice from, or contravening action by, the Emergency Director or the City Council:
1. City Council Meetings. City Council Meetings may be conducted via teleconference until
further notice. Members of the City Council and staff may participate in City Council
meetings via teleconference. The public may view the meeting on television and/or
online, and may submit comments online at: www.chulavistaca.gov/councilmeetings.
Further information regarding public participation is described at:
www.chulavistaca.gov/councilmeetings.
2. City Board, Commission, and Committee Meetings. All City Board, Commission, and
Committee meetings will be conducted via teleconference and members of the City
Boards, Commissions, and Committees, and staff may participate in such meetings via
teleconference, until further notice, unless a physical, in-person meeting is necessitated
by business urgencies, as determined by the City Manager, after consultation with the
City Attorney and the City Clerk (“Emergency Order No. 002-2020”).
3. Parks and Trails. All City parks and trails are open daily, from 7:00 a.m. to 10:00 p.m.,
on the following terms:
a. Passive uses of the park are allowed. Passive uses include walking, jogging, hiking,
bike riding (on paths and trails only), standing/sitting on the grass, and use of dog
“off-leash” areas.
b. Ball fields, sports fields, courts, and skate parks are open for limited play as described
in the California Department of Public Health’s Guidance for Outdoor Playgrounds
and other Outdoor Recreational Facilities, as may be amended from time to time. The
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most recent Updated Guidance can be found at:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-
19/Outdoor%20Playgrounds%20and%20other%20Outdoor%20Recreational%20Facil
ities.aspx
c. Use of City sports fields not in compliance with the California Department of Public
Health’s Guidance for Outdoor and Indoor Youth and Recreational Adult Sports, as
may be amended from time to time, is prohibited. The most recent Updated Guidance
for Youth and Adult Sports can be found at:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/outdoor-indoor-
recreational-sports.aspx
d. Gatherings not in compliance with the California Department of Public Health’s
Guidance for the Prevention of Covid-19 Transmission for Gatherings, as may be
amended from time to time, are prohibited. The most recent Updated Guidance for
Gatherings can be found at:
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Guidance-for-the-
Prevention-of-COVID-19-Transmission-for-Gatherings-November-2020.aspx
f. At all times, strive to maintain six feet of physical distancing from non-household
members.
g. Do not enter parks or trails if you are sick or have symptoms of COVID-19, including
but not limited to fever, cough, sore throat, shortness of breath, muscle aches, or
recent loss of smell or taste.
4. Face Coverings.
a. Compliance with California Department of Public Health Guidance. All persons
present in the City shall wear a face covering as required by the California
Department of Public Health’s Guidance, as that Guidance may be from time to time
updated and amended. The current California Department of Public Health Guidance
for the Use of Face Coverings may be found at www.cdph.ca.gov.
b. Responsibility for Compliance. All individuals governed by the above-described face
covering requirements shall be personally responsible for their own compliance. In
addition, business owners and managers shall be responsible for assuring compliance
with the above-described face covering requirements for workers, volunteers, and
members of the public within their respective business facilities and service areas;
such responsibility shall include, as necessary, refusing admission or service to any
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member of the public who fails to wear a face covering when entering the business
facility or service area.
GENERAL PROVISIONS
5. 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.
6. 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 reduce both physical and economic
harm.
7. This Order is issued in accordance with, and incorporates by reference: the Proclamation
of Local Emergency issued by the Chula Vista Director of Emergency Services on March
13, 2020; Chula Vista City Council Resolution No. 2020-065; Chula Vista City Council
Emergency Ordinance No. 3484-A; Emergency Order 002-2020 of the Chula Vista
Emergency Services Director; the Declaration of Local Health Emergency issued by the
County of San Diego Health Officer on February 14, 2020; the County of San Diego
Order of the Health Officer and Emergency Regulations (Effective May 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-25-20 issued by the Governor of the State of
California on March 12, 2020; Executive Orders issued by the Governor of the State of
California in response to COVID-19; California Department of Public Health Guidance
documents on activities related to COVID-19; and Proclamation 9984 regarding COVID-
19 issued by the President of the United States on March 11, 2020.
8. 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.
9. 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
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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.
10. Violations of the regulations contained in paragraphs 3 and 4 above 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 and 2.14.140 and Health and Safety Code
section 120295.
SO ORDERED,
BY:
Maria V. Kachadoorian,
City Manager/Director of Emergency Services
Approved as to Form:
BY:
_______________________________
Glen Googins, City Attorney,
City of Chula Vista
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