HomeMy WebLinkAbout2021-24 - Repealing Face Masks OrdersRESOLUTION NO. 2021-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 2020-17 AND
RESOLUTION NO. 2020-19 AND REPEALING REGULATION NO. 3 AND
REGULATION NO. 4 ISSUED BY THE CITY MANAGER AS DIRECTOR OF
EMERGENCY SERVICES REQUIRING WEARING OF FACE COVERINGS
PURSUANT TO PROCLAMATION NO. 20-01 DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND
DECLARES AS FOLLOWS:
WHEREAS, Costa Mesa Municipal Code Section 6-6 empowers the City Manager,
as the Director of Emergency Services, to declare the existence or threatened existence
of a local emergency when the City is affected or likely to be affected by a public calamity;
and
WHEREAS, Government Code Section 8550, et seq., including Section 8558(c),
authorize the City Council to proclaim a local emergency when the City is threatened by
conditions of disaster or extreme peril to the safety of persons and property within the City
that are likely to be beyond the control of the services, personnel, equipment, and facilities
of the City; and
WHEREAS, a novel coronavirus, COVID-19, causes infectious disease and was
first detected in Wuhan City, Hubei Province, China in December 2019. Symptoms of
COVID-19 include fever, cough, and shortness of breath; outcomes have ranged from
mild to severe illness, and, in some cases, death. The Center for Disease Control and
Prevention (CDC) has indicated the virus is a tremendous public health threat; and
WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared
the outbreak a "public health emergency of international concern" and on March 11, 2020,
the WHO has elevated the public health emergency to the status of a pandemic. On
January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II
declared a public health emergency for the United States to aid the nation's healthcare
community in responding to COVID-19. On February 26, 2020 the County of Orange
declared a local emergency and a local health emergency. On March 4, 2020, California
Governor Gavin Newsom declared a State of Emergency in California; and
Resolution No. 2021-24 Page 1 of 4
WHEREAS, the Governor on March 12, 2020 issued Executive Order N-25-20,
ordering, inter alia, that all residents are to heed the orders and guidance of state and
local public health officials; and
WHEREAS, on March 12, pursuant to Proclamation No. 2020-01, the City
Manager did proclaim the existence of a local emergency pursuant to Title 6 of the Costa
Mesa Municipal Code; and
WHEREAS, on March 13, 2020 the City Council pursuant to Resolution No. 2020-
09 did ratify Emergency Proclamation No. 2020-01; and
WHEREAS, on March 13, 2020, the President of the United States of America
declared a national emergency; and
WHEREAS, on March 19, 2020, the Governor issued Executive Order N-33-20,
including the Order of the State Public Health Officer mandating all individuals living in
the State of California to stay home or at their place of residence except as needed to
maintain continuity of operations of the federal critical infrastructure sectors, as outlined
at hftps://www.cisa.gov/identifying-critical-infrastructure-during-covid-19; and
WHEREAS, on April 13, 2020, the Costa Mesa City Manager, in her capacity as
Director of Emergency Services issued Regulation No. 3 expressly mandating the use of
face masks or coverings by residents and those who visit within the jurisdiction of the
City, and to make the same enforceable within the boundaries of the City's jurisdiction;
and
WHEREAS, on April 21, 2020, the City Council approved Resolution No. 2020-17,
ratifying Regulation No. 3 requiring the wearing of face masks; and
WHEREAS, on April 28, 2020, the Costa Mesa City Manager, in her capacity as
Director of Emergency Services issued Regulation No. 4 to allow passive use of certain
parks and golf courses and to modify Regulation No. 3 requiring the wearing of face
masks; and
WHEREAS, on May 5, 2020, the City Council approved Resolution No. 2020-19,
ratifying Regulation No. 4 to allow passive use of certain parks and modifying Regulation
No. 3 requiring the wearing of face masks; and
WHEREAS, on June 18, 2020, the California Department of Public Health issued
guidance, made mandatory by order of the Governor, requiring wearing of masks during
Resolution No. 2021-24 Page 2 of 4
enumerated high -risk circumstances outside of the home throughout the State of
California to stem the spread of COVID-19;
WHEREAS, guidance from the California Department of Public Health and the
Orange County Public Health Official regarding outdoor activities and the wearing of
masks has changed due to many adults now being vaccinated for COVID-19;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
HEREBY RESOLVES as follows: Resolution No. 2020-17, Resolution No. 2020-19,
Regulation No. 3, and Regulation No. 4 are hereby repealed. The wearing of masks in
the City of Costa shall conform to the guidance from the California Department of Public
Health or the Orange County Public Health Official, whichever is more stringent.
PASSED, APPROVED AND ADOPTED this 1st day of June, 2021.
J n Stephens, Mayor
ATTEST:
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Brenda Green, City Clerk
APPROVED AS TO FORM:
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Kimberly Hall Barlow, City Attorney
Resolution No. 2021-24 Page 3 of 4
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2021-24 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 1st day of June, 2021, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER,
REYNOLDS, MARK, AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal
of the City of Costa Mesa this 2"d day of June, 2021.
Z
BRENDA GREE , CITY CLERK
Resolution No. 2021-24 Page 4 of 4