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HomeMy WebLinkAbout19 - NB-2 - Adoption of Resolution Repealing and Rep - 6/1/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 1, 2021 ITEM NUMBER: NB-2 SUBJECT: ADOPTION OF 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 DATE: MAY 26, 2021 FROM: CITY MANAGER’S OFFICE PRESENTATION BY: LORI ANN FARRELL HARRISON, CITY MANAGER FOR FURTHER INFORMATION CONTACT: LORI ANN FARRELL HARRISON, CITY MANAGER (714) 754-5328 RECOMMENDATION Staff recommends that the City Council: Adopt Resolution No. 2021-XX that would take effect immediately, to repeal and replace Resolution No. 2020-17, Resolution No. 2020-19, and to repeal Regulation No. 3 and Regulation No. 4 regarding the wearing of face coverings in the City of Costa Mesa (Attachment 1), and instead require compliance with California Department of Public Health guidance. BACKGROUND On March 4, 2020, the Governor declared a State of Emergency in the State of California due to the threat of Coronavirus Disease (“COVID-19”). On March 13, 2020, the Costa Mesa City Council ratified the Director of Emergency Services’ March 12, 2020 proclamation declaring the existence of a local emergency due to COVID-19. Furthermore, on March 19, 2020, the Governor established a statewide Executive Order closing all non-essential services and businesses and ordering the public to stay at home in order to prevent the spread of COVID- 19 throughout the state. 2 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, which was ratified by the City Council via Resolution No. 2020-17 on April 21, 2020. 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, which was ratified on May 5, 2020 by the City Council’s approval of Resolution No. 2020-19. On June 18, 2020, the California Department of Public Health issued guidance made mandatory by order of the Governor, requiring wearing of masks during enumerated high risk circumstances outside of the home throughout the State of California to stem the spread of COVID-19. Recently, guidance from the California Department of Public Health and the Orange County Public Health Official regarding the wearing of masks has changed due to a significant decrease in the number of cases, hospitalizations, and deaths related to COVID-19, and an increase in the number of adults now being fully vaccinated against SARS-CoV-2. ANALYSIS The City Council’s proactive actions regarding the wearing of face coverings in Costa Mesa were likely very instrumental in helping to lessen the City’s infection and fatality rate during the worst of the COVID-19 pandemic. It also helped to ensure that the City’s essential workers, such as critical Fire and Police personnel responsible for handling the pandemic were kept as safely as possible to provide emergency services to the public. As more individuals are vaccinated, and case counts are falling, and as the State of California prepares to fully re-open the economy, the need for Costa Mesa to have its own regulations regarding face coverings has eased. Staff believes that following the guidance of the California Department of Public Health will be sufficient to ensure continued public safety as circumstances change throughout the County and the State. Staff is recommending that the City Council repeal the prior City resolutions and emergency regulations and instead conform to the guidance from the California Department of Public Health regarding the wearing of face coverings. Currently, the City’s resolutions and emergency regulations require face coverings regardless of vaccination status, and does not distinguish between outdoor and indoor settings. Adoption of the recommended resolution would help to align the City’s resolutions with the most recent California Department of Public Health Guidance for the Use of Face Coverings, which include the following provisions for fully vaccinated and unvaccinated persons, in both outdoor and indoor settings: 1. For fully vaccinated persons, face coverings are not required outdoors except when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings. 3 2. For unvaccinated persons, face coverings are required outdoors any time physical distancing cannot be maintained, including when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings. 3. In indoor settings outside of one's home, including public transportation, face coverings continue to be required regardless of vaccination status, except as outlined in the CDPH Guidance for the Use of Face Coverings. Furthermore, the adoption of the recommended resolution would permit the City to swiftly comply with the State’s anticipated plan to fully reopen the economy beginning on June 15th, and implement more relaxed guidelines that would allow fully vaccinated individuals to go without a mask in most indoor settings. ALTERNATIVES CONSIDERED The City Council could forego adoption of the resolution. Such action would keep the current requirements in place until the end of the emergency or further City Council action. FISCAL REVIEW No fiscal impact. LEGAL REVIEW The City Attorney’s Office has prepared this agenda report and resolution and approves them as to form. CONCLUSION Staff recommends the City Council adopt Resolution No. 2021-XX. ________________________________ LORI ANN FARRELL HARRISON City Manager ________________________________ CAROL MOLINA Finance Director ______________________________ KIMBERLY HALL BARLOW City Attorney Attachment 1: Resolution No. 2021-XX Attachment 2: California Department of Public Health – Guidance for the Use of Face Coverings. 1 RESOLUTION NO. 2021-__ 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 Attachment 1 2 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 https://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 3 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 ______ day of _______, 2021. _______________________________ John Stephens, Mayor ATTEST: APPROVED AS TO FORM: _________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney 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-__ and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the ____ day of ______, 2021, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this ___ day of ____, 2021. _______________________________ BRENDA GREEN, CITY CLERK (SEAL) Attachment 2