REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
PREPARED BY: Catherine Jun, Deputy City Manager
Subject:
title
Request to adopt Resolution No. 2023-48 declaring the City of Huntington Beach a “No Mask and No Vaccine Mandate City’”
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Statement of Issue:
On September 5, 2023, City Council approved an H-Item authored by Mayor Pro Tem Van Der Mark to prepare a Resolution declaring the City to be a “no mask and no vaccine mandate City”. Resolution No. 2023-48 has been prepared in conjunction with the City Attorney’s Office and is attached for consideration.
Financial Impact:
There is no fiscal impact.
Recommended Action:
recommendation
Adopt Resolution No. 2023-48, “A Resolution of the City Council of the City of Huntington Beach, California, Declaring the City of Huntington Beach a “No Mask and No Vaccine Mandate City”
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Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
On September 5, 2023, City Council approved Mayor Pro Tem Van Der Mark’s H-Item request for a resolution that declares the City to be a “no mask and no vaccine mandate City”, as it relates to COVID-19 and its variants.
The City Attorney’s Office and the City Manager’s Office prepared Resolution No. 2023-48, which is attached for consideration. The Resolution bans mask or vaccine mandates within its jurisdiction, while recognizing exceptions exist for those who test positive for COVID-19. Furthermore, individuals would retain the right to mask and/or vaccinate, and businesses would retain the right to impose mask and proof of vaccine requirements.
The Resolution also indicates there is presently no competing authority by the State of California or the County of Orange that mandates masks or vaccines related to COVID-19. However, it remains uncertain if these agencies will issue such mandates in the future. If that occurs, the City will evaluate their impacts in the context of this Resolution at that time.
Please note that City of Huntington Beach employees who test positive or were directly exposed to an individual who tested positive for COVID-19 would continue to adhere to any related Cal/OSHA requirements, and Fire and Police personnel may also be required by their respective Chiefs to wear masks during emergency calls.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. September 5, 2023 H-Item by Mayor Pro Tem Van Der Mark
2. Resolution 2023-48