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File #: 23-756    Version: 1
Type: Administrative Items Status: Passed
File created: 9/11/2023 In control: City Council/Public Financing Authority
On agenda: 10/3/2023 Final action: 10/3/2023
Title: Request to adopt Resolution No. 2023-48 declaring the City of Huntington Beach a "No Mask and No Vaccine Mandate City'"
Attachments: 1. Att #1 - 2023-09-05 - Van Der Mark - Masks, 2. Att #2 - Reso 2023-48 - Masks Vaccines, 3. 10/3 Sup Com
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'"
body

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"
end

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...

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