COUNCIL AGENDA: 4/5/2022
FILE: 22-441
ITEM: 3.3
TO: HONORABLE MAYOR FROM: Dolan Beckel
AND CITY COUNCIL
SUBJECT: REPEAL OF CITY PUBLIC DATE: March 25, 2022
MASKING ORDINANCE
Approved Date
03/25/22
RECOMMENDATION
Adopt an urgency ordinance repealing Chapter 9.61 of Title 9 of the San José Municipal Code requiring the wearing of face coverings for the duration of the current COVID-19 Health Emergency.
APPROVAL OF THIS URGENCY ORDINANCE REQUIRES 8 OR MORE
AFFIRMATIVE VOTES. City Charter Section 605(d).
OUTCOME
Adoption of this ordinance will ensure the City is aligned with the current County, State, and Federal guidance on the use of face coverings (masking) and will eliminate inconsistencies across public masking ordinances, mandates, health orders, and recommendations. This will minimize confusion regarding masking compliance for San José residents, guests, and businesses.
BACKGROUND
On January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19 (also known as the “Coronavirus Disease”), and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020.
On March 4, 2020, the Governor of California proclaimed a State of Emergency (Executive Order N-25-20) to exist in California based on the threats to public health caused by COVID-19.
HONORABLE MAYOR AND CITY COUNCIL
March 25, 2022
Subject: Repeal of City’s Public Masking Ordinance
On March 10, 2020, the City Council ratified the Director of Emergency Services’ Proclamation of Local Emergency finding that the existence and threat of COVID-19 in the community gives rise to conditions of extreme peril to the safety and health of persons within the City.
On April 17, 2020, the County issued guidance strongly recommending that members of the public wear face coverings in certain situations. However, this was a strong recommendation and not a mandate.
On June 16, 2020, City Council approved Ordinance No. 30428 adding Chapter 9.61 of Title 9 of the San José Municipal Code requiring the wearing of face coverings for the duration of the current COVID-19 Health Emergency for all individuals within the San José in order to help reduce the spread of the COVID-19 virus and mitigate the impact of the virus on members of the public and on the delivery of critical services to those in need.
On August 2, 2021, the Health Officer of the County issued the ordered to mandate the use of face coverings indoors by all persons in response to the number of new cases, hospitalizations, and deaths caused by the then nascent COVID-19 Delta variant.
On February 2, 2022, the Center for Disease Control issued relaxed masking guidelines which state that (70% of the national population) do not need to wear masks indoors and specify which segments of the population should continue to wear masks indoors in certain situations.
On March 1, 2022, the State of California Department of Public Health (CDPH) issued relaxed masking guidelines which states a strong recommendation (but not a mandate) that all persons, regardless of vaccine status, continue indoor masking, continues universal masking mandates in specified high-risk settings, and after March 11, 2022, terminates the universal masking requirement for K-12 and childcare settings. CDPH strongly recommends that individuals in these settings continue to mask in indoor settings when the universal masking requirement lifts.
On March 2, 2022, the County transitioned the Countywide indoor masking requirement to a “strongly recommended” masking recommendation aligned with the CDPH through the rescission of the August 2, 2021 Health Order requiring use of face coverings indoors by all persons. As such the County strongly recommends that all individuals (with few exceptions) in the County continue to wear masks indoors to safeguard the health of themselves and those around them.
Accompanying the recommendation from the County that indoor masking is strongly recommended, the County is also allowing the flexibility for businesses, organizations, and jurisdictions to implement more strict masking policies including the requirement to continue to wear masks indoors.
The County continues to monitor the overall COVID-19 public health landscape including case rates, deaths, and other metrics. Any change in the landscape may trigger new County masking orders if and when appropriate.
HONORABLE MAYOR AND CITY COUNCIL
March 25, 2022
Subject: Repeal of City’s Public Masking Ordinance
ANALYSIS
Based on the current COVID-19 landscape, aggressive County stance on metrics driven masking policy, and planned ongoing monitoring of the COVID-19 cases, deaths, and other metrics, the City masking ordinance is now inconsistent with evolving County, State, and Federal ordinances, mandates, health orders, and recommendations. This situation has created public confusion in the past and creates the potential for public confusion now and in the future regarding masking compliance for San José residents, guests, and businesses.
The seven day rolling average of cases in the County (case rate) remains relatively high. The March 24, 2022 case rate in County is 140 or approximately seven times higher than the average case rate for the two months prior to the rise of the Delta variant. As such, the Administration has elected to align with the County’s “masking strongly recommended indoors” recommendation and strongly recommends employees and guests in City facilities to continue wearing masks indoors as have many other business and organizations within the City. The election to align with the County recommendation could change for any organization, business, or jurisdiction at any time.
CONCLUSION
Staff recommends adopting an urgency ordinance repealing Chapter 9.61 of Title 9 of the San José Municipal Code requiring the wearing of face coverings for the duration of the current COVID-19 Health Emergency.
EVALUATION AND FOLLOW-UP
Staff will continue to coordinate with the County and State and Federal agencies to monitor the COVID-19 health emergency and its transition from pandemic to endemic. This monitoring and evaluation will include evaluating the need for continued indoor masking by employees and guests in City facilities.
Staff will bring recommendations to City Council if any additional COVID-19 ordinances may be required to safeguard the health of individuals in the San José and will communicate any changes in the indoor masking City policy for employees and guests in City facilities, as appropriate
PUBLIC OUTREACH
This memorandum will be posted on the Committee Agenda website for the April 5, 2022 City Council meeting.
HONORABLE MAYOR AND CITY COUNCIL
March 25, 2022
Subject: Repeal of City’s Public Masking Ordinance
COORDINATION
This memorandum has been coordinated with the City Manager’s Office of Emergency Management and Preparedness and the City Attorney’s Office.
COMMISSION RECOMMENDATION/INPUT
This report has not been reviewed by a City Commission.
FISCAL/POLICY ALIGNMENT
This action aligns with the City’s overall policy of safeguarding the public health for residents of the San José during the COVID-19 pandemic.
CEQA
Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action.
/s/
DOLAN BECKEL
Director, Civic Innovation
For questions, please contact Dolan Beckel, Director, Civic Innovation @ [email protected]