NVF:DEY:CLS
3/3/2022
T-38810 \1901765 1
Council Agenda: 4-5-2022
Item No.: 3.3
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ORDINANCE NO.
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
OF SAN JOSE REPEALING CHAPTER 9.61 OF TITLE 9 TO
THE SAN JOSE MUNICIPAL CODE REQUIRING THE
WEARING OF FACE COVERINGS FOR THE DURATION
OF THE CURRENT COVID-19 HEALTH EMERGENCY
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, on March 10, 2020, the Council of the City of San José (“City”) 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; and
WHEREAS, Government Code Section 8630(c) requires that the City Council review the need for continuing the local emergency at least once every sixty (60) days until the governing body terminates the local emergency, however the Gubernatorial Declaration of Emergency waives the 60-day renewal requirement and on October 19, 2021 the City Council adopted Resolution No. 80262 extending the local emergency until such time as conditions warrant termination; and
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3/3/2022
T-38810 \1901765 2
Council Agenda: 4-5-2022
Item No.: 3.3
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, on April 17, 2020, the County of Santa Clara (“County”) issued guidance strongly recommending, but not mandating, that members of the public wear face coverings in certain situations; and
WHEREAS, on June 16, 2020, City Council adopted 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 City of 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; and
WHEREAS, on August 2, 2021, the County Health Officer issued the order 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; and
WHEREAS, 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 specified which segments of the population should continue to wear masks indoors in certain situations; and
WHEREAS, on March 1, 2022, the State of California Department of Public Health (“CDPH”) issued relaxed masking guidelines that strongly recommend, but do not mandate, that all persons, regardless of vaccine status, continue indoor masking, and continue universal masking mandates in specified high-risk settings, and after March 11, 2022, terminate the universal masking requirement for K-12 and childcare settings, although the CDPH strongly recommends that individuals in these settings continue to mask in indoor settings when the universal masking requirement lifts; and
NVF:DEY:CLS
3/3/2022
T-38810 \1901765 3
Council Agenda: 4-5-2022
Item No.: 3.3
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, on March 2, 2022, the County transitioned the County-wide indoor masking requirement to a masking recommendation aligned with the CDPH and continues to monitor the overall COVID-19 public health landscape including case rates, deaths, and other metrics which may trigger new County masking orders if and when appropriate; and
WHEREAS, 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 duplicative and inconsistent with evolving County, State, and Federal ordinances, health orders, and mandates, and has created public confusion in the past and has the potential for creating public confusion regarding public compliance with COVID-19 ordinances, health orders, and mandates in the future; and
WHEREAS, pursuant to section 605 of the City Charter, this urgency ordinance must be "adopted as and declared by the Council to be an urgency measure necessary for the immediate preservation of the public peace, health or safety, containing a statement of the facts constituting such urgency"; and
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP17-008 (General Procedure and Policy Making resulting in no changes to the physical environment); and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
NVF:DEY:CLS
3/3/2022
T-38810 \1901765 4
Council Agenda: 4-5-2022
Item No.: 3.3
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
WHEREAS, this Council has reviewed and considered the "not a project" determination under CEQA prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Chapter 9.61 of Title 9 of the San José Municipal Code adopted by the City Council on June 16, 2020 pursuant to Ordinance No. 30428, is hereby repealed, effective immediately upon its adoption pursuant to Section 605 of the Charter of the City of San José.
SECTION 2. The City Council of the City of San José hereby finds that there is a current and immediate threat to the public health, safety and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency measure.
SECTION 3. This Ordinance is declared by the City Council to be an urgency measure necessary for the immediate preservation of the public peace, health or safety. ///
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NVF:DEY:CLS
3/3/2022
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Council Agenda: 4-5-2022
Item No.: 3.3
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk