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HomeMy WebLinkAboutCITY MANAGER ORDER TO WEARING FACE MASKS-SPECIAL MEETING I Agenda Item SP1 AGENDA REPORT Reviewed: MINCity Manager Finance Director N/A MEETING DATE: April 20, 2020 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MATTHEW S. WEST, CITY MANAGER SUBJECT: CONFIRMATION OF ORDER OF THE CITY MANAGER OF THE CITY OF TUSTIN ACTING IN HIS CAPACITY AS DIRECTOR OF EMERGENCY SERVICES MANDATING THE WEARING OF FACE COVERINGS IN ESSENTIAL BUSINESSES. SUMMARY: On April 20, 2020, the City Manager, acting in his capacity as Director of Emergency Services, approved an Order requiring all Essential Businesses operating in the City to require their employees to wear face coverings whenever one or more co-workers or patrons are present. The Order also strongly encourages those businesses that provide services or sales of retail goods food, or banking services to require their patrons to wear face coverings, and strongly encourages grocery stores to establish dedicated shopping hours for those aged 60 and older and for other at-risk populations. This item requests that the City Council confirm the Director of Emergency Services' April 20, 2020 Order. RECOMMENDATION: That the City Council confirm the April 20, 2020 Order entitled "Order of the City Manager of the City of Tustin Acting in his Capacity as Director of Emergency Services Mandating the Wearing of Face Coverings in Essential Businesses." BACKGROUND AND DISCUSSION: The World Health Organization, the President of the United States, the Governor of the State of California, and the County of Orange have all declared states of emergency as a result of the COVID- 19 pandemic. On March 20, 2020, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency relating to Covid-19, in accordance with Government Code Section 8630 and Tustin Municipal Code Sections 5204 and 5205(a)(1). And on March 20, the City Council ratified the Proclamation as required by State law. As of April 20, 2020, a novel coronavirus (COVID-19) has spread globally, infecting more than 2,440,000 persons and killing over 167,000 individuals worldwide. As of April 20, 2020, thirty-three (33) Tustin residents, 1,676 Orange County residents, 31,700 Californians, and over 779,000 Americans have been confirmed as COVID-positive. Over 41,300 Americans have been killed by the virus as of the April 20, 2020. The number of confirmed infections and deaths continues to increase 1481375.1 CONFIRMATION OF ORDER REQUIRING WEARING OF FACE COVERINGS IN ESSENTIAL BUSINESSES April 20, 2020 Page 2 each day, with 1,983 deaths in just a 24-hour period between April 19th and April 20th, and no vaccine has been identified for the COVID-19 virus yet. On April 1, 2020, the California Department of Public Health issued Face Coverings Guidance ("State Guidance") describing a face covering as a material that covers the nose and mouth that can be secured to the head with ties or straps or simply wrapped around the lower face. Such coverings may be made of a variety of materials, such as cotton, silk, or linen and a face covering may be factory made or sewn by hand, or can be improvised from household items such as scarfs, T-shirts, sweatshirts or towels. On April 8, 2020, the Orange County Health Officer issued "strong recommendations" that: (a) all Essential Workers should wear a face covering while at work when interacting with the public or co-workers; (b) all Orange County residents should wear a face covering when outside the home engaged in allowed activities; and (c) due to the scarcity of critical medical supplies, N95 respirators and surgical masks should not be used except by workers in healthcare and first responder settings. The County Health Officer found that those strong recommendations are necessary to protect and preserve the public health from, and prevent, the increasing transmission of COVID-19 in California and the County. City staff have been monitoring compliance with the County Health Officer's strong recommendations by Essential Workers in businesses located in the City since April 8. Although many Tustin businesses are making concerted efforts to comply with the County Health Officer's strong recommendations, others are not. City staff has observed that some retailers with large numbers of customers do not require their Essential Workers to wear face coverings, and City staff have observed that some Essential Workers at such stores have elected not to wear face coverings, notwithstanding the County Health Officer's strong recommendations to do so to protect and preserve the public health from the increasing transmission of COVID-19. The Director of Emergency Services' April 20, 2020 Order is intended to reduce the likelihood of exposure to COVID-19, thereby slowing the spread of COVID-19 in Tustin and surrounding communities. Tustin City Code section 5205a.6.i. authorizes the Director of Emergency Services to issue emergency rules"on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council." (Tustin City Code § 5205a.6.i.). As a result, City staff recommends that the Council confirm the Director of Emergency Services' April 20, 2020 Order. ATTACHMENT: April 20, 2020 Order of the Director of Emergency Services 1481375.1 DocuSign Envelope ID:C4D3C170-AA0C-4095-9573-E2EF7F141 B40 ORDER OF THE CITY MANAGER OF THE CITY OF TUSTIN ACTING IN HIS CAPACITY AS DIRECTOR OF EMERGENCY SERVICES MANDATING THE WEARING OF FACE COVERINGS IN ESSENTIAL BUSINESSES. SECTION 1: Findings a. As of April 20, 2020, a novel coronavirus (COVID-19) has spread globally, infecting more than 2,440,000 persons and killing over 167,000 individuals worldwide. As of April 20, 2020, thirty-three (33)Tustin residents, 1,676 Orange County residents, 31,700 Californians, and over 779,000 Americans have been confirmed as COVID- positive. Over 41,300 Americans have been killed by the virus as of the April 20, 2020. The number of confirmed infections and deaths continues to increase each day, with 1,983 deaths in just a 24-hour period between April 19th and April 20tH and no vaccine has been identified for the COVID-19 virus yet; and b. The World Health Organization, the President of the United States, the Governor of the State of California, the County of Orange, and the City of Tustin have all declared states of emergency as a result of the COVID-19 pandemic; and c. Despite sustained efforts, the virus remains a threat, and further efforts to control the spread of the virus to reduce and minimize the risk of infection and otherwise mitigate the effects of COVID-19 are needed; and d. The California Department of Public Health issued Face Coverings Guidance ("State Guidance") on April 1, 2020; and e. The State Guidance provides that a face covering is a material that covers the nose and mouth; it can be secured to the head with ties or straps or simply wrapped around the lower face; it can be made of a variety of materials, such as cotton, silk, or linen and a face covering may be factory made or sewn by hand, or can be improvised from household items such as scarfs, T-shirts, sweatshirts or towels; and f. On April 8, 2020, the Orange County Health Officer issued "strong recommendations" that: (a) all Essential Workers should wear a face covering while at work when interacting with the public or co-workers; (b) all Orange County residents should wear a face covering when outside the home engaged in allowed activities; (c) due to the scarcity of critical medical supplies, N95 respirators and surgical masks should not be used except by workers in healthcare and first responder settings; g. The County Health Officer found that the April 8, 2020 strong recommendations are necessary to protect and preserve the public health from, and prevent, the increasing transmission of COVID-19 in California and the County; ORDER MANDATING THE WEARING OF FACE COVERINGS DocuSign Envelope ID:C4D3C170-AA0C-4095-9573-E2EF7F141 B40 h. City staff have been monitoring compliance with the County Health Officer's strong recommendations by Essential Workers in businesses located in the City since April 8; i. While some Tustin businesses are making concerted efforts to comply with the County Health Officer's strong recommendations, others are not. City staff has observed that some retailers with large numbers of customers do not require their Essential Workers to wear face coverings, and City staff have observed that some Essential Workers at such stores have elected not to wear face coverings, notwithstanding the County Health Officer's strong recommendations to do so to protect and preserve the public health from the increasing transmission of COVID- 19; j. Some businesses and Essential Workers are too readily disregarding the County Health Officer's strong recommendations and are failing to recognize them as important health measures being instituted in response to a worldwide pandemic and public health crisis; k. This Order is issued based on evidence of continuing transmission of COVID-19 both within the City of Tustin and worldwide, scientific evidence regarding the most effective approach to slow transmission of communicable diseases generally and COVID- 19 specifically, as well as best practices as currently known and available to protect the public from the risk of spread of or exposure to COVID-19; I. This Order is intended to reduce the likelihood of exposure to COVID-19, thereby slowing the spread of COVID-19 in Tustin and surrounding communities. This Order is issued to prevent circumstances often present in Essential Businesses that may exacerbate the spread of COVID-19, such as: (1)the increased likelihood that retail, restaurant, and banking transactions attract people from a broad geographic area; (2) the prolonged time period in which large numbers of people are in close proximity; and (3) difficulty ensuring that such persons (patrons and employees) follow adequate hygienic practices; and m. This Order is issued in accordance with, and incorporates by reference, the: March 47 2020 Proclamation of a State Emergency issued by Governor Gavin Newsom; the February 26, 2020 Declaration of Local Health Emergency based on an imminent and proximate threat to public health from the introduction of novel COVID-19 in Orange County; the March 20, 2020 proclamation of a local State of Emergency by the Director; the March 20, 2020 ratification of the proclamation of a local State of Emergency by the Tustin City Council; the guidance issued on March 11, 2020 by the CPDH regarding large gatherings of 250 people or more; the guidance issued on March 15, 2020 by the CDC, the CPDH, and other public health officials through the United States and around the world recommending the cancellation of gatherings involving more than fifty (50) or more persons in a single space at the same time; the March 18, 2020 order of the Orange County Health Officer prohibiting all "gatherings" as defined by the CPDH; Governor Newsom's ORDER MANDATING THE WEARING OF FACE COVERINGS DocuSign Envelope ID:C4D3C170-AA0C-4095-9573-E2EF7F141 B40 Executive Order N-33-20 of March 19, 2020 ordering all persons to stay at home to protect the health and well-being of all Californians and to establish consistency across the state in order to slow the spread of COVID-19; the April 1, 2020 guidance from the CPDH recommending the use of face coverings while in public; the April 2, 2020 guidance issued by the Orange County Health Officer recommending the use of a cloth face covering when leaving the house for essential activities; and the April 4, 2020 guidance issued by the CDC recommending wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies), especially in areas of significant community-based transmission of COVID-19; and the April 8, 2020, Orange County Health Officer"strong recommendations" that: (i) all Essential Workers should wear a face covering while at work when interacting with the public or co-workers; (ii) all Orange County residents should wear a face covering when outside the home engaged in allowed activities; and (iii) due to the scarcity of critical medical supplies, N95 respirators and surgical masks should not be used except by workers in healthcare and first responder settings. Emergency management and public; health officials at the federal, state, and county levels continue to issue guidance to slow the spread of COVID-19. THEREFORE, UNDER THE AUTHORITY OF CALIFORNIA CONSTITUTION ARTICLE XI; CALIFORNIA GOVERNMENT CODE SECTIONS 8610, 86307 86347 AND 8665, AND TUSTIN CITY CODE SECTION 5205(a)6.i., IT IS HEREBY ORDERED THAT: SECTION 2: Employees — Face Masks Required: All employers within the City of Tustin with employees performing duties for Essential Businesses ("Covered Businesses") shall cause their employees to wear face coverings such as those outlined in the State Guidance (generally made up of multiple layers of cloth covering the nose and mouth and secured with ties or ear loops) at all times when one or more co-workers or patrons are present. "Essential Businesses" include any business maintaining the continuity of operations of the federal critical infrastructure sectors as outlined in Governor Newsome's Stay-at- Home Order (Executive Order N-33-20) and the Orange County Health Officer's Order dated March 17, 2020 as amended or any written order or guidance issued by the City. SECTION 3: Patrons — Face Covering Measures: All Covered Businesses providing services or sales of retail goods and/or food and/or banking services — including without limitation, grocery stores, food banks, laundromats, dry cleaners, pharmacies, home improvement stores, gas station, convenience stores, restaurants providing take-out or delivery services, banks, savings and loans, and credit unions — requiring employees to come into close contact with the public are strongly encouraged to require their patrons to wear face coverings such as those outlined in the State Guidance (generally made up of multiple layers of cloth covering the nose and mouth and secured with ties or ear loops) at all times when in the business premises. ORDER MANDATING THE WEARING OF FACE COVERINGS DocuSign Envelope ID:C4D3C170-AA0C-4095-9573-E2EF7F141 B40 SECTION 4: Discouraging the Use of Medical Grade Personal Protective Equipment. All persons, including Essential Workers, but not including medical personnel, patients or other persons in medical facilities, or first responders, are discouraged from using medical grade personal protective equipment, such as N95 masks, for non-medical reasons in order to preserve the limited supply of such masks for medical personnel, medical facilities, and first responders. SECTION 5: Strongly Encourage Establishing Dedicated Shopping Hours for At-Risk Individuals. All Covered Businesses that sell groceries, including but not limited to big- box retail stores that sell groceries to the public, are strongly encouraged to establish and publicly announce dedicated shopping hours for senior citizens aged 60 and older and other at-risk populations, such as those with physical disabilities, pregnant women, or those with compromised immune systems, who have been advised to avoid leaving home as much as possible. SECTION 6: Enforcement. Violation of this Order is a crime and may also be enforced as an administrative citation, an infraction, or a misdemeanor, in the City's sole and absolute discretion, pursuant to the following code sections, and others that may apply: California Penal Code section 19; California Government Code sections 8665, 36900 and 36901; and Tustin City Code Section 5209. SECTION 7: Violation of this Order can ultimately lead to closure of a violating business. SECTION 8: Effective Date. This Order is effective immediately and shall remain in effect until revoked. SECTION 9: This Order may be superseded by a duly enacted Ordinance of the City Council or a further Order by the Director of Emergency Services adopted during the local emergency expressly superseding this Order. SECTION 10: If any section, subsection, sentence, clause, phrase or word of this Order is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Order. APPROVED AND ADOPTED THIS 20th day of April, 2020. mom, S: War Matthew S. West City Manager, acting in the capacity as Director of Emergency Services for the City of Tustin ORDER MANDATING THE WEARING OF FACE COVERINGS