HomeMy WebLinkAboutExecutive Order No. 17-2021CITY OF SANTA ANA EXECUTIVE ORDER NO. 17-2021
EXECUTIVE ORDER NO. 17 OF THE DIRECTOR OF EMERGENCY
SERVICES FOR THE CITY OF SANTA ANA RESCINDING EXECUTIVE
ORDER NO. 14 REQUIRING THE USE OF FACE COVERINGS IN
PUBLIC EFFECTIVE DUNE 15, 2021
SECTION 1. Findings.
A. International, national, state, and local health and governmental authorities have
been responding to an outbreak of respiratory disease caused by a novel
coronavirus named "SARS-CoV-2," and the disease it causes has been named
"coronavirus disease 2019," abbreviated COVID-19, ("COVID-19").
B. On March 4, 2020, the Governor of the State of California declared a state of
emergency to make additional resources available, formalize emergency actions
already underway across multiple state agencies and departments, and help the
state prepare for broader spread ofCOVID-19.
C. On March 13, 2020, the President of the United States of America declared a
national emergency and announced that the federal government would make
emergency funding available to assist state and local governments in preventing
the spread of and addressing the effects of COVID-19.
D. The Orange County Board of Supervisors and Department of Public Health also
declared a local emergency and local public health emergency to aid the regional
healthcare and governmental community in responding to COVID-19.
E. On March 17, 2020, the City Council proclaimed the existence of a local
emergency to ensure the availability of mutual aid and support an effective City
response to COVID-19.
F. According to the Center for Disease Control and Prevention ("CDC"), masks or
face coverings are recommended as a simple barrier to help prevent respiratory
droplets from traveling into the air and onto other people when the person wearing
the mask coughs, sneezes, talks or raises their voice. COVID-19 is spread through
respirator droplets mainly among people who are in close contact (within 6 feet).
G. The CDC advises that emerging evidence from clinical and laboratory studies
show that masks reduce the spray of droplets when worn over the nose and mouth.
The use of masks is particularly important in settings where people are close to
each other (within 6 feet) or where social distancing is difficult to maintain.
H. On June 18, 2020, the California Department of Public Health ("CDPH") issued
"Guidance for the Use of Face Coverings" mandating the use of face coverings
when individuals are in certain high risk situations.
I. On September 8, 2020, the County of Orange Health Officer revised previous
Orders and Strong Recommendations issued on July 1, 2020 and mandated, among
other things that, all county residents and visitors shall wear face coverings in
certain high risk situations as required by the "Guidance for the Use of Face
Coverings" issued by the CDPH on June 18, 2020.
On November 16, 2020, the CDPH issued updated guidance regarding the use of
face coverings that superseded its guidance issued on June 18, 2020. The CDPH
guidance required the use of a face coverings state-wide at all times when outside
of the home unless one of the following exemptions applies:
• Persons in a car alone or solely with members of their own household.
• Persons who are working in an office or in a room alone.
• Persons who are actively eating or drinking provided that they are able
to maintain a distance of at least six feet away from persons who are not
members of the same household or residence.
• Persons who are outdoors and maintaining at least 6 feet of social
distancing from others not in their household. Such persons must have
a face covering with them at all times and must put it on if they are
within 6 feet of others who are not in their household.
• Persons who are obtaining a service involving the nose or face for which
temporary removal of the face covering is necessary to perform the
service.
• Workers who are required to wear respiratory protection.
• Persons who are specifically exempted from wearing face coverings by
other CDPH guidance.
K. As of the issuance of Executive Order No. 14, Orange County was in the Purple
Widespread Tier according to the Governor's Blue Print for a Safer Economy. At
that time on December 2, 2020, Orange County had a total of 80,551 positive cases
and 1,578 deaths due to COVID-19. The City of Santa Ana had the most positive
COVID-19 cases in the County with a total of 15,609 and 331 deaths.
L. On December 1, 2020, the Santa Ana City Council unanimously directed the City
Manager to issue an Executive Order requiring the use of face coverings within
the City of Santa Ana.
M. On December 3, 2020 a father Statewide Regional Stay at Home Order was
announced and a supplemental Order on December 6, 2020 ("Regional Stay at
Home Order"). This Order was designed to become effective at 11:59 p.m. the
day after a region was determined to have less than 15% (fifteen percent) Intensive
Care Unit availability. The Regional Stay at Home Order prohibited private
gatherings of any size, closed section operations except for critical infrastructure
and retail, and required 100% masking and physical distancing in all others. Once
triggered, the Regional Stay at Home Order was to remain in effect for three (3)
weeks.
N. Orange County was located in the Southern California Region under the Regional
Stay at Home Order and was one of the regions where the Regional Stay at Home
Order was triggered due to low ICU bed capacity.
O. On January 25, 2021, the Regional Stay at Home Order was lifted and the Blue
Print for a Safer Economy continued to govern operations of businesses within
the state.
P. On May 21, 2021, the California Department of Public Health announced that the
State of California will move beyond the Blueprint for a Safer Economy, whereby
all sectors listed in the current Blueprint Activities and Business Tiers Chart may
return to usual operations, with limited exceptions for mega events that include
5,000 or more attendees for indoor events and 10,000 or more attendees for
outdoor events.
Q. As of June 6, 2021, the County of Orange current adjusted daily case rate per
100,000 people is 0.9 with a test positivity rate of 0.6%.
R. COVID-19 vaccines manufactured by several companies have been given
emergency approval by the Food and Drug Administration and have been widely
distributed and utilized within the United States. According to the CDC, currently
authorized vaccines in the United States are "highly effective" at protecting
vaccinated people against symptomatic and severe COVID-19.
S. In May 2021, the CDC announced new guidance for fully vaccinated individuals
allowing fully vaccinated people to:
• Resume activities without wearing marks or physically distancing,
except where required by federal, state, local, tribal or territorial laws,
rules and regulations, including local business and workplace guidance;
• Resume domestic travel and refrain from testing before or after travel
or self -quarantine after travel;
• Refrain from testing before leaving the United States for internal travel
(unless required by the destination) and refrain from self -quarantine
after arriving back in the United States.
• Refrain from testing following a known exposure, if asymptomatic, with
some exceptions for specific settings;
• Refrain from quarantine following a known exposure if asymptomatic;
and
• Refrain from routine screening testing if feasible.
T. The CDPH has provided that effective June 15, 2021, it will align its mask
guidance with that of the CDC. After that, California "plans to allow fully -
vaccinated Californians to go without a mask in most indoor settings."
U. This Order is adopted pursuant to the City's police powers and powers afforded
to the city in time of national, state, county and local emergency during an
unprecedented health pandemic, such powers being afforded by the State
Constitution, the City Charter of the City of Santa Ana and the Santa Ana
Municipal Code to protect the peace, health, and safety of the public. This
Order is necessary for the preservation of the public peace, health, and safety
of residents living within the City. Under Government Code Section 8634, this
Order is necessary to provide for the protection of life and property.
NOW, THEREFORE, I, Kristine Ridge, the Director of Emergency Services for the
City of Santa Ana, do hereby issue the following Order to become effective June 15, 2021 at
12:01 a.m., subject to further clarification by the City Council:
IT IS HEREBY ORDERED THAT:
SECTION 2. Executive Order 14-2020 issued December 4, 2020 by the City's
Director of Emergency Services requiring the use of face coverings in public is rescinded
effective June 15, 2021 at 12:01 a.m.
SECTION 3. This Order shall become effective June 15, 2021 at 12:01 a.m.
SECTION 4. 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.
PASSED, APPROVED AND ADOPTED this lye' day of June, 2021.
ATTEST:
Daisy Gomez
Clerk of Council
Krisffnc Ridge
Director of Emergency Services and
City Manager
n