The URL can be used to link to this page

Home My WebLink About03 - Supporting Local Schools as they Return to Normal and Parental Choice in Deciding Whether Children Should be Masked or Vaccinated at SchoolQ �EwPpRT O c — '9 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report August 24, 2021 Agenda Item No. 3 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Tara Finnigan, Deputy City Manager, tfinnigan@newportbeachca.gov PHONE: 949-644-3035 TITLE: Resolution No. 2021-69: Supporting Local Schools as they Return to Normal and Parental Choice in Deciding Whether Children Should be Masked or Vaccinated at School ABSTRACT: At its July 13, 2021 meeting, the City Council voted, via a straw poll, in favor of staff bringing forward an item for the Council's consideration that would express its support for local schools, specifically for local control instead of State mandates regarding masks and vaccinations, and for parental choice in deciding whether their children should be masked or vaccinated at school. This item was continued from the City Council's July 27, 2021 meeting. The staff report and Resolution No. 2021-69 have since been amended. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly-, and b) Adopt Resolution No. 2021-69, A Resolution of the City Council of the City of Newport Beach, California, Supporting Local Schools as they Return to Normal and Parental Choice in Deciding Whether Children Should be Masked or Vaccinated at School. DISCUSSION: Finding that the State had a sufficient vaccine supply for all residents aged 16 years and older who desire to be immunized and that the State's hospitalization rate remained stable and low, Governor Gavin Newsom lifted nearly all COVID-19-related restrictions and reopened the California economy on June 15, 2021. 3-1 Resolution No. 2021-69: Supporting Local Schools as they Return to Normal and Parental Choice in Deciding Whether Children Should be Masked or Vaccinated at School August 24, 2021 Page 2 All sectors, except mega events, which are defined as having 5,000 indoor or 10,000 outdoor attendees, were permitted to return to normal business operations, with no capacity limits or social distancing required. Following the State's action, at its June 22, 2021 meeting, the Newport Beach City Council adopted Resolution No. 2021-62, terminating the proclamation of emergency the Council had adopted on March 15, 2020 in response to the COVID-19 pandemic, finding that the conditions of extreme peril no longer existed. Council Member Noah Blom later asked for an item to be placed on a Council agenda that would, if adopted, express the City Council's support for schools as they return to normal and for parental choice in deciding whether or not to mask or vaccinate their children. At its July 13, 2021 meeting, the City Council supported, 5-1 with Council member Duffield absent, via a straw poll, staff bringing the item forward, in the form of a Council Resolution, for Council discussion and consideration. Resolution 2021-69 was initially placed on the City Council's July 27 agenda, but the item was continued, at Council Member Blom's request, to the City Council's August 24 meeting. Resolution No. 2021-69 has since been amended and now includes language explaining that the State implemented universal mask wearing in K-12 schools and that the City Council's support for local schools includes advocating for those that oppose State mandates requiring masks and vaccines. FISCAL IMPACT: There is no fiscal impact related to the adoption of Resolution No. 2021-69. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A - Resolution No. 2021-69 3-2 ATTACHMENT A RESOLUTION NO. 2021-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING LOCAL SCHOOLS AS THEY RETURN TO NORMAL AND PARENTAL CHOICE IN DECIDING WHETHER CHILDREN SHOULD BE MASKED OR VACCINATED AT SCHOOL WHEREAS, the World Health Organization ("WHO") and UNICEF both state that children five years and younger should not be required to wear masks, and advise that decisions whether to impose a mask requirement upon children ages 6-11 should be made based on several factors, including the impact of mask wearing on a child's psychosocial development; WHEREAS, the WHO also recommends against children wearing masks during exercise or play, as masks can be harmful because they compromise a child's ability to breathe; WHEREAS, repeated mask wearing over long periods of time can be harmful; WHEREAS, children are less likely to get symptomatic COVID-19 than adults; WHEREAS, the ability to see, appreciate and communicate through facial expressions is crucial to a child's social development, mental health, and physical well- being; WHEREAS, the majority of adults and children over 12 years of age, including those at high risk of adverse outcomes from COVID-19, have had ample opportunity to get vaccinated; WHEREAS, the State of California has implemented universal masking requirements in K-12 school settings rather than allowing parents to decide whether wearing masks or being vaccinated is in their child's best interest; and WHEREAS, on June 22, 2021, pursuant to Resolution 2021-62, the City of Newport Beach terminated its proclamation of emergency adopted in response to COVID- 19, finding that the conditions of extreme peril no longer existed. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby supports allowing children to attend school without masks or being vaccinated if their parents decide that wearing masks or being vaccinated is not in their child's best interest. 3-3 Resolution No. 2021-69 Page 2 of 3 Section 2: The City Council commits to supporting local schools as they return to normal, including advocating for local schools that oppose state mandates requiring masks and vaccines. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 3-4 Resolution No. 2021-69 Page 3 of 3 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 24th day of August, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C. Aaron C. Harp City Attorney 3-5