HomeMy WebLinkAbout2021-39 - Supporting California Assembly Bill 327, as AmendedRESOLUTION NO. 2021-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SUPPORTING
CALIFORNIA ASSEMBLY BILL 327, AS AMENDED
WHEREAS, on February 4, 2020, the Secretary of Health and Human Services
("HHS"), pursuant to Section 564 of the Federal Food, Drug and Cosmetic Act,
determined there was a public health emergency involving the novel coronavirus that
causes the illness Coronavirus Disease 2019 ("COVID-19");
WHEREAS, since December 11, 2020, the Federal Food and Drug Administration
("FDA"), under authority delegated to it by the Secretary of HHS, has issued emergency
use authorizations for three (3) vaccines for the prevention of COVID-19;
WHEREAS, California Assembly Bill No. 327 ("AB 327"), as amended, has been
introduced in the California Assembly and, if adopted into law, would add Chapter 3.28
(commencing with Section 6218.8) to Division 7 of Title I of the Government Code,
prohibiting state agencies, local governments, and any other state governmental authority
from adopting or enforcing any order, ordinance, policy, regulation, rule, or similar
measure that requires an individual to provide, as a condition of receiving any service or
entering any place, documentation regarding the individual's vaccination status for any
COVID-19 vaccine administered under an emergency use authorization; and
WHEREAS, AB 327 would prohibit any public or private entity that receives or is
awarded state funds through any means, as specified, from requiring a member of the
public to provide, as a condition of receipt of any service or entrance to any place,
documentation regarding the person's vaccination status for any COVID-19 vaccine
administered under an emergency use authorization.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby support AB 327, as amended.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2021-39
Page 2 of 2
Section 3: 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 4: 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.
Section 5: 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 11th day of May, 2021.
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Leilani I. Brown --
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APPROVED AS TO FORM:
CITY TORNEY'S OFF7
Aa"on-C. Harp
City Attorney
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2021-39 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 111h day of May, 2021; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill
NAYS: Council Member Joy Brenner
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 12th day of May, 2021.
Leilani I. Brown
City Clerk
Newport Beach, California