HomeMy WebLinkAboutCity Council - 2023-48 RESOLUTION NO. 2023-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA, DECLARING THE CITY OF HUNTINGTON BEACH
A"NO MASK AND NO VACCINE MANDATE CITY."
WHEREAS, on September 5, 2023, Mayor Pro Tern, Gracey Van Der Mark, presented a
Council Member Item to the Huntington Beach City Council requesting a Resolution declaring the
City of Huntington Beach a "No Mask and No Vaccine Mandate City" pertaining to response to
COVID-19 and variants (all COVID-19 and related variants hereinafter as "COVID-19"); and,
WHEREAS, America is built upon freedoms, rights, and responsibilities, and the City of
Huntington Beach recognizes freedom and individual choice in making health decisions, local
control, and civic pride; and,
WHEREAS, in early 2020, COVID-19 and the State, County, and local response to the
pandemic caused significant hardship to the residents and businesses of the City of Huntington
Beach, including depriving individuals of freedom of movement and freedom to choose how to
handle their own individual health and response to health concerns; and,
WHEREAS, the government responses to COVID-19 from 2020 through 2021 disrupted
more than a century of Huntington Beach's embrace and exercise of individual freedoms,
including but not limited to moving freely throughout the City, and, individuals making their own
personal health decisions. This disruption included the government-imposed mask-wearing and
vaccine mandates; and,
WHEREAS, a retrospective analysis has shown that government responses to COVID-19
were not convincingly or compellingly supported by medical or scientific evidence and therefore
did not justify governments imposing on, or depriving of, individual liberties and the freedoms of
businesses to make choices best for their own safety and self-determination; and
WHEREAS, on September 5, 2023, the Huntington Beach City Council voted to take a
stand against government imposing on individual liberties and broadly imposing mask-wearing
and vaccination measures on individuals and businesses; and,
WHEREAS, individuals not directly at risk of direct exposure should have a right to
choose whether to wear a mask or not, or whether to get vaccinated or not, and if someone chooses
to, they should be allowed to; and,
RESOLUTION NO. 2023-48
WHEREAS, there is presently no competing authority by the State of California or the
County of Orange mandating masks or vaccines; and,
WHEREAS, the Preamble of the City Charter includes "...we do hereby exercise the
privilege of retaining for ourselves, the benefits of local government, by enacting the laws, rules,
regulations and procedures set forth herein pertaining to the governance and operation of our City."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach, California, Resolves and Declares, as follows:
1. The City of Huntington Beach is hereby a"NO MASK AND NO VACCINE MANDATE
CITY"; and
2. As such, the City of Huntington Beach hereby bans broad (universal) mask-wearing and
vaccine mandates within its jurisdiction(recognizing exceptions may exist for individuals
who have tested positive for COVID-19); and
3. Such that individuals are free to choose whether to wear a mask, or, whether to be
vaccinated; and
4. Businesses throughout the City are free to choose whether to require patrons to wear masks,
or, whether to show proof of vaccination; and
5. The following exceptions to this NO MASK AND NO VACCINE MANDATE CITY
Declaration are as follows:
a. Employees of the City of Huntington Beach who have tested positive for COVID-
19 or have been directly exposed to someone who tested positive for COVID-19
will continue to follow the mask-wearing recommendations by State of California
Department of Industrial Relations Division of Occupational Safety and Health
(Cal/OSHA) for recommended absence from work and for temporary mask-
wearing upon return to work. At no time, however, will the City of Huntington
Beach require City employees to get vaccinated; and
b. As first responders, the City's Police and Fire Department personnel may be
required by their respective Chiefs, as determined by the Chief in the Chief's sole
discretion, to wear masks while responding to emergency calls. At no time,
however, will the City of Huntington Beach require the City's Police and Fire
Department personnel to get vaccinated.
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23-13540/320044
RESOLUTION NO. 2023-48
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 314° day dabber;2013.' , - -`
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Mayor
ATTEST: APPROVED AS TO FORM:
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23-13540/320044
Res. No. 2023-48
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on October 3, 2023 by the following vote:
AYES: Van Der Mark, Strickland, McKeon, Burns
NOES: Kalmick, Moser, Bolton
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California