HomeMy WebLinkAboutAdopt Resolution No. 2023-48 Declaring the City of Huntingto (2) �1 0 2000 Main Street,
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92648
City of Huntington Beach APPROVED 4-3
eouRi5 (KALMICK, MOSER,
BOLTON—NO)
File #: 23-756 MEETING DATE: 10/3/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
PREPARED BY: Catherine Jun, Deputy City Manager
Subiect:
Request to adopt Resolution No. 2023-48 declaring the City of Huntington Beach a "No Mask
and No Vaccine Mandate City'
Statement of Issue:
On September 5, 2023, City Council approved an H-Item authored by Mayor Pro Tern Van Der Mark
to prepare a Resolution declaring the City to be a "no mask and no vaccine mandate City".
Resolution No. 2023-48 has been prepared in conjunction with the City Attorney's Office and is
attached for consideration.
Financial Impact:
There is no fiscal impact.
Recommended Action:
Adopt 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"
Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
On September 5, 2023, City Council approved Mayor Pro Tern Van Der Mark's H-Item request for a
resolution that declares the City to be a "no mask and no vaccine mandate City", as it relates to
COVID-19 and its variants.
The City Attorney's Office and the City Manager's Office prepared Resolution No. 2023-48, which is
attached for consideration. The Resolution bans mask or vaccine mandates within its jurisdiction,
while recognizing exceptions exist for those who test positive for COVID-19. Furthermore, individuals
would retain the right to mask and/or vaccinate, and businesses would retain the right to impose
mask and proof of vaccine requirements.
City of Huntington Beach Page 1 of 2 Printed on 9/27/2023
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File #: 23-756 MEETING DATE: 10/3/2023
The Resolution also indicates there is presently no competing authority by the State of California or
the County of Orange that mandates masks or vaccines related to COVID-19. However, it remains
uncertain if these agencies will issue such mandates in the future. If that occurs, the City will
evaluate their impacts in the context of this Resolution at that time.
Please note that City of Huntington Beach employees who test positive or were directly exposed to
an individual who tested positive for COVID-19 would continue to adhere to any related Cal/OSHA
requirements, and Fire and Police personnel may also be required by their respective Chiefs to wear
masks during emergency calls.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. September 5, 2023 H-Item by Mayor Pro Tern Van Der Mark
2. Resolution 2023-48
City of Huntington Beach Page 2 of 2 Printed on 9/27/2023
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,,IIONTINCTON J
CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING - COUNCIL MEMBER ITEMS REPORT
TO: CITY COUNCIL
FROM: GRACEY VAN DER MARK, MAYOR PRO TEM
DATE: SEPTEMBER 5, 2023
SUBJECT: RESOLUTION DECLARING CITY TO BE A"NO MASK AND NO VACCINE MANDATE" CITY
ISSUE STATEMENT
In 2020 and 2021, National,State, and Local governments throughout the country imposed "mask-wearing
mandates" and "vaccine mandates" on the American people in response to the COVID-19 pandemic. However,
when the pandemic broke out in February of 2020,the nation's leading"expert" on the COVID-19 response, Dr.
Anthony Fauci,wrote that masks were"not really effective." (Newsweek, "Fauci Said Masks 'Not Really Effective
in Keeping Out Virus,'Email Reveals,"June 2, 2021). In 2023, in retrospect of the COVID-19 response related
to mask wearing,we learned that the "CDC exaggerated the evidence for masks to fight COVID." (Chicago Sun
Times, "New research shows CDC exaggerated the evidence for masks to fight COVID," February 8,2023). In
addition, studies show that COVID vaccines lost effectiveness over time. (LA Times, "Study shows dramatic
decline in effectiveness of all three COVID-19 vaccines over time,"November 4, 2021).
Also in 2020 and 2021,the City of Huntington Beach imposed, among other things, broad (universal) mask-
wearing mandates at City Hall and it encouraged the community to follow broad mask-wearing mandates issued
by the State of California. Businesses throughout the City imposed a requirement to enter or patronize by
showing a "proof of vaccination" card. Those mandates, like many of the other COVID-19 response restrictions,
unnecessarily limited the freedoms of the citizens of Huntington Beach -even those who were not around
anyone who tested positive for COVID-19 or at risk of any exposure. And, as we know now,with little to no
effectiveness on the spread of COVID-19.
With the increase in reports that there now may be a COVID resurgence and spread by a new COVID-19 variant,
and additional discussion of possible new broad (universal) mask-wearing mandates and pushes
for vaccination boosters,the City Council of Huntington Beach should take a stand against government imposing
on individual liberties and broadly imposing response measures on individuals that have been proven to have
little or no effectiveness. The City should ban broad (universal) mask and vaccine mandates by declaring the City
to be a "no mask and no vaccine mandate City." An exception to this rule only applies to those who have tested
positive for COVID. Otherwise,those 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.
RECOMMENDED ACTION
The City ban broad (universal) mask and vaccine mandates; City Manager to return to Council with a Resolution
at the next regular meeting declaring the City to be a "no mask and no vaccine mandate City" as a response to
COVID-19 or any variants. Individuals,whether at City Hall or in the private sector, should have a right to choose
whether to wear a mask or get vaccinated or boosted.
STRATEGIC PLAN GOAL
Not Applicable
RESOLUTION NO. 2Q23-48
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 CQVID-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 Chiefs 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.
2
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 3 day of a h-ber;20-23." ' .. ;
I 4'7 ,,,O&t.3
Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk Ci Attorney
3
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
From: Elizabeth SanFilipDo
To: suoolementalcommsurfcitv-hb.orq;CITY COUNCIL(INCL. CMO STAFF)
Subject: No Mask and No Vaccine Mandate Resolution--Oppose
Date: Monday,October 2,2023 3:08:21 PM
I am a Huntington Beach resident and homeowner for over thirty years and am opposed to the
"No Mask and No Vaccine Mandate"Resolution. With COVID testing positivity rates rising
in Orange County according to the Orange County Health Care Agency,the city should
commit to promoting public health information to our residents to protect all people,
especially people at risk. Older people have a greater risk for COVID and its complications,
and approximately 19%of Huntington Beach's population are 65 years old. Opposing the use
of masks is not in the best interest of public health.
Thank you for your consideration.
Elizabeth San Filippo
SUPPL EW T AL
COMMUNiCATION
10/3/2023
M og Date:
15 (23-756)
Agenda Item No.;
Switzer, Donna
From: cherivatkinson@aol.com
Sent: Sunday, October 1, 2023 7:26 AM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL(INCL. CMO STAFF); Cheri Atkinson
Subject: Fw::My vote is No on Item 7, No on Item, and Noon All Charter Ammendments=To go
on the record
Dear City Council
1. I vote No on disbanding the Human Relations Task Force in HB, although I did not see it on Item 7.
With Hate Crimes.up.in HB, we need the Human Relations Task Force. They help with HBPD, to
monitor Hate Incidents and Hate Crimes. They have programs, that facilitate dialogue. It is unwise
and dangerous, to eliminate the Human Relations Task Force.
2. I vote no on Item 15- Making HB a No Mask and Vaccine City. If some one infected dosen't wears
a mask, and do, I am only 30 % protected, but if they do and I don't, I have a 70% protection rate, if
we both do, then is almost a 100% protection. Let's do what other countries do, and focus on the
common good and not individual rights. We do not know, what pandemic is ahead and don't want to
lock ourselves into "No Mask and No Vaccination HB"
3. I am against all Charter Arnmendments and feel that taxpayer money can be used in many more
productive ways. I went to the University of Florida, lived in Florida, andnow live in Huntington Beach,
and don't feel that we should be following Florida's playbook.
1. We do not need to reduce the qualifications, of the Elected City Clerk. It is an important position,
why reduce the qualifications.
2. The City Attorney, should be accountable to the City Council., and its constituency. It is not posted
about how much money, the City Attorney has lost the city in unecessary law suits, only successes.
We need quality control, and someone to oversee the money that the City Attorney is costing the city
of HB.
3. The County should continue to conduct the elections, as they have had.. Many election workers
have reported, that the elections have been run fairly.. I do not trust with our new HBCC, that the
elections will be conducted fairly, and without voter suppression. Adding Poll-Watchers, smacks of
inimidation.
4. Banning the Pride Flag- Continues to show HB as unwelcoming and unsupportive of our LGBTQ
residents and the new Statement.of Dignity has definite Anti-Trans rhetoric.
My comments are for Public Record
Cheri Atkinson LCSW/ HB Resident
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Moore, Tania
From: J C <qhlady@me.com>
Sent: Monday, October 2, 2023 9:28 PM
To: CITY COUNCIL(INCL.CMO STAFF)
Cc: supplementalcomm@surfcity-hb.org
Subject: 10-3-23 City Council Meeting, 6pm
I fully support Agenda Item 15 Resolution No.2023-48
I also support :
voter ID for elections
more in-person voting locations
monitoring of drop boxes
Thank you my husband and I had a wonderful time at the Pacific Airshow over the weekend.
Jean Cloyd
resident of Huntington Beach
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Moore, Tania
From: Scott Malabarba <scott@malabarba.org>
Sent: Monday, October 2, 2023 9:42 PM
To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org
Subject: in opposition to 23-756 and and 23-758
Dear HB City Council,
Thank you again to council members Moser, Bolton, and Kalmick for your dedication.
I oppose 23-756,which is ridiculous political theater.
I'm not well versed in the law here, but would bet money that the city council cannot override state or county health
regulations and that attempting to do so would get the city sued (again!).
Also, "No Mask and No Vaccine Mandate City"just sounds stupid.
I oppose 23-758. I was suspicious of the attempt to disband numerous committees when it was first introduced at the
Sep 5 council meeting.Thanks to the efforts of various HB residents who are involved in some of the affected
committees, I learned I was right to be.This looks less like "streamlining" and more like "let's cancel everything we don't
agree with." If you want to save taxpayer money,then drop the charter amendment nonsense.
Regards,
Scott Malabarba
HB resident
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Moore, Tania
From:. StarsStripes <starsstripes@me.com>
Sent: Monday, October 2, 2023 10:41 PM
To: CITY COUNCIL(INCL.CMO STAFF)
Cc: supplementalcomm@surfcity-hb.org
Subject: 10-3-23 City Council Meeting, 6pm
I fully support Agenda Item 15 (Resolution No. 2023-48)
Just for the record, I also support the following Voter Resolution
• . Voter ID for Elections
• More in-person voting locations
• Monitoring of drop boxes
Although I do not think those go far enough. Most of the problems country wide with voter fraud is the
• electronic voting machines that have internet access to them in real time and USB Stick access to load
scripts. Those are to easy to hack and change votes. Ballots need to be Hand counted (No electronics)
• Voter Rolls need to be cleaned. Orange County uses Electronic Registration Information Center, known as
ERIC. Eric was funded by George Soros through Open Society Foundation. They are a left leaning non-
Profit organization. They have done a poor job getting rid of expired people and people that have moved out
of the area. Louisiana, Alabama, West Virginia, Missouri, Ohio, Virginia, Florida, & Iowa have left Eric
completely because of them not doing the job they were signed up to do. Orange County needs to dump
Eric and clean up the voter rolls.
• Drop Boxes need to beat the polling place on the day of the election. Period. To many cases of massive
dumps at these dropBoxes.
• •In person voting with Voter id only Single day Voting. Only Absentee ballots to be accepted with a really
good excuse. If people are sick and cant make it to vote, come up with a program to pick up those votes.
Hearing Orange County has first class Fraud free Voting I am not convinced. They still use electronic voting,
Signature verifying machines that can be dialed back to accept more loose signature matches, Eric to clean voter
rolls, voting for a month. All of these are ripe for fraud. I dont buy they are clean.
Fair elections are the most basic fundamental rights we have as Americans. Fraud in elections should carry very
stiff consequences.
Rob Cloyd
Huntington Beach Resident
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Moore, Tania
From: Kathey <kathey_haas@hotmail.com>
Sent: Tuesday, October 3, 2023 2:53 AM
To: supplementalcomm@surfcity-hb.org
Subject: Support for Agenda Item#15
Mayor Strickland, Mayor Pro Tem Van Der Mark and members of the City Council:
I am sorry that I am not able to be at the meeting this evening to enthusiastically voice my support for Agenda Item#15,
the adoption of Resolution No. 2023-48 declaring the City of Huntington Beach a "No Mask and No Vaccine Mandate
City!"
This resolution gives each of us individuals and businesses freedom to choose what measures are right for our own
health needs. This freedom of choice is the hallmark of democracy and I am very proud of Huntington Beach for making
this stance.
So I urge you to vote in favor of item#15 on the agenda!
Thank you for your service to our fine city!
Kathey Haas
50 year resident of Huntington Beach
Sent from my iPhone •
1
Moore, Tania
From: Diane <dianesgotopnions@gmail.com>
Sent: Tuesday, October 3, 2023 3:45 AM
To: supplementalcomm@surfcity-hb.org;CITY COUNCIL(INCL. CMO STAFF)
Subject: Oppose Item#15
There is no longer an official:COVID health emergency, but no one can see the future. It makes no sense for people with
no medical or science background to pass a resolution that preempts an action that may be deemed appropriate due to
circumstances that cannot be foreseen at this time. This is just another one of your dog-whistle culture war issues
placed on the agenda solely to bring attention to your antics.
Stop wasting our time and resources on culture war items and please start to govern for all the citizens of HB.
Sincerely,
Diane James
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Moore, Tania
From: Celeste Rybicki <celeste@celesterybicki.com>
Sent: Tuesday, October 3, 2023 8:47 AM
To: CITY COUNCIL(INCL.CMO STAFF);supplementalcomm@surfcity-hb.org
Subject: In opposition to banning mask mandates and politicizing,well, everything
Dear Councilmembers,while this meeting's agenda does seem to include much more customary city council business
(and disappointingly also the dissolution of so many citizen run committees, boo!)The final item, 23-756,to declare HB a
"No Mask and No Vaccine Mandate City" is nothing more than a pathetic pick-me attempt.to snag Gracey a Newsmax
interview. First of all, its effectively useless seeing as how there are NO mask or vaccine mandates in place. Upon further
reading,the resolution would assume that a city council should be trusted more than public health officials in regards to
any health emergency... but no there are still all kinds of examples where masks/vaccines would be required.So just
trash it,the resolution is pointless and makes our city look ridiculous.
Speaking of catering to one specific political subset...what the heck happened at this year's airshow? Is this a city event
or not?We saw multiple flags flown on the beach that were not in the"approved"selection you all voted on and then a
Trump flyover!?! After seeing clips of the city attorney bragging to the convicted rapist currently indicted for over 90
felony charges that he was pushing thru all the changes we as citizens were told were up for discussion, I have to
wonder if he,Strickland,VDM, McKeon,and Burns do in fact work for the city of HB or if they work for the Trump 2024
campaign?
And lastly, on the topic of embarrassing video clips going around, Mayor Strickland was filmed referring to"our side"
and "their side" and ADA compliance for public comments.To encourage anyone to take advantage of a system in place
to accommodate those with disabilities is so wrong and to speak of it in this manner is both disgusting and ought to be a
violation of something.
I want to see this city council working together as ONE side, one HB and I don't want to see any more video clips of
elected officials making asses of themselves. Please.
Celeste Rybicki
14 year resident
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Moore, Tania
From: Nabila Yousef <yes@yesenergies.com>
Sent: Tuesday, October 3, 2023 12:33 PM
To: supplementalcomm@surfcity-hb.org
Subject: Agenda Item #15. 23-756 Declaring city of HB "No Mask No Vaccine Mandate City"
Importance: High
Dear Council members,
First and foremost,Thank you for delivering on your campaign promises. Not too many do, but you did.
Regarding the subject agenda item#15, I am totally in support of such declaration. I would like to also recommend that:
1- we stop calling the Covid Shot"Vaccine".Vaccines prevent the vaccinated person from getting the disease,this
Shot doesn't.
2- as a public health awareness make it clear to the public that this shot may have adverse health effect (I
personally did experience that and presently on medication still) and it doesn't prevent the spread of Covid, nor
will it prevent the recipient of the shot from getting Covid
As with regards to the Mask, again, it has been proven that these masks do not prevent the spread of Covid,even the
famous Dr. Fauci stated so himself, not that I place any credence in what that bought and paid for gentleman says
anyway. Wearing a mask is virtue signaling as well as an indication that you are scared of everything including your own
shadow.There is no scientific proof that Masks made a difference during the period when they were mandated. On the
contrary they had an adverse impact in certain situation (Kids learning, and psychological development, etc..) So let's
follow the science and stop mandating stuff that doesn't work, giving the people the freedom of choice.
Best Regards
Nabila Yousef B.Sc, M.A.Sc
1116 Lake street, Huntington Beach, Ca 92648
Tel: 714.290.3934
Email:ves@vesenergies.com
Web:www.Yesenergies.com
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Moore, Tania
From: Chris Varga <christopher.j.varga@gmail.com>
Sent: Tuesday, October 3, 2023 2:17 PM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF)
Subject: Comments to the City Council for 10/3/23 Council Meeting
The following are my comments for agenda items on this week's City Council Meeting.
Agenda Item 7 (23-758)—I encourage a NO vote and do not eliminate useful and need boards and commissions.
Agenda Item 8(23-581)—YES to approve DCC assistances.
Agenda Item 12 (23-824)—YES on bike regulations
Agenda Item 15 (23-756)—NO on this"No Mask" resolution. Not needed and not a city council issue. Stupid political
shenanigans.
Sincerely,
Chris Varga
Huntington Beach
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