HomeMy WebLinkAbout2023-10-03Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, October 3, 2023
5:00 PM — Council Chambers
6:00 PM — Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 5:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
5:00 PM - COUNCIL CHAMBERS
CALLED TO ORDER — 5:00 PM
ROLL CALL
Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
Absent: None
CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit)
Councilmember Moser announced Banned Books Week, October 1 – 7, and recognized the work of PEN
America (more information can be found at pen.org), and also recognized October as Breast Cancer
Awareness Month; Councilmember Burns recognized the successful Pacific Air Show event; and Mayor
Pro Tem Van Der Mark thanked public safety personnel for their service during the Pacific Air Show
weekend.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS RELATED TO CLOSED SESSION
ITEMS (Received After Agenda Distribution) — None
PUBLIC COMMENTS RELATED TO CLOSED SESSION ITEMS (3-Minute Time Limit) — None
A motion was made by Burns, with a second by Van Der Mark, to recess to Closed Session.
RECESSED TO CLOSED SESSION — 5:04 PM
CLOSED SESSION
1. 23-826 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief
Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager;
Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant
City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny
Han, Chief Financial Officer. Employee Organization: The Huntington Beach
Firefighters’ Association (HBFA).
Council/PFA Minutes
October 3, 2023
Page 2 of 13
2. 23-827 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency
designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief
Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager;
Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant
City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny
Han, Chief Financial Officer. Employee Organization: Fire Management Association
(FMA).
3. 23-840 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section
54956.9(d)(4).): Number of matters: One (1) - Confer with City Attorney regarding a
request to provide Amicus support with regard to The Ohio House, LLC vs. City of
Costa Mesa; United States Court of Appeals for the Ninth Circuit Case No. 22-56181;
United States District Court for the Central District of California Case No. 8:19-cv-
01710-JVS-GJS
6:00 PM — COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:01 PM
ROLL CALL
Present: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
Absent: None
PLEDGE OF ALLEGIANCE — Led by Councilmember Bolton
INVOCATION
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
4. 23-829 Huntington Beach Police Chaplain James Pike
CLOSED SESSION REPORT BY CITY ATTORNEY
City Attorney Gates reported that by a vote of 7 – 0, the City Council authorized Amicus support through
the League of Cities with regard to The Ohio House, LLC vs. City of Costa Mesa; United States Court of
Appeals for the Ninth Circuit Case No. 22-56181; United States District Court for the Central District of
California Case No. 8:19-cv-01710-JVS-GJS.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental
communications that were received by her office following distribution of the Council Agenda packet,
which were all uploaded to the City's website and Councilmember iPads:
Consent Calendar Items #5 (1 Staff Memorandum), #7 (3 email communications), #8 (4 email
communications), #12 (1 email communication); Administrative Items #14 (1 email communication), and
#15 (8 email communications).
Council/PFA Minutes
October 3, 2023
Page 3 of 13
PUBLIC COMMENTS (3-Minute Time Limit) — 35 Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Luanne Nichols Shoup was called to speak and announced Surf City Arts Fest and Family Arts Day at
Central Park right behind Central Library on Saturday, October 7, from 10 AM – 4 PM. (00:12:09)
Shammy Dee was called to speak and shared her opinions on misleading information from the Pacific Air
Show Financial Impact brochure. (00:13:26)
Unnamed Guest, Huntington Beach homeowner, was called to speak and shared her opinions regarding
recent actions of City Attorney Gates, and Councilmember actions and decisions. (00:16:43)
Nora Pedersen, 37-year resident, was called to speak and shared information about Banned Books
Week, October 1 – 7. (00:19:50)
Unnamed Guest was called to speak and shared exhibits related to COVID-19, voter fraud, and Mayor
Strickland's violations of the Political Reform Act, and asked that Mayor Strickland recuse himself from
deliberations regarding proposed election Charter amendments. (00:21:37)
Kathy Carrick, 48-year resident, was called to speak and stated her support for placing pornographic and
sexually explicit library materials away from the children's section and thanked Mayor Pro Tem Van Der
Mark for her efforts on this issue. (00:24:33)
Mary Jo Baretich, a 40-year resident, was called to speak and stated her opposition to proposed election
Charter amendments and bundling unrelated items on the ballot. (00:27:37)
Meg Robinson, a resident, was called to speak and shared her opinion on many broken Councilmember
campaign promises as documented by actions taken since being elected. (00:29:56)
Unnamed Guest was called to speak and shared her opinion that many of the proposed Charter
amendments should be handled through ordinances, and stated her opposition to proposed election
Charter amendments. (00:32:26)
Pat Goodman, a resident since 1976, was called to speak and shared her opinions related to lack of
adequate affordable housing in Huntington Beach. (00:35:09)
Carol Daus, 28-year resident, was called to speak and shared her opinions regarding some proposed
Charter amendments, and opposition to recent partisan actions of elected Huntington Beach officials.
(00:38:23)
TJ England, 55-year resident, was called to speak and stated her opposition to the many unnecessary
proposed Charter amendments, Councilmembers serving on too many committees, and Administrative
Items #15, adoption of Resolution No. 2023-48, the "no mask and no vaccine mandate". (00:41:34)
Dennis, a 40-year resident, was called to speak. He objected to being the first person to enter Council
Chambers for this meeting, yet there were many speakers called before him. City Clerk Estanislau
explained that she accepts Request to Speak prior to the meeting, and that speaker names are called in
the order received. Dennis acknowledged the service of Sen. Dianne Feinstein and shared his opinions
on divided politics across the nation. (00:44:30)
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October 3, 2023
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Terry Rose, a 40-year resident, was called to speak and asked that all proposed Charter amendments be
listed separately on the ballot and shared her concerns about the safety issues created by e-bikes and
skateboards on Utica Street. (00:47:51)
Synde Manion, a resident, was called to speak and shared her opinions on Charter Section 705, Special
Provisions Relating to Municipal Elections, and asked that Councilmembers put aside their political
differences and actually listen to the speakers. (00:49:55)
Andrew Einhorn, a resident, was called to speak and requested an external independent investigation of
Mayor Pro Tem Van Der Mark's past actions, statements and affiliations to determine the truth.
(00:53:04)
Neal Kuster was called to speak and stated his opposition to Consent Calendar Item #7 regarding
streamlining, consolidating, and/or dissolving a select number of the City's boards, commissions and
committees and Council committees, and Administrative Items #15 regarding declaring the City a "no
mask and no vaccine mandate" city. He also shared his opinions on the availability of low-income
housing, homelessness, and safe cycling options. (00:55:59)
Brian Vea, a resident, was called to speak and shared his opinions on various aspects of the awesome
Pacific Air Show this past weekend. (00:59:08)
Jignesh Padhiar was called to speak and thanked those responsible for the successful Pacific Air Show.
He stated support for Administrative Items #15 regarding declaring Huntington Beach a "no mask and no
vaccine mandate" city, the proposed Charter amendment requiring voter ID, and moving selected books
from the children to adult sections in libraries. (01:00:24)
Ann Palmer, a 30+-year resident, was called to speak and thanked Councilmembers for the Charter
review process. She also shared her concerns regarding development and asked that plans for the
property at Bolsa Chica and Warner Avenue be re-imagined during the zoning change process.
(01:03:24)
Unnamed Guest was called to speak and thanked everyone responsible for the awesome Pacific Air
Show. He stated opposition to proposed Charter amendment changes to Section 313, Conflict of
Interest, Nepotism, and his opinions regarding mask mandates. (01:05:43)
Tim Geddes, a 40-year resident, was called to speak and stated his opposition to proposed Charter
amendments regarding voting and the election process. (01:09:30)
Merle Moshiri, a 45-year resident, was called to speak and shared her opinions regarding the importance
of the words used for the proposed Charter amendments, and opposition to Councilmembers using
divisive terms and not looking out for what is best for all residents. (01:12:08)
Jerry Donohue was called to speak and read excerpts from a management editorial piece in the
September 13th Orange County Register expressing opinions regarding recent Huntington Beach City
Council meetings. (01:15:08)
Butch Twining, 58-year resident, was called to speak and stated his support for the proposed Charter
amendment on voter ID by citing examples of when ID is required. (01:18:12)
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October 3, 2023
Page 5 of 13
Unnamed Guest was called to speak and expressed appreciation for the tremendously successful Pacific
Air Show, and shared examples of some results from Make America Great Again (MAGA) efforts.
(01:20:52)
Kathryn Goddard, a resident since the 1980s, was called to speak and provided examples from her
perspective on the problem of newly-elected Councilmembers saying one thing but delivering something
else and encouraged Councilmembers to support policies of inclusion rather than policies of exclusion.
(01:23:15)
David Rynerson, 27-year resident, was called to speak and stated his opposition to allowing use of
Pacific Air Show funds and time for a national political candidate. (01:25:53)
Jeanne Farrens was called to speak and stated her opposition to all proposed Charter amendments.
(01:27:24)
Tony Duran, resident, local business owner and HB Downtown Business Improvement District Executive
Board member, was called to speak and stated his support for Consent Calendar Item #12 regarding
bicycle regulations and offered to assist with developing safe policies. (01:30:34)
Sandy Taylor, owner of two Downtown clothing boutiques and HB Downtown Business Improvement
District (HBDBID) Board of Directors Vice President, was called to speak and stated she was speaking
as an individual in describing the benefits of HBDBID. (01:33:42)
Amory Hanson was called to speak and stated his support for Administrative Items #15 regarding
declaring the City a "no mask and no vaccine mandate" city. (01:35:07)
Ken Inouye, a 50-year resident of Huntington Beach, was called to speak and suggested adopting a
strategic and accumulative financial schedule that shows all of the reserves, potential revenues,
expenses, and potential liabilities so Councilmembers can make intelligent decisions based upon the
financial impact of their decisions, and as a prior CPA, he volunteered to help create the suggested
schedule. (01:37:08)
Dean Schwartz, a Citizen Advocate for Non-Smokers' Rights, was called to speak and offered to work
with Councilmembers to enact smoke-free policies for Huntington Beach. Mayor Pro Tem Van Der Mark
asked Mr. Schwartz to complete a blue card for follow-up. (01:39:26)
Chris Byrne was called to speak and stated appreciation for the epic Pacific Air Show. He stated support
for Administrative Items #15 regarding declaring the City a "no mask and no vaccine mandate" city.
(01:42:26)
COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None
AB 1234 REPORTING — None
OPENNESS IN NEGOTIATION DISCLOSURES — None
CITY MANAGER’S REPORT — None
CONSENT CALENDAR (Items 5-12)
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October 3, 2023
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Mayor Strickland announced that staff pulled Consent Calendar Item #12, Councilmember Kalmick
pulled #7, and Councilmember Burns pulled #8 for further discussion.
CITY CLERK
5. 23-823 Approved and Adopted Minutes
A motion was made by Strickland, second Van Der Mark to approve and adopt the City Council/Public
Financing Authority regular meeting minutes of August 1, 2023 approve and adopt the City
Council/Public Financing Authority regular meeting minutes of September 5, 2023; approve and adopt
the City Council/Public Financing Authority regular meeting minutes of September 19, 2023; and,
approve and adopt the City Council/Public Financing Authority special meeting minutes of September 14,
2023.
The motion as amended by supplemental communication to remove from consideration the August 1,
2023 minutes, carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
6. 23-825 Received and Filed September Update of Activities for Citizen Boards,
Commissions, Committees (BCCs) and Regional Agencies
A motion was made by Strickland, second Van Der Mark to receive and file.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
CITY MANAGER
7. 23-758 Adopted Ordinances to amend the Huntington Beach Municipal Code to streamline,
consolidate, and/or dissolve a select number of the City’s Boards, Commissions,
and Committees and Council Committees
Ordinance Nos. 4296, 4295, 4298, 4299 approved for introduction September 5, 2023
— Vote: 4–3 (Kalmick, Moser, Bolton – No);
Ordinance Nos. 4297, 4300, 4301 approved for introduction September 5, 2023 —
Vote: 5–2 (Moser, Bolton – No)
Councilmember Kalmick pulled this item to ensure accurate recording of votes.
Councilmember Burns suggested changing "July 4th" to "Independence Day" for Ordinance No. 4301,
(Part G). After a brief discussion, Mayor Strickland and Councilmembers Burns and Kalmick agreed to
leave as is for this vote and asked that staff bring back for full discussion at another time.
Councilmember Moser requested more details on the "new Youth Committee" that will replace the Youth
Board. She expressed her concern about the continuity of the Junior Citizens Academy which previously
began with the school year. Councilmember Moser noted that the Human Relations Committee has
been dissolved and the Orange County Hate Crimes Report shows increased hate crimes, hate incidents
and anti-LGBTQ activity in Orange County.
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October 3, 2023
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Assistant City Manager Travis Hopkins and Director of Community and Library Services Ashley Wysocki
responded with more details regarding the Youth Civic Leaders Collaborative which is expected to have
their first meeting early next year. Director Wysocki confirmed this Collaborative will not be under the
Brown "Open Meetings" Act restrictions to allow for more communication between the members.
A motion was made by Kalmick, second Strickland to adopt Ordinance No. 4296, "An Ordinance of the
City of Huntington Beach repealing Ordinance No. 4168 and delete Chapter 2.104 of the Huntington
Beach Municipal Code dissolving the Jet Noise Commission;" adopt Ordinance No. 4295, "An Ordinance
of the City of Huntington Beach repealing Ordinance No. 3332 and delete Chapter 2.112 of the
Huntington Beach Municipal Code dissolving the Mobile Home Advisory Board;" adopt Ordinance No.
4298, "An Ordinance of the City of Huntington Beach deleting Chapter 2.102 of the Huntington Beach
Municipal Code and dissolving the Environmental and Sustainability Board;" adopt Ordinance No. 4299,
"An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by
amending Chapter 2.111 thereof related to Citizen Infrastructure Advisory Board/Public Works
Commission"; and approve the official dissolution of the Smart Cities and Technology Council Committee
by minute action; adopt Ordinance No. 4297, "An Ordinance of the City of Huntington Beach deleting
Chapter 2.108 of the Huntington Beach Municipal Code and dissolving the Huntington Beach Youth
Board;" adopt Ordinance No. 4300, "An Ordinance of the City of Huntington Beach amending the
Huntington Beach Municipal Code by amending Chapter 2.106 thereof related to Fourth of July
Executive Board;" and, adopt Ordinance No. 4301, "An Ordinance of the City of Huntington Beach
amending the Huntington Beach Municipal Code by amending Chapter 13.54 thereof related to Specific
Events."
The motion carried by the following roll call vote for Ordinance Nos. 4296, 4295, 4298, 4299:
AYES: Van Der Mark, Strickland, McKeon, and Burns
NOES: Kalmick, Moser, and Bolton
The motion carried by the following roll call vote for Ordinance Nos. 4297, 4300, 4301:
AYES: Kalmick, Van Der Mark, Strickland, McKeon, and Burns
NOES: Moser, and Bolton
COMMUNITY DEVELOPMENT
8. 23-581 Denied Resolution No. 2023-39 authorizing the acceptance of $325,000 in grant
funds from the California Department of Cannabis Control (DCC) to assist in the
development of a cannabis retail access program.
Councilmember Burns pulled this item to ensure that each recommended action is voted on separately.
Councilmember Kalmick noted this planning grant doesn't require a commitment of any kind, and there is
support for legalization and taxation of retail and non-retail cannabis within Huntington Beach. He stated
appreciation for staff efforts to quickly process the paperwork for this grant and believes these funds will
help determine the best policy for moving forward.
There was discussion on the history of voter decisions to this point. Councilmember Kalmick noted that
retail cannabis tax could potentially help shore up projected deficits, and this grant will provide resources
to allow voters to approve or not the program Council develops.
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October 3, 2023
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Councilmember McKeon stated his opposition to accepting these funds because he believes the process
to get to this point was disingenuous by asking voters a hypothetical question.
Mayor Pro Tem Van Der Mark stated she would like the community to first determine if they want
cannabis sales before moving forward and accepting any taxpayer funds.
A motion was made by Kalmick, second Burns to adopt Resolution No. 2023-39, "A Resolution of the
City Council of the City of Huntington Beach Authorizing the Acceptance of Funds from the Department
of Cannabis Control (DCC) from the Cannabis Local Jurisdiction Retail Access Grant" and appropriate
the $325,000 grant award."
The motion failed by the following roll call vote:
AYES: Kalmick, Moser, and Bolton
NOES: Van Der Mark, Strickland, McKeon, and Burns
A motion was made by Strickland, second Van Der Mark to formally dissolve the City Council Cannabis
Ad-Hoc Committee.
The motion carried by the following roll call vote:
AYES: Van Der Mark, Strickland, McKeon, and Burns
NOES: Kalmick, Moser, and Bolton
PUBLIC WORKS
9. 23-749 Approved Fifth Amendment to the West Orange County Water Board Joint Powers
Agreement allowing member agencies to designate up to two alternate members to
the Board of Directors.
A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City
Clerk to execute the Fifth Amendment to the WOCWB Joint Powers Agreement.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
10. 23-770 Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with A2Z Construct Inc. in the amount of $117,600.00 for the
Central Library Lower Level Restroom ADA Improvements, CC-1658
A motion was made by Strickland, second Van Der Mark to accept the lowest responsive and
responsible bid submitted by A2Z Construct Inc. in the amount of $117,600; and authorize the Director of
Public Works to execute change orders not to exceed 20% of the contract costs, or $23,520. Authorize
the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
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October 3, 2023
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11. 23-784 Approved and authorized execution of Professional Service Contract with Iteris,
Inc. in the amount of $646,136.00 for the Valley View Street/ Bolsa Chica Street
RTSSP Project, CC-1622
A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City
Clerk to execute a Professional Service Contract between the City of Huntington Beach and Iteris, Inc.
for the Valley View Street/ Bolsa Chica Street RTSSP Project, CC-1622, in an amount not to exceed
$646,136.
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
POLICE
12. 23-824 Adopted Emergency Ordinance No. 4304 amending Huntington Beach Municipal
Code (HBMC) Chapter 10.84 relating to bicycle regulations
*5 Affirmative Votes are required to adopt Emergency Ordinance No. 4304 per City
Charter Section 501
City Attorney Michael Gates stated this item was pulled because it should not be part of the Consent
Calendar and noted that as an emergency ordinance, five (5) affirmative votes are required for adoption.
He confirmed the ordinance was not changed, but findings were added to support the change to
emergency status and if approved, the ordinance becomes effective immediately.
Councilmembers Kalmick and Bolton expressed appreciation for staff efforts to bring this back as an
emergency ordinance and Councilmember Bolton briefly reviewed the findings.
A motion was made by Kalmick, second Strickland to after City Clerk reads by title, adopt Emergency
Ordinance No. 4304, "An Emergency Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations."
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
PUBLIC HEARING
13. 23-787 Public Hearing Held — Adopted Resolution No. 2023-38 approving an Annual
Assessment within the Huntington Beach Downtown Business Improvement
District (District) for Fiscal Year (FY) 2023-2024
Councilmember Kalmick announced that out of an abundance of caution, because one of his clients
submitted a protest letter, he recused himself from this discussion and left the room.
Kriss Casanova, Economic Development Manager, presented a PowerPoint communication titled Public
Hearing to consider adoption of Resolution No. 2023-38 approving an Annual Assessment within the
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October 3, 2023
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Huntington Beach Downtown Business Improvement District for Fiscal Year 2023-2024 with slides
entitled: Background; The District; HB Downtown; FY 23-24 Annual Report; FY 22-23 Highlights; FY 23-
24 Activities; Budget (Income); Budget (Expenses); Assessment Breakdown; Public Hearing;
Recommendation; and Questions?
Councilmember McKeon and staff discussed some details regarding the budget change for the Surf City
Artisan Fair of –$42,000. Councilmember McKeon asked how many vendors participate and noted the
previous operator had contracts with 57 vendors, with a wait list.
Ms. Jaime Strong, Huntington Beach Downtown Business Improvement District Executive Director,
stated there is currently a maximum of 45 vendors, and time of year influences the number of vendors.
Over the summer there was an average of 35 to 40 vendors. She stated she would review maps
possibly showing changes in available space and noted this year's holiday season will provide more
space where the ice rink was placed in the past.
Councilmember McKeon encouraged efforts to maintain vendor capacity, and noted this is one way to
increase revenues.
Mayor Strickland opened the Public Hearing for approval of the Downtown Business Improvement
District Annual Assessment for Fiscal Year (FY) 2023–2024.
City Clerk Robin Estanislau announced that if written protests are received from the owners of
businesses in the District which will pay 50 percent or more of the assessments proposed to be levied,
no further proceedings to renew the District or to levy the proposed assessment shall be taken for a
period of one year from this date. If the majority protest is only against a specified type or types of
improvement or activity within the area, those types of improvements or activities shall be eliminated.
City Clerk Estanislau announced there were no speakers.
Mayor Strickland closed the Public Hearing.
City Clerk Estanislau announced that if the protests total less than fifty percent (50%) of the total
assessment amount, the City Council can approve the renewal of the District. If more than fifty percent
(50%) of the total assessment is protested, the City Council cannot approve the renewal of the District or
consider it further for one year.
City Clerk Estanislau reported that the percentage of assessments protested for the Downtown BID is
9.1%, or $9,594 of the $115,245 projected assessment amount. Protests were received from twenty-one
(21) businesses, with one duplicate, of the 257 businesses in the Business Improvement District.
However, four (4) protests totaling $2,808 could not be validated as being signed by the owner or
designated agent of the entity. If included, that would increase the total percentage of protests to 12.1%.
A motion was made by Strickland, second Burns to conduct the Public Hearing; and, if written protests of
at least 50% or more of the total assessments are not received, adopt Resolution No. 2023-38, "A
Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment within
the Huntington Beach Downtown Business Improvement District for Fiscal Year 2023-2024."
The motion carried by the following roll call vote:
AYES: Moser, Van Der Mark, Strickland, Bolton, and Burns
NOES: McKeon
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October 3, 2023
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RECUSE/OUT OF
ROOM: Kalmick
ADMINISTRATIVE ITEMS
14. 23-786 Adopted Resolution No. 2023-46 adopting the 2023-2027 Strategic Plan
Al Zelinka, City Manager, Travis Hopkins, Assistant City Manager, and Carol Jacobs, Managing Director
with Baker Tilly, LLP, City Consultant, presented a PowerPoint communication titled Resolution No.
2023-46: Consider Adoption of the FY 2023-2027 Strategic Plan with slides entitled: Strategic Planning
Process (2023); Why Strategic Planning?; Big Rock Theory; How Management Allocates Time; Strategic
Planning Workshop; Strategic Plan Framework & Goals (2); 8 Overarching Goals; Economic
Development; Fiscal Stability; High Performing Organization (3); Homelessness; Housing; Infrastructure
Investment (2); Public Engagement (2); Public Safety; Implementation Action Plan; Transparency and
Accountability; and Recommendation.
Councilmember Bolton asked that objective and concrete metrics be used to determine the success
indicators, using as an example "High Performing Organization" to determine if the workforce is
engaged, and asked if that will be based on Customer Service surveys and/or employee surveys. City
Manager Zelinka replied that as staff proceeds through the implementation action plan it will include
developing the Key Performance Indicators (KPIs) and other appropriate measures to determine how the
workforce is doing in an objective manner.
Councilmember Moser noted her personal interest in successfully addressing housing needs with the
objective of providing proactive programs to address diverse housing needs in the City's jurisdiction.
She stated the listed strategy of "take action to maintain local control of land-use planning" isn't going to
properly address this issue. She shared her concern that a Housing Element is not stated anywhere in
the Strategic Plan, and suggested that be added to Goal 5 — Housing, and added that having a certified
Housing Element would be an indicator of success.
Mayor Strickland confirmed with City Manager Zelinka that the Strategic Plan contains the items that
received a Council majority straw vote.
Mayor Strickland expressed thanks and appreciation to everyone involved in the Strategic Plan process.
A motion was made by Burns, second Strickland to adopt Resolution No. 2023-46, "A Resolution of the
City Council of the City of Huntington Beach Adopting the 2023-2027 Strategic Plan".
The motion carried by the following roll call vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns
NOES: None
15. 23-756 Adopted Resolution No. 2023-48 declaring the City of Huntington Beach a "No Mask
and No Vaccine Mandate City’"
City Manager Zelinka provided a history and summary of this resolution.
Mayor Pro Tem Van Der Mark shared the importance of standing up for the rights of individuals and
businesses, and noted this is a pre-emptive effort to ensure such draconian measures are not repeated
in Huntington Beach. She stated that the Huntington Beach Police and Fire Chiefs are capable of
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October 3, 2023
Page 12 of 13
determining whether or not masks may be required for officers, and it is her belief that whether or not to
be vaccinated is a personal decision which should not be mandated by someone else.
Councilmember Kalmick shared his opinion this resolution is virtue signaling, tilting at shadows and puts
Huntington Beach in a precarious position regarding public health. Further, he stated he believes that
eventually this action will go into the archives as failed public policy.
Councilmember Bolton shared her opinion that some of the assertions made to support this resolution
are incorrect. She noted that no specific data or analysis has been provided to support the statement:
"... a retrospective analysis has shown that government responses to COVID-19 were not convincingly or
compellingly supported by medical or scientific evidence ...". Councilmember Bolton stated she cannot
support a document filled with inaccuracies and internal inconsistencies.
Mayor Strickland responded there were mandates from federal, state and county governments, and it is
his belief that government officials should consider the macro impact to the economy. He noted closing
down businesses caused many local business owners to lose life savings and also created state-wide
deficits. He further noted that the state made cuts in healthcare funding to cover the deficits because
public safety and education are protected. Mayor Strickland thanked Mayor Pro Tem Van Der Mark for
making the statement that Huntington Beach will stand against the mistakes of the past.
Councilmember Moser shared her opinion this is purely political theatre, and bringing this down to the
micro level reveals the lives lost to COVID-19. She also noted the City and this Council do not regulate
health policy for any hospital, school, or business.
Mayor Pro Tem Van Der Mark agreed that many people died from COVID-19, and noted that also many
more died from suicide because of depression from not being allowed to earn a living, or be with family
members, or because they lost their business when forced to close it. She noted that Hawaii actually
had more people die from suicide than from COVID-19.
A motion was made by Van Der Mark, second Strickland to 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"
The motion carried by the following roll call vote:
AYES: Van Der Mark, Strickland, McKeon, and Burns
NOES: Kalmick, Moser, and Bolton
ADJOURNMENT — at 8:59 PM a motion to adjourn was made by Burns, second by Van Der Mark, to a
special meeting of the Huntington Beach City Council/Public Financing Authority on Thursday, October 5,
2023, at 6:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California.
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Tuesday, October 17, 2023, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach,
California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov