Huntington Beach City Council Meeting – September 5, 2023

The Huntington Beach City Council met on September 5, 2023, starting at 3:30 PM with a closed session, reconvening for open session at 6:00 PM. The meeting lasted until approximately 3:00 AM the following day and featured a large public turnout (116 speakers initially signed up, with many speaking throughout the night). The council addressed numerous controversial items, including proposed charter amendments, dissolution of citizen commissions, a revised human dignity policy, a censure motion against a councilmember, and a resolution banning mask and vaccine mandates. Several votes split 4-3 along majority and minority lines, reflecting deep ideological divisions.

Consent Calendar

• Items 14, 21, 23, 24, 26, 27, 28 were approved unanimously (7-0) without discussion.
• Item 13 (minutes) was postponed for revision after Councilmember Burns noted an inaccuracy.
• Item 15 (professional services contracts for state and federal lobbying) was pulled and debated. Despite staff recommending a higher-scoring firm, the council voted 4-3 to approve contracts with Kahn, Soares, & Conway LLP (state) and Stapleton & Associates (federal), based on Mayor Strickland’s experience and relationships. Councilmember Kalmick expressed concerns about selecting the lowest-rated firms and potential conflict of interest.
• Item 16 (library materials and safeguards) was pulled. A substitute motion to abandon the effort failed 3-4, then the original motion passed 4-1-2 (one abstention).
• Item 18 (Downtown Business Improvement District budget) passed 7-0 after brief questions.
• Item 19 (responses to Orange County Grand Jury reports) passed 7-0 as amended.
• Item 20 (MOU with Friends of Shipley Nature Center) passed 6-0-1 (Councilmember Kalmick recused).
• Item 22 (appropriation of $3.83M for attorney fees in two lawsuits) passed 7-0. City Attorney Gates clarified that fees stemmed from “catalyst theory” awards, not losses on the merits.
• Item 25 (subdivision agreement for 18750 Delaware residential project) passed 5-1-1 (Mayor Strickland recused, Councilmember Burns opposed).

Public Comments & Testimony

• Over 100 speakers addressed the council, with the vast majority opposing items 30-35 (charter amendments, dissolution of commissions, human dignity policy, censure, mask/vaccine mandate). Many speakers expressed concerns about divisiveness, erosion of civil rights, and the cost of a special election.
• Representatives from the City Clerks Association of California read a letter supporting the city clerk’s office and opposing reduction of qualifications.
• A district representative from Senator Dave Min’s office urged rejection of items 30-35.
• Several residents, including students, spoke in support of the censure and mask/vaccine mandate ban, citing personal freedom and opposition to alleged Holocaust denial and antisemitism by Mayor Pro Tem Vandermark.
• Speakers on both sides referenced the August 1, 2023 council meeting exchange between Councilmembers Moser and Vandermark.
• The Anti-Defamation League (ADL) regional director opposed the revised human dignity policy, calling it harmful and discriminatory.

Discussion Items

• City Attorney’s Report (Item 12): City Attorney Michael Gates presented a 66-slide overview of the Moore v. City of Huntington Beach lawsuit. He detailed the history of the case, the 2020 council’s decision to settle for $2.5 million, and alleged improprieties in an independent investigation led by attorney Craig Steele. Gates argued that the investigation was biased, involved Brown Act violations, and invaded attorney-client privilege. Councilmember Kalmick responded, defending the investigation and noting an FPPC complaint related to conflict of interest. The presentation was split into three parts; part three is scheduled for a future meeting.
• Item 30 – Charter Amendments: Deputy City Manager Catherine Jun presented three ballot measures covering voter ID, flags, city attorney powers, clerk qualifications, budget cycles, and Measure C exemptions. After extensive debate (including over legality of placing measures on the primary ballot), Councilmember Kalmick made a substitute motion to form a charter review commission with four public meetings (Thursdays at 6 PM) to gather public input. That motion passed 4-3 (Strickland, Vandermark, McKeon, Burns in favor; Kalmick, Moser, Bolton opposed). The original motion to approve the three ballot measures was thereby replaced.
• Item 31 – Dissolution of Boards and Commissions: Staff presented 11 recommendations to dissolve or modify several boards, including the Human Relations Committee, Jet Noise Commission, Mobile Home Advisory Board, Environmental and Sustainability Board, Youth Board, and others. Councilmember Kalmick requested a roll call on individual items. The package passed 4-3 overall, with items B (rename Downtown and Beach Front Ad Hoc Committee), H (dissolve Youth Board but create youth civic leaders collaborative), I (modify Fourth of July Executive Board), and J (specific events committee) passing 5-2 (Kalmick, Moser, Bolton opposed on other items).
• Item 32 – Policy on Human Dignity: Councilmember Burns presented the revised policy, stating it protects “everyone” equally. Councilmembers Moser, Kalmick, and Bolton opposed, arguing it omits specific references to hate crimes, includes anti-transgender language, and erases marginalized communities. The motion passed 4-3 (Strickland, Vandermark, McKeon, Burns in favor; Kalmick, Moser, Bolton opposed).
• Item 33 – E-Bike Licensure and Use Regulations: Councilmember McKeon introduced a conceptual proposal to explore e-bike licensing and safety regulations. The council directed staff to return with a proposal in November, addressing licensure, rental requirements, and enforcement. Passed 7-0.
• Item 34 – Censure of Councilmember Moser: Councilmember Burns moved to censure Moser for alleged personal attacks and unprofessional conduct at the August 1, 2023 meeting. A video of Mayor Pro Tem Vandermark’s 2018 speech was played to rebut claims of Holocaust denial. The motion passed 4-3 (Strickland, Vandermark, McKeon, Burns in favor; Kalmick, Moser, Bolton absent/voted no).
• Item 35 – No Mask, No Vaccine Mandate City: Mayor Pro Tem Vandermark argued for banning broad mask and vaccine mandates in the city, citing individual liberty. Councilmember Kalmick gave a detailed rebuttal, citing scientific evidence and legal concerns. The motion passed 4-3 (Strickland, Vandermark, McKeon, Burns in favor; Kalmick, Moser, Bolton opposed).

Key Outcomes

• Charter amendments: Instead of placing three measures on the March 2024 primary ballot, the council voted 4-3 to hold a series of four public meetings (Thursdays at 6 PM starting September 14) to develop charter amendments with public input. The deadline for the March ballot is December 8, 2023.
• Lobbying contracts: Approved 4-3 with Kahn, Soares, & Conway (state) and Stapleton & Associates (federal).
• Library materials: Staff directed to return with policy options by October 17, 2023 (item 16).
• Disbanded boards/commissions: Human Relations Committee, Jet Noise Commission, Mobile Home Advisory Board, Environmental and Sustainability Board, and Youth Board were dissolved or restructured, effective with ordinance adoption.
• Human Dignity Policy: New policy adopted 4-3, replacing the 1996/2021 declaration. Opponents vowed to seek reversal.
• E-bike study: Staff to bring back a regulatory proposal by November 2023.
• Censure: Councilmember Moser was officially censured 4-3 for conduct at the August 1, 2023 meeting.
• Mask/Vaccine mandate ban: City Manager directed to draft a resolution declaring Huntington Beach a “no mask, no vaccine mandate” city, to return at the next meeting (September 19, 2023). The resolution would ban broad universal mandates but allow individual choice and business discretion.
• Litigation appropriations: $3.83 million transferred for attorney fees in Kennedy Commission and state housing cases.
• Minutes of August 1, 2023: Approval postponed for revision.

The meeting adjourned just before 3:00 AM.