Huntington Beach City Council Special Meeting on Charter Amendments – September 28, 2023

The Huntington Beach City Council held a special meeting on September 28, 2023, at 6:00 PM in Council Chambers to discuss and conduct straw votes on potential charter amendments for the March 5, 2024 Statewide Primary Election ballot. The meeting featured extensive public testimony (37 speakers in the first round) and prolonged council deliberation on over a dozen proposed amendments, including voter ID, city attorney authority, city clerk qualifications, flag display, and nepotism. The council received a letter from California Attorney General Rob Bonta and Secretary of State Shirley Weber warning that the voter ID and ballot drop box monitoring proposals likely violate state law. City Attorney Michael Gates argued the letter was "specious" and cited case law (City of Redondo Beach v. State) supporting charter city authority over municipal elections. Several amendments advanced on straw votes, while others were defeated or deferred to the next meeting on October 5, 2023.

Public Comments & Testimony

• First Round (37 speakers): Speakers were split, with many opposing the proposed voter ID and election changes, citing costs, lack of evidence of fraud, and concerns about disenfranchisement. Supporters argued voter ID restores integrity and that the silent majority backs the council's efforts. Specific topics included flag display, library policies, and the city attorney's role. One speaker accused council members of ignoring public input, while another thanked the majority for their transparency.
• Second Round (after administrative items): Additional speakers criticized the rush to place amendments on a primary ballot, urged unbundling measures, and called for a written legal opinion from the city attorney. A speaker highlighted Redondo Beach's costs for running its own local elections (estimated $5 million startup, plus translation and recount expenses). One resident quoted a 2022 email from the Orange County GOP chair stating Orange County elections are "simple, safe, and secure."

Discussion Items

Voter ID and Election Administration (Section 705)

• Council debated amending the charter to require voter ID and 20 polling locations (initially including residential sites). Councilmember McKeon proposed changing "shall" to "may" to allow flexibility for a pilot program starting in 2026. Mayor Strickland agreed to specify 2026 and to require all 20 polling locations be ADA-compliant (removing "residential"). City Attorney Gates defended the legality under charter city authority, citing the Redondo Beach case. Councilmembers Kalmick, Moser, and Bolton opposed, citing costs, lack of evidence of fraud, and potential litigation. Straw vote passed 4-3 (Strickland, Van Der Mark, McKeon, Burns yes; Kalmick, Moser, Bolton no).

City Attorney Authority and Budget (Sections 309, 315)

• The ad hoc committee proposed giving the elected city attorney control over the legal department's budget and work product, with a 3% annual budget reduction guardrail and extending similar protections to the city clerk and treasurer. Supporters argued it prevents future councils from defunding elected offices (citing past budget cuts to the treasurer's office). Opponents (Kalmick, Moser, McKeon, Bolton) said it ties the council's hands during budget crises and conflates elected officials with other employees. City Attorney Gates noted the combined budgets of the three offices are less than $6 million of a $350 million total budget. Straw vote failed 3-4 (Van Der Mark, Strickland, Burns yes; Kalmick, Moser, McKeon, Bolton no).

City Clerk Qualifications (Section 302)

• Mayor Pro Tem Van Der Mark proposed striking "in business, public administration or a related field" from the required bachelor's degree, arguing the current clerk lacks such a specific degree but performs well. Councilmember McKeon said the item had become "tainted" by controversy. Straw vote failed 3-4 (Van Der Mark, Strickland, Burns yes; Kalmick, Moser, McKeon, Bolton no).

Flag Display on City Properties (Section 806)

• Councilmember Burns proposed enshrining in the charter that city properties may fly only the official government flags (U.S., California, City, and POW/MIA). He said it prevents "identity politics" and makes the policy more permanent. Opponents argued it bans displays like Pride flags at libraries and is unnecessary since an ordinance already exists. Straw vote passed 4-3 (Kalmick, Van Der Mark, Strickland, McKeon, Burns yes; Moser, Bolton no).

Biennial Budget (Sections 401, 601-605)

• A proposal to move from annual to two-year budgeting, supported by the CFO, was introduced to improve planning. Straw vote passed unanimously 7-0 to continue discussion.

Measure C (Coastal Protection)

• Council deferred action to October 5, with Councilmember McKeon requesting more time to develop clean language. Councilmember Bolton suggested a public charter review committee rather than rushing amendments. Unanimous 7-0 to continue.

Council Meeting Cancellations (Section 303)

• A clean-up measure allowing the mayor or majority of council to cancel a meeting for lack of quorum was advanced, with Councilmember Kalmick seeking additional language to prevent abuse. Straw vote passed 7-0 to bring back refined language on October 5.

Library Non-Interference

• Councilmember Bolton proposed adding language prohibiting the council from ordering librarians to make books unavailable. After debate over whether staff policy updates were premature, straw vote failed 3-4 (Kalmick, Moser, Bolton yes; Van Der Mark, Strickland, McKeon, Burns no).

Nepotism (Section 313)

• Councilmember Bolton proposed closing a loophole to prevent appointment of a council member's spouse to an elected department head position (not applicable to elective vacancies). Councilmember Burns objected, saying it could disqualify qualified candidates like the city attorney's wife (Kelly Gates). City Attorney Gates clarified his wife was asked to run for city clerk but no appointment was discussed. Continue to October 5 passed 4-2-1 (Kalmick, Moser, Strickland, Bolton yes; Van Der Mark, Burns no; Strickland abstained).

Council Staff and Salaries (Sections 302, 307)

• Councilmember Kalmick proposed allowing the council to budget for personal staff and to raise council salaries to attract a more diverse pool of candidates. Opponents said it promotes self-service and is philosophically opposed. Both items failed on straw votes: council staff (3-4), council salaries (3-4).

Appointed vs. Elected Charter Officers

• Councilmember Kalmick proposed asking voters whether the city attorney, clerk, and treasurer should be appointed rather than elected. Opponents said voters want elected officials. Straw vote failed 3-4.

City Attorney Political Participation

• Councilmember Kalmick proposed prohibiting the elected city attorney from endorsing other city candidates, citing conflicts of interest. City Attorney Gates argued it violates First Amendment free speech. Straw vote failed 3-4.

Council Vacancies (Section 312)

• A proposal to require that council appointees serve only until the next regularly scheduled election (saving costs of a special election) was introduced. Straw vote passed unanimously 7-0.

Key Outcomes

• Voter ID/Elections proposal advanced (4-3), with amendments to use "may," specify ADA locations, and begin in 2026.
• Flag display amendment advanced (4-3).
• Biennial budget and council vacancies advanced unanimously.
• City attorney budget, clerk qualifications, library non-interference, council staff, council salaries, appointed officers, and city attorney endorsements all failed or were deferred.
• Nepotism and meeting cancellations continued to October 5, 2023, for language refinement.
• Measure C continued to October 5, with Councilmember Bolton advocating for a public charter review committee.
• A request to seek an Attorney General opinion on the legality of placing employee-related charter amendments on a primary ballot failed 3-4.
• The meeting adjourned at approximately 11:30 PM. The next regular council meeting is scheduled for October 3, 2023.