Huntington Beach City Council Special Meeting on Charter Amendments – October 5, 2023
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Huntington Beach City Council Special Meeting on Charter Amendments – October 5, 2023
The Huntington Beach City Council held a special meeting on October 5, 2023 to discuss and vote on proposed Charter amendments for the March 5, 2024 Statewide Primary Election. After extensive public comments, the council voted 4-3 along majority/minority lines to place a voter ID measure and a flag ordinance on the ballot as standalone items, and to bundle a set of administrative amendments (Measure L) with a biennial budget change as a third measure. A nepotism/cronyism amendment failed, and Measure C (parkland protection) was tabled for further community input. The meeting was marked by strong public opposition—approximately 95% of comments opposed the charter amendments.
Public Comments & Testimony
- Over 33 speakers addressed the council, with the vast majority opposing the proposed charter amendments. Key concerns included:
- Voter ID: Many speakers argued there is no evidence of voter fraud in Orange County, that the measure would suppress turnout among low-income, elderly, and minority voters, and that it conflicts with state law (citing letters from the ACLU, Disability Rights California, the Attorney General, and the Secretary of State). Several speakers noted the high cost (estimated $500,000–$5 million) and the city’s budget deficit.
- Flag amendment: Speakers called it a thinly veiled ban on the LGBTQ+ pride flag, requiring an unprecedented unanimous council vote, and argued it would enshrine exclusion into the charter.
- Process: Multiple residents criticized the rushed timeline, lack of a citizen charter review committee, and the council majority’s failure to listen to public input. Former mayor Shirley Detloff and others urged the council to follow proper procedures.
- Nepotism amendment: A few speakers supported it, but others felt it was already covered by existing rules.
- Measure C: Speakers urged caution and more community deliberation before altering the voter-approved parkland protection measure.
- Supporters (approximately 5% of comments) argued voter ID increases election integrity, flags should be limited to official city/national/military flags, and that the amendments would strengthen local control.
Discussion Items
1. Voter ID Amendment (Charter Section 705)
- Councilmember Kalmick made a substitute motion to table all amendments until 2024 and seek community input on Measure C first. This motion failed 3-4 (Kalmick, Mosier, Bolton ayes; Vandermark, Strickland, McKeon, Burns noes).
- The council then debated the voter ID measure. Councilmember Mosier presented research showing 29 million U.S. citizens lack a driver’s license, with disproportionate impacts on young, low-income, and minority voters. She argued the measure would lead to voter suppression and costly litigation.
- Mayor Pro Tem Van der Mark countered that requiring ID is not racist, pointing to her own low-income Hispanic background. She played a video of people of color stating they have no problem with voter ID.
- Councilmember McKeon noted that the language had been changed from "shall" to "may" to allow flexibility and reduce cost.
- Councilmember Kalmick questioned the legality based on the ACLU letter, and raised technical issues with the “ADA compliant” language.
- Vote on the voter ID amendment: Passed 4-3 (Vandermark, Strickland, McKeon, Burns ayes; Kalmick, Mosier, Bolton noes).
2. Flag Amendment
- Councilmember Bolton opposed enshrining a flag policy in the charter, arguing it is an exclusionary measure and that the current ordinance can be amended by a simple council vote.
- Councilmember McKeon defended the process, stating the public has had maximum engagement, and the amendment limits flags flown by the city itself, not private entities.
- Vote on the flag amendment: Passed 4-3 (Vandermark, Strickland, McKeon, Burns ayes; Kalmick, Mosier, Bolton noes).
3. Nepotism/Cronyism Amendment (Councilmember Bolton’s Item)
- Councilmember Bolton explained the intent to prohibit cronyism for all elected officials, not just council members. She noted Oakland has a similar ban.
- Councilmember Kalmick felt the existing administrative regulations already cover this.
- Vote: Failed 2-3-2 (Kalmick, Mosier ayes; Vandermark, McKeon, Burns noes; Strickland abstained, Bolton abstained).
4. Measure L (Administrative Amendments) and Biennial Budget
- Councilmember Kalmick moved to bundle revisions to charter sections 303, 304, 311, 312, 400, 601, 604, 801, 804 (cancellation of meetings, council vacancies, etc.) with the biennial budget change into one measure. The motion also included an amendment to require four affirmative votes for council vacancies.
- Councilmember Bolton abstained, noting concerns with the rushed process.
- Vote on bundling (Measure L + budget): Passed 6-1 (Kalmick, Mosier, Vandermark, Strickland, McKeon, Burns ayes; Bolton noe).
5. Measure C (Parkland Protection)
- Councilmember McKeon proposed tabling Measure C for further study, with community input through study sessions and meetings with the original framers. He favored a multi-pronged approach involving the Community Services Commission.
- The council agreed to table Measure C without objection, directing staff to develop a plan for public engagement.
Key Outcomes
- Voter ID amendment (standalone): Approved 4-3 to place on the March 5, 2024 ballot.
- Flag amendment (standalone): Approved 4-3 to place on the March 5, 2024 ballot.
- Measure L (administrative amendments) bundled with biennial budget: Approved 6-1 to place on the March 5, 2024 ballot as a single measure.
- Nepotism/cronyism amendment: Failed 2-3-2.
- Measure C: Tabled indefinitely for further community input and study session(s).
- Direction to staff: The council voted 4-3 to direct the City Attorney and staff to prepare ballot measure language and all materials for the October 17, 2023 meeting, where formal instructions for the special election will be finalized.
- Fiscal note: The cost of placing items on the March primary ballot was estimated at $400,000; future election administration costs were not fully determined but could reach millions.
Meeting Transcript
I'd like to call the special meeting of the City Council Public Finance Authority to order. Madam Clerk, call the roll. Councilmember Kalmick. Here. Councilmember Mozier. Here. Mayor Pro Tem Vandermark. Here. Mayor Strickland. Here. Councilmember McKeon. Here. Councilmember Bolton. Here. Councilmember Burns. Here. All present. Thank you. Please stand for our Pledge of Allegiance, led today by Councilman Casey McKinnon. Please stand if able. Ready? Begin. Allegiance to the flag of the United States of America. Please remain standing for our invocation. Our invocation be led today by Huntington Beach Police and Fire Chaplain James Pike. Let us pray. Almighty God, you are the author of covenants and laws that allow for the flourishing of your people in the land that you gave them. We pray for these deliberations tonight as we consider our charter and our laws that the same spirit might be upon us for the sake of flourishing, abundance and prosperity of our people in Huntington Beach. Look kindly on us with your providence, and we ask this in your name. Amen. All right, members going down the agenda. City clerk, do we have any supplemental communication? Yes, Mayor, for administrative item number two. We received 76 emails regarding potential charter amendments. We've actually received more, but they'll all be uploaded into the record. And that many were uploaded earlier today onto the website. And we also received a letter from Julia Gomez, senior staff attorney for the Civic Civil Liberties Union Foundation, and Paul Spencer, Senior Attorney for Disability Rights California regarding the potential charter amendments. And that was received this afternoon. Okay. City Clerk, do we have anyone sign up to speak? Yes, I think we're at 33, so I'm gonna go ahead and call the first 10 to come forward. Please come and come on down and approach both podiums. Shirley Detloff, Shammy D, Luann Shoop, Terry Rose, Buzz McCord, Paul Horgan, Mary Ann Sellander, Cindy, Laura Sire, Diane Bentley. At this time, the City Council will receive comments from members of the public regarding discussion of potential charter amendments for the March 5th, 2024 statewide primary election. Individuals wishing to provide a comment may do so in person by filling out a request to speak form, delivered to the city clerk. All speakers are encouraged but not required to identify identify themselves by name. Each speaker may have up to 90 seconds unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with the council member on an item not on the agenda may consider scheduling an appointment by contacting the City Council's administrative assistant at 714-536-5553 or emailing the entire city council at city.council at SurfCity.org. And our acting chief assistant city attorney Paul De Alessandro is attending in his place.
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