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.