Huntington Beach City Council Special Meeting: Charter Amendment Ballot Measure for November 2024 Election - July 8, 2024
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Huntington Beach City Council Special Meeting: Charter Amendment Ballot Measure for November 2024 Election - July 8, 2024
The Huntington Beach City Council held a special meeting on July 8, 2024, at 4:00 PM to consider placing a charter amendment on the November 5, 2024, general election ballot. The amendment would require voter approval for city-initiated general plan amendments or zoning changes that, after environmental review (EIR), are found to have significant and unavoidable negative impacts on the environment. The council also considered and adopted three related resolutions (2024-38, 2024-39, 2024-40). After public comment and discussion, the item was approved by a vote of 4-0-3, with three councilmembers absent.
Public Comments & Testimony
- Perry Clitheroe opposed the charter amendment, arguing it would burden voters with complex environmental decisions, risk permanent harm to development, politicize planning, and exacerbate the housing shortage. He also criticized the rushed scheduling during a holiday weekend.
- Tim Geddes opposed the amendment, calling the meeting a "show trial" and accusing the council majority of weaponizing the charter for partisan purposes. He referenced prior measures A and B as similar mistakes.
- Amory Hanson strongly supported the amendment, stating it would protect the environment and preserve local control, predicting it would receive historic voter approval.
- Russ Neal expressed concerns about the risks of opposing state housing mandates but argued that requiring voter approval makes clear that the fight is with Sacramento, not just the council.
- Pat Goodman asked for a delay, noting the lack of fiscal analysis and study session. He clarified that the amendment would not apply to privately initiated projects like the local coastal plan amendment. He also requested correction of the statement about 41,000 units, explaining the RHNA goal is 13,368 units.
- Adam Wood (Building Industry Association) opposed the amendment, questioning the rushed process and arguing it would not stop state housing mandates. He warned it would make adopting a compliant housing element harder and trigger builder's remedy, leading to unplanned development.
- Ann Palmer supported the amendment, arguing that California housing is unaffordable despite increased supply, and that fighting state mandates is necessary to preserve the city's quality of life.
Discussion Items
- Staff Presentation: Staff introduced the proposed charter amendment language and ballot question. The amendment states that planning and zoning are local municipal affairs and requires voter approval for city-initiated general plan or zoning changes where an EIR finds significant and unavoidable environmental impacts. Staff presented three resolutions: ordering the submission to voters (2024-38), setting priorities for written arguments and impartial analysis (2024-39), and allowing rebuttal arguments (2024-40).
- Councilmember Casey McKeon elaborated on the amendment's genesis: the council was forced to sign statements of overriding considerations for state-mandated housing (13,368 units, requiring up to 41,000 units to meet affordability inclusion). He argued that environmental impacts should not be decided by four council members. He clarified three thresholds: (1) city-initiated general plan or zoning change (not private projects), (2) an EIR is required, and (3) the EIR finds significant and unavoidable impacts. Only then would voter approval be needed. The amendment does not affect private property owners, existing zoning, or specific plans.
- Motion and Vote: Councilmember McKeon moved to adopt the item, seconded by Mayor Pro Tem Pat Burns. The council voted 4-0-3 (Mayor Gracey Van Der Mark, Councilmember Tony Strickland, Councilmember Casey McKeon, and Mayor Pro Tem Burns in favor; Councilmembers Dan Kalmick, Rhonda Bolton, and Natalie Moser absent). The item was approved.
Key Outcomes
- Approved Charter Amendment Ballot Measure: The council approved placing a charter amendment on the November 5, 2024, general election ballot. The measure would amend the Huntington Beach City Charter to declare planning and zoning a local municipal affair and require voter approval for city-initiated general plan or zoning changes that an EIR finds have significant and unavoidable environmental impacts.
- Adopted Resolution No. 2024-38: Ordering the submission of the charter amendment measure to qualified electors at the November 5, 2024, general election.
- Adopted Resolution No. 2024-39: Setting priorities for filing written arguments regarding the measure and directing the City Attorney to prepare an impartial analysis. The council authorized Mayor Van Der Mark, Mayor Pro Tem Burns, and Councilmember McKeon to author supporting arguments.
- Adopted Resolution No. 2024-40: Providing for the filing of rebuttal arguments for the city measure.
- Next Meeting: The next regularly scheduled City Council/Public Financing Authority meeting is Tuesday, July 16, 2024.
Meeting Transcript
Good tall posture, neutral spine, and let's go ahead. I'd like to call the special meeting of the city council public financing authority to order. City clerk, may I have the roll call, please? Yes. Councilmember Mosier, she's absent. Councilmember Bolton is apt to absent. Mayor Pro Tem Burns? Here. Mayor Vandermark? Councilmember Strickland? Here. Councilmember McKeon? Here. Councilmember Calmick is absent. Thank you. Our Huntington Beach Fire Department Deputy Chief McCoy will lead us on the pledge. Please rise if you're able. Ready? Begin. And to the Republic for which it stands. One nation undervisible law with liberty and justice for all. Thank you. Announcement of supplemental communications. Do we have any supplemental communications? Yes, we do. Mayor. We received 13 email communications regarding consideration of one charter amendment ballot measure for voter approval for the November 5th general municipal election and the adoption of resolution numbers 2024, 38, 39, and 40. A letter from Adam Wood, Senior Vice President, Building Industry of Southern California, Orange County chapter, regarding the consideration of the ballot measure as identified previously. And also a statement from Council Members Calmick Bolton Mosure regarding tonight's special council meeting. And they've asked that I read the statement aloud during supplemental communications. So I'm going to go ahead and proceed. Statement regarding Monday's special council meeting charter amendment. No charter amendments. That was the election promise of this majority council. Yet in the 18 months since their election, they proposed more than a dozen, put three on the ballot at the cost of 395,000 just four months ago, and now they're at it again. Similar to their attempt last fall to slip charter amendments onto the ballot with minimum public notice. The council majority has proposed this new charter amendment with with less than a week's public notice, only one business day for staff to draft it, and the last minute special meeting called with one business day's notice during a holiday weekend to ratify the proposed amendment for the November ballot. This process is broken. Amendments to the city charter, essentially our city's constitution should be made thoughtfully and with robust public input. The rest rushed nature of this council majorities process is reflected in the proposed charter amendment itself. It's poorly drafted and likely unenforceable, suggesting its true aim is to evade state housing laws. This is a desperate attempt to avoid compliance, despite the city losing its second legal challenge to state housing mandates. Adopting a charter amendment that would likely prevent the city from ever passing a housing element is likely to face court rebuke. Some may argue that voters can reject this charter amendment, but this amendment is disguised as an environmental protection measure with ambiguous language that sounds good. Huntington Beach residents' skepticism of new housing makes it likely the amendment will pass. However, the council majority's ploy will not maintain local control or fight the state. Builders remedy perennials developers that can build whatever they want by passing our locally controlled zoning on perennial and $600,000 monthly fines for non-compliance with state housing law could mean this amendment's ultimate legacy is the city's fiscal insolvency. If these consequences, quote, builders' remedy and fines, unquote, become unbearable, the city may waste a million dollars on a special election as early as next year to convince a highly skeptical electorate to zone for more housing. A complicated and detailed task historically and traditionally handled by the city council. No other city council in the state has proposed a ballot measure like this with good reason.
openpublica.com