I'd like to call the meeting of the city council of public financing authority to order.

City Clerk may have the roll call, please.

Councilman Twine.

Here.

Councilman Kennedy.

Here.

Mayor Pro Tem McKeon.

Here.

Mayor Burns?

Here.

Councilwoman Vandermark.

Here.

Councilman Gruel.

Here.

Councilman Williams.

Here.

All present.

City Clerk, do we have any um supplemental communications?

There are no supplemental communications for the closed session.

All right.

Do we have any speakers signed up to speak?

We have no speakers signed up.

All right.

No labor, right?

Mayor, yeah.

Before we get going, we're gonna we're not going to discuss the two labor items.

Okay, and then um we're gonna go to closed session and conference with real property negotiation, property two one zero nine one, Pacific Coast Highway, Huntington Beach, California, nine two six four eight.

APN number zero two four-two eight one one-one six, agency negotiators, Travis Hopkins, City Manager, Ashley Wysaki, Director of Community and Library Services, Chris Cole, Community and Library Services Manager, William Krill, real estate project manager, negotiating parties not present under negotiation, price and terms of lease.

Second.

Okay, we got a first and a second one minute.

All right, Juan, come on, hubba hub.

We got a show to put on.

We're good to go.

All right.

Special meeting of the Housing Authority, Parking Authority, and Successor Agency.

Uh City Clerk, may have a roll call, please.

Councilman Twine?

Here.

Councilman Kennedy.

Here.

Mayor Pro Tem McKeon?

Here.

Mayor Burns?

Present.

Councilwoman Vandermark.

Here.

Councilman Gruhl.

Here.

Councilman Williams.

Here.

All present.

All right.

Tonight's invocation will be given by Huntington Beach Police Chaplain.

James Pike.

Let us pray.

Preserve us, O Lord, from our cynicism of each other, from the pointing of fingers, from the filling of mouths with malicious speech.

Make us we the people working toward a more perfect union together.

We offer you a summer for everything that was good.

We give you gratitude for the grief that we yet carry.

May you heal our wounds.

And we pray for those elected to lead our city that you might bless them with wisdom tonight, and that for those who have come to participate in our government, that you might offer a blessing for them as well.

And we ask all these things in your holy name.

Amen.

Please join me in the Pledge of Allegiance.

Ready?

Begin.

And to the Republic.

All right.

City Attorney, do we have anything to report from closed session?

Nothing that I mayor.

All right.

City Council members, would anybody like to make a comment?

Uh all right.

City clerk, do we have any supplemental communications?

Yes, Mayor.

We have three emails for consent calendar item number 14.

We have one email for administrative item number 17.

We have six emails for ordinance introductions number 18.

One email for council items number 20, and two emails received regarding the special election redistricting.

All right.

Do we have anyone signed up to speak?

Yes, Mayor.

We have 45 individuals signed up to speak.

Okay.

Do you want to let them make a public comment and then they have the public hearings that they can speak in?

We have two public hearings later, and at that point we will have time for for the people to make public comments at the public hearings.

Right now it's public comments.

Pretty much do your deal.

And uh, but you'll have a chance to speak later if you wish.

Okay.

So given that, let me read my uh proper decorum at the city council meetings is imperative in order for the public to remain informed about issues pertaining to the city business.

The public comments portion of the meeting is an opportunity for the public to be heard and address those issues in a public forum.

Disruptive behavior impeding or delaying our ability to conduct the council's business will not be tolerated.

California Penal Code Section 403 prohibits disrupting this meeting, and enforcement action will be taken for violations of this law.

At this time, the city council will receive comments from members of the public regarding any topic, including items on the open session agenda.

Individuals wishing to provide a comment on items may do so by person by filling out a request to speak form delivered to the city clerk.

All speakers are encouraged, but not required to identify themselves by name.

Please note that the Brown Act is 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 dot council at surf city-hb dot org.

The first ten?

Sure.

Oh, wait, let's do the first 15.

Three batches.

First 15 at the end.

And we will be giving one minute per speaker.

I'll say it again.

Let me respe let me reconsider.

One minute.

All right.

Mayor Mayor.

We've got Mr.

Amory Hanson, Harry McLaughlin, Patricia Pappas, Andrew Einhorn, Paul Murphy, Diane, Laszlo Locke, Pat Goodman, Eric Schein, Tome Sentillian, Thomas Leparn, Dominic McGee, Charles Jackson, Sam Geezey, Dom Ramsey.

Okay, I just so uh the people in the hallway, you guys got to keep it down over there, please.

Uh you do kind of echo out here quite strongly.

So please respect the speakers and uh let's go.

First speaker.

Good evening, Mayor and Council members.

I'm Paul Murphy, a hunting beach resident for over 40 years.

I I'm here to express my strong support for the airshore.

Growing up, it was thought I would follow my grandmother's footsteps as an artist, even studied art at a university, but I was inspired to pursue an aeronautical engineering instead.

This decision led me to McDonnell Douglas in 1984, where I was mentored by senior leaders and shared lunches with the chairman of the board.

Over the years, I've managed machine shops, oversaw the assembly of the DC 10, the KC 10, the MD-80, led the development of the MD 11 and the C17, and eventually became one of the youngest sales negotiator for worldwide sales of wide body jets.

This inspiration changes lives.

The air show isn't just an amazing event that brings tourism and energy to the city, it's also a living classroom.

It sparks curiosity, inspires our youth, and shows them what's possible.

That's why I urge you to continue supporting the air show.

It's more than entertainment, it's education, opportunity, and inspiration.

Thank you.

Next speaker, please.

I invoke Ein Reich, Einfuhrer.

In 1938, this was the slogan of the Hitler's Jugend, the Hitler Youth.

One people, one empire, one leader.

The goal is a single unified nation under a supreme leader, a nation under total totalitarian control, where the leader embodies the nation's will and holds absolute authority.

Now, courtesy of our city council, we have a sanitized version of Hitler Youth called Patriot Academy, a Christian nationalist attempt to link spiritual and political successes to the past glory of an exceptional America.

The goal is to create a generation of young Americans who are physically fit, obedient, and schooled in the Christian nationalist interpretation of history in the Constitution, which does not recognize the separationist church and state.

A more appropriate name for this program would be Trump youth.

This Christian national program has no business being taught in our public library and at no cost to them.

As our cash fiscally irresponsible city council is copying the room rental and all associated fees.

More appropriate veiner would have been Calvary Chapel.

Next speaker, please, Nine Deutsch.

Mr.

Mayor, my name is Mr.

Amory Hansen.

I'm speaking tonight in support of item 17.

The item on voter requirements, the voters have spoken and desire voter identification.

The voters also desire more in-person polling places, which I truly believe is an important thing.

Huntington Beach must ensure polling places are convenient for we the people.

I believe every voter should have their voice heard.

I hope that voters will consider voting for Mr.

Amory Hanson, a historic choice at their local polling place, Huntington Beach shall overcome.

Once again, I reject yes vote.

I am 17.

Thank you.

Thank you.

Next speaker.

Huntington Beach is facing its most serious financial deficit in years due to mismanagement by the current city council.

And yet the council continues to throw our money away to fund its MAGA agenda.

After gifting millions of dollars to the Pacific Air Show for the next several decades, the council is now hosting the Texas-based Patriot Academy, free of rental charges, allowing this Christian nationalist organization to promote Christian supremacy and gun ownership, spewing its right-wing hatred under the guise of teaching about the U.S.

Constitution and the Bill of Rights.

This is an egregious violation of the separation of church and state, and the cost is being covered by HP taxpayers, whether we like it or not.

The current cost to rent space in the library is 250 dollars per hour.

At that rate, for multiple sessions, this objectionable program is likely to cost HP taxpayers over $15,000.

The council claims that it needs to raise rental and other fees to limit the damage of the deficit.

Thank you.

Next speaker.

A blatant abuse of public funds and disregard for the separation of church and state.

Texas Republicans rigged districts to stay in power.

Yet you attack California's Prop 50, where voters, not politicians, decide.

Tonight you will burn 250,000 on an air show EIR without telling us the hidden costs of police fire and cleanup from your airshow settlement debacle.

The Surf Museum is late on rent.

Now you want taxpayers to bail them out at the main street library.

Our city teeth on bankruptcy because you raided the rainy day fund.

Next speaker.

The deputy city attorney, Derek Bradfield was there with the code enforcement manager for the Huntington Beach Police Department, parking control supervisor.

They ended the four matters by submitting to the court tour dismissal.

The way the matters are set up, make it over.

Thank you.

Next speaker, please.

Good evening, City Council.

My name is Thomas Leparn.

I just came out here tonight uh to support uh the opposition of alcohol at the sports complex.

Uh, as a lifetime resident, as a coach.

As a referee and an umpire here in the great city of Huntington Beach, uh, I have been subjected to unruly parents, uh, other people from out of town, people that have brought alcohol to the sports complex or to the fields.

Uh I'm of the reasoning that those that come to watch their children should spend that time supporting their children, supporting their teams, cheering them on.

And if the sports complex wishes to have uh drinks of some nature, the alternative I would suggest would be craft root beer, slushies, uh, smoothies, uh, other things to support children, but also be able to offer things that would allow uh a great time with all families.

Thank you.

Next speaker, please.

Hello, your honorable mayor.

My name's Don Ramsey.

I'm a 62-year resident of Huntington Beach.

I graduated from Marina High School in 1970.

I got drafted.

I was a medic in the Army during the Vietnam War.

And coming back to Huntington Beach after the war was no patriotic thing.

I left Huntington Beach right after I got here, drove a VW bus down to Mexico, grew my hair out, surfed, and came back to town because during those days it wasn't patriotic to be in the military.

There was no big welcome home for you.

Anyway, I'd like to speak about the air show.

One thing I've noticed about it in the last seven years is the amount of patriotism that it generates wherever I go during those three days.

And I want to hold that as a value that happens in this town, and the air show does it, and it makes it happen.

That's all I gotta say.

Thank you, sir.

Next speaker.

I think the only reason for needing flashbangs to control is to control drunk parents at sporting events.

We don't need beer at sporting events and don't need flashbangs at all.

Look it up.

Most cities put parking fines into the general fund.

That's the right place to put the funds.

That's what Huntington Beach has done for almost a century.

Regarding a vote to sell uh Huntington Beach parkland and similar property is a good check and balance.

Allocating the funds from parking fees to the police and fire department is like putting handcuffs on the HBCC.

You folks.

Remember that our family infrastructure is paid out of the general fund and is a huge public safety problem.

Next speaker, please.

Uh Patricia Pappis, 47-year resident in November.

Honorable mayor and counsel.

I just want to say thank you to our incredible mayoral and council leadership.

Burns Vandermark Strickland soon to be mayor, McKeon, and then on to Williams Kennedy Twining and Gruel.

You all bring such unique initiatives to our city.

I so appreciate all of you.

Just um while it hub, I was reading the personal finance platform, and they ranked Huntington Beach as number one as the best run city.

Uh June of 2025.

It says it's it says the best run cities in America use their budgets most effectively to provide high quality financial security, education, health, and safety, and transportation to their residents.

And I just want to thank you for all that you do.

Thank you.

The drummer.

Yes, hello.

My name is Laz Lalock.

I want to thank the uh city council for this event.

And I just want to voice my uh support to appeal the alcohol at sporting complex.

That is not a great idea.

Anytime you're going to put alcohol and people together, it's not usually good.

All you have to do is look down at our Huntington Beach main street and take a look at what happens Friday night and Saturday night and see what happens when you mix idiots and alcohol.

It never comes out great.

I want to just look at the police record.

I doubt you're going to see many arrests in front of Handel's ice cream.

But when you put this kind of thing in a sporting complex, you're already looking at an emotional charge venue with people who are amped up for their kids.

Now you add alcohol to it, and there are no restraints now.

So unless you're adding more police to look at this, I think it's a best decision to just let this pass.

It cannot be about the money, because at the end, the only ones that lose are the kids when their parents are not able to drive them home.

What are you gonna do with all of those out of state teams that go for two and three games all day long and their parents are drinking?

How are they getting home after that?

Please think it's about the kids.

So thank you.

Next speaker, please.

Hi, my name is Tomoe.

Today I'm here to oppose the conditional use of me to sell alcohol at the Huntington Beach Sports Complex.

Huntington Beach Sports Compress Complex is intended to be a safe, healthy, and family friendly place so that the old age group of children can enjoy.

And the alcohol and the two and doesn't match.

That's it.

And then I can't imagine any family with children driving to a place to a papa for the purpose of putting sports, which is their kids, and drink alcohol doesn't make any sense.

And in the past four years, uh citizens of Huntington Beach voted for uh conservatives so that we can enter us our conservative view, which is founded in the Judeo Christian Body in the Bible.

And then we all stand against uh before the judgmental seat of God.

We have to keep uh give account to him.

So I aud conservative uh council members to give a count about this matter.

Thank you.

Thank you.

Next speaker.

Hello, my name is Sam Gheezy.

When I was uh 12 years old, my parents moved our family to Huntington Beach.

That was 60 years ago.

I've seen a lot of changes in Huntington Beach.

It was a fun old-fashioned family beach community then, and it's still a fun old-fashioned beach community today.

And that's the way people in Huntington Beach like it.

That's why you all were elected to preserve that and to safeguard those values.

But as it can continues to grow, it can go one of two ways.

You can either have a quality of life, or you can go for commercialism and profit.

I see that best reflected in a movie that my wife and I watch every Christmas called It's Wonderful Life, where you have Bedford Falls, a quality of life, and Pottersville, commercialism and profit.

That's the decision that's in front of you to keep safeguarding for all of us and the people in Huntington Beach.

Is which direction will we continue to go into the future?

I don't have to tell you how to vote on alcohol at a at a sports.

Thank you.

Next next speaker.

Hello, I'm Tom McGee, and I just want to congratulate the City Council on ensuring that the air show is a fixture in Huntington Beach for many years to come.

It's a great patriotic event, and I love it.

I also want to congratulate you on Patriot Academy.

It's something that um I've watched time and time again.

And Dave Barton is probably one of the greatest American historians in the United States right now.

I do want to lament the fact that uh we're even proposing serving alcohol in the sports complex.

I think it's a bad idea as a coach and a referee for many years.

I've had many interactions with parents, and uh injecting alcohol into that is not a good thing, as well as the fact that most people don't ride share when they're bringing children uh to their sporting events.

So um I just uh don't think it's a good idea right now.

But good job on everything else.

Thank you.

Next speaker, please.

I am Janet Ewell.

The constitutional defense course you advertise in our public library, led by somebody from Patriot Academy.com, has the unfortunate appearance of using public resources for a political purpose.

Is there no one local who can teach about the Constitution and all its glorious complexity in a fair and objective manner from a community college, the League of Women Voters, a retired judge, a high school teacher with a master's degree.

Why do you think instruction from an organization founded by a former Texas state legislator and firearms coach who hosts Mike Lindell My Pillow ads on his website and advocates for a border wall is needed here?

Have you signed a contract with Political Patriotacademy.com?

May we see it?

I do, however, applaud this company's interest in learning more about the Constitution.

Surely there is a great need.

Next speaker, please.

Hey, good evening.

Uh, my name is Scott Kahn.

I'm a 30 year resident of Huntington Beach, and um, I'm here to talk about the alcohol sales at the sports complex.

Um, my two daughters played sports in the city of Huntington Beach from the time they were four up through the collegiate level.

And uh for the last 16 years, I've been a sports official.

Um, by far the most problems you see in the youth level uh is with the parents and their sportsmanship.

Um you don't see that kind of problem in high school, you don't see that kind of problem in the collegiate level, which I work all those different levels.

Allowing alcohol sales in uh one of the greatest uh venues on the West Coast for softball and other youth sports will exacerbate that problem to a great extent that uh does nothing good for the city, does nothing good for the kids, and will just lead to greater problems.

Um we don't allow alcohol sales to the snack bars on high school campuses, we don't allow alcohol sales and the snack bars at uh schools where kids are playing, so why would we allow it in the sports complex?

Thank you, sir.

Next speaker, please.

Good evening, mayor and a council members.

I oppose allowing beer and the wine sales at the sports complex.

By law, alcohol is prohibited in city parks unless a special permit is issued.

Those permits cannot be used when youth activities are scheduled in the same facility.

And this complex is primarily for youth sports.

The property is also in the open space district, where ACHOL requires a conditional use permit to grant one, the city must define the use won't harm public health, safety, or welfare.

Given the risks of impaired driving, fights, and a youth exposure exposure, those findings simply cannot be made.

Finally, our park rules have long banned alcohol to keep recreation family friendly.

Reversing then policy for a youth venue serves no public benefit.

Thank you, ma'am.

Next speaker.

Good evening, uh Pat Goodman from uh Huntington Beach, uh, Mayor Burns and City Council members.

Um I wanted to address so many of the items, but I'll start with the last one first, or middle one.

It's the Pacific Air Show deal.

Um a citizens' lawsuit against the city in 2023 revealed the millions in city subsidies for code four, whose president admitted the air show doesn't turn a profit.

That's not a sustainable business model, yet the city continues to prop it up with backroom deals, putting taxpayers on the hook for a failing venture.

I find it really incredible that you will approve the findings, in fact, with a statement of overriding considerations, yet you will not not do the same for the housing element.

Uh item 14, vote no.

Uh, item 16, vote yes.

Item 17, vote yes.

Item 20, vote no.

Item 21, vote no.

Thank you.

Next speaker, please.

Good evening.

Mayor, Mayor Potem, City Council.

I'm Matt Lifering, and I've had the distinct pleasure of documenting the air show since literally day one.

I've had a unique vantage point as I've seen the signature event take off, so to speak, as today the event is known throughout the world.

The tourism, the residence, the business people, the show people, and the operators, many have come before my cameras over the years at some point or another, and I've had very few negative experiences about the air show, the total mountain of impressions, those unpaid media impressions is worth the price of our collective admission.

It's a win-win, and it's always good when you have a homegrown successful businessman like Kevin Elliott that continues to call Honey Beach home and home base.

I'm looking forward to the Pacific Air Show this year.

Thank you.

Thank you.

Next 15, please.

Brenda, Solomon Ortiz, Ken Inoway, Rick Brown, Joanna Sosa, Frank Dawes, Tony Dawes, Kathleen Daniels, Chris Kluay, Russ Neal, Tim Geddis, Richard Worley.

Proceed, sir.

Good evening, Mayor and uh council members.

I'm here tonight because many residents are deeply concerned about the city's quiet endorsement of Patriot Academy's constitutional defense course at our public library.

While these classes may be framed as civic education, Patriot Academy is openly faith-based and promotes a Bible-based interpretation of our constitution.

When the city posts these courses on its official website, calendar, and social media, and allows them to use public space, rent-free while other community groups are charged.

This is not neutrality, it's favoritism.

That places a city in the role of promoting a religious program with taxpayer resources.

I urge you to consider to reconsider this arrangement, apply the same rules to all groups, protect the neutrality of the library, and keep taxpayer-funded spaces free from religious or political endorsement.

Why not have some of our fine high school teachers or local university professors teach this class instead of a Texas-based organization?

Finally, I do not support alcohol sales at the sports complex.

Thank you.

Next speaker, please.

Hi, Chris Cluey, Hudding to Beach residents.

Um I have a lot of stuff to go through, so I'll try to be quick.

Uh first, I wanted to thank Councilmember Casey McKeon uh for getting the money uh for the Magnolia Street Improvement.

I think that was actually a really good thing.

And um, I would like to read it reiterate an earlier request please make sure there's a protected bike lane on there.

There's a lot of kids who go to Edison on Magnolia, and we need to make sure that they're not getting hit.

This is a great opportunity for that.

I also want to thank Council members Vandermark and Gruel for bringing up uh the need for sand replenishment.

Um, I am very curious how you're going to talk about that without talking about climate change and Trump defunding uh our funds.

So uh that's gonna be fascinating to watch.

Uh last thing is um Gracie's resolution um against the redistricting.

Uh, I have to say that I am in favor of saying we should not be jarrymandering.

However, if you do pass a resolution, it needs to be explicitly stated that Texas is the state that started this on the direct orders of Donald Trump, and we are responding to it.

This is not what we want to do, but if you're going to cheat, then we gotta get down in the mud and fight back.

Thank you for your time.

Next speaker.

Perfect timing.

Um Gracie, based on the resolution statement, here are the key points of hypocrisy.

Claiming to respect the will of the voters while supporting voter voter ID requirements, which often disappointment restrict access to voting and can conflict with broad voter participation, not adding wording to the Honey to Beach Charter to allow voters to decide on library privatization, despite claiming to uphold voter authority, opposing unnecessary political spending, and citing fiscal responsibility, yet attempting to privatize the public library, which could involve cost of management choices not aligned with the community wishes, promising to respect community diversity and inclusion while banning books that voters wanted available, failing to really reinstate ban books of voters rejected, committing to include pastors of various faces for invocations, yet only allowing Christian national pastors contradicting inclusivity.

Next speaker, please.

Thank you.

Good evening.

Uh, thank you, Mayor, Council.

Really proud of you guys.

Uh, we have a council uh to be looked at.

You turn on the news.

Uh I do subscribe to the LA Times.

I do read a little bit about you guys, but big supporter, local government decisions that you guys have been making.

So thank you.

I am opposed to the alcohol sales at the sports complex.

And for all the reasons that have been said, so I don't want to rehash it.

I understand that there's going to be sporting events or concerts also.

You have to take that into consideration.

But is it really worth the money sales that you'll get that would open you guys to potential litigation?

You have to take a look at the ingress and egress of the intersections out of the park.

Uh, you guys can be exposed to lawsuits, and it's just not worth it.

There's another way to close the budget.

Rather this.

Other than that, thank you all.

Thank you.

Next speaker, please.

Good evening, City Council.

My name is Joanne Sosa.

I start with a question.

Can you, each one of you, any one of you, or anybody in the audience cite one time where alcohol, children's sports ever was a good thing?

You can't, because it doesn't work.

So you have such a classy city.

You just had the civil war days.

Everybody loves it.

It's family friendly, no problems.

We have the surf championships, we have the air show.

What an amazing city.

Why would you consider something that you will have?

I'm sorry to say, it's just a matter of time.

You're gonna have a tragedy if you do it.

You're gonna have lawsuits, not one.

Why would you do that?

Keep us clean, clear, and a number one city.

Thank you for all that you do.

I believe in you, City Council.

Please do the right thing.

Next speaker, please.

Hi, my name's Richard Worley.

Lived in uh Huntington Beach since 1971.

Have put through uh children and grandchildren through the sports center.

Uh I oppose the alcohol sale.

Uh it's just not a good idea.

It's you can't mix the two, especially if you got your children out there, and it's just not a good idea.

Anyway, negative vote for me.

Thank you.

Thank you.

Next speaker, please.

Hi, my name's Billy Mandox.

I've lived in Huntington Beach over 40 years.

I have fathered three boys who've played in various sports.

We attend our church regularly.

I just can't imagine you'd want to sell alcohol in a situation where there's competition of children.

You don't bring children to a bar when you're drinking.

Why would you do this?

You're opening yourselves up to so much.

The the putting put a fence around the snack bar, they're gonna have one window to get their gum and their hot dog and their drink.

You're gonna have the problem with the emotion that's just there in the sports in the comp competition to begin with.

So you're just adding fuel to the fire.

It's just a bad call.

I've volunteered many times.

I've umpired for over 30 years.

I've seen parents get out of control without alcohol.

Now add that to the mix, and all you have is fuel on the fire.

There's nothing that cannot be made worse by alcohol.

It never has done a good thing, not once.

I I would you may recall so many people up here want to get oh, I'm out of time.

Anyway, thank you for your time.

Thank you, sir.

Next speaker.

Um, good uh good evening, Tim Geddes in the house.

First, I uh I want to uh first I I want to uh object to the arbitrary and capricious you uh restriction on uh public speaking time.

I'm not speaking in the public, I'm not speaking in the uh in the public hearings.

I w I want at least a minute and a half to two minutes, but that's um to this point.

First is the anti-democratic flouting of rules, standards, and norms that minimize community representation.

Second is the lavishing of taxpayer monies on special interests and partisan political schemes, which are costing this Huntington Beach uh citizenry big time.

Third is the abject lack of progress in solving the pressing problems and civic uh concerns that you allegedly were elected to address.

Tonight's a uh tonight's agenda is uh it bears this out.

Next speaker, please.

Uh good evening, Russ Neal, Huntingdon Beach.

This council has done a great and widely recognized job of standing up to the tyranny emanating from the government in Sacramento.

This is the primary reason you were elected and you have not let us down.

As for normal municipal matters, like many on tonight's agenda, it is fine and even healthy to have disagreements and split votes.

I just urge you to not allow disagreements on such things to damage your relationships or your solidarity and yes, your love for each other.

You have you have had and will continue to have our love and support if you do so.

Thank you.

Next speaker, please.

Good evening, City Council.

My name is Frank Daniels, and I've been a resident of Huntington Beach for over 50 years and raised five children, of which some of them were in uh little sports.

Anyhow, what happened is after the games were over, we would go to a pizza joint and have pizza and coke.

Uh we don't need to have alcohol at the sports complex.

I'm totally against that.

Also, I used to take my kids to the um Anaheim Stadium to watch the angels play.

Well, it got out of hand because there was so much foul language and arguments and fist fights.

So what the angels did is they set aside a small portion of the angel stadium out there in left field that was family only, no beer and alcohol, and it worked really well.

At least you know when you went there you were safe.

So I encourage you to vote no alcohol at the Cut Sports Conference.

Thank you, sir.

Next speaker.

Good evening.

My name is Kenny Noway.

And during the city council meeting, I've noticed that members of the MAGA City Council are quick to take credit for the fact that they fulfilled certain contracts with their supporters.

At this time, I would like to point out some of the actions that they did not promise to their supporters, which have helped lead to an unprecedented deficit for the city.

The Kamaga City Council people did not agree to settle a five million dollar lawsuit without any proof of loss by the plaintiff.

To settle a law, a lawsuit without any proof, as at best poor judgment, and at worst, an illegal misappropriation of public funds.

So be careful.

In addition, the city council did not promise not to fail a required not to file a required housing element, even though they knew it was going to cost the city seven million dollars a year for their failure to take such action.

Thank you, next speaker.

Call the next 15.

Or the rest.

Why?

What's happening to our city?

Mass shootings in our shooting in our schools are real.

Guns aren't going away.

Studies show that current practice drills don't work.

How about using some of this money for school safety or teach our police department on mental strategies to de-escalate situations instead?

HB should be progressing, not regressing.

Let's change the narrative, make character integrity, truth, and doing the right thing matter again.

15.

The Coastal Commission find the air show over 250K because they did not per obtain permits previous to previous air shows.

Think about that.

The city taxpayers would be paying deeply from our pockets for one-day loss of revenue.

Thank you, ma'am.

Next speaker, please.

Uh yeah, got about two minutes worth of material on the hypocrisy of Councilperson Vandermark's resolution opposing the election rigging response acts.

Yeah, one minute.

I don't really have the time necessary to get into the details on that because like any good tyrant, you, Mr.

Burns, seem to get off on limiting and controlling people's free speech.

If you ever want to work on your impulse control, I see a great therapist and would gladly send you a recommendation.

Fill out a blue card, sir, if you'd like.

Thank you.

Next speaker.

Good evening, Council members.

Thank you for seeing me.

My name is Juaka and Chavez.

I'm here with my daughter who's uh five years old.

Today was her first day of kindergarten when she was born.

I promised to protect her.

I'm gonna ask you to help me keep that promise and keep alcohol sales from our sports venues here in Huntington Beach.

Thank you.

Thank you.

Bethany Webb.

Next speaker, please.

Bethany Webb, long time 40 year plus, Huntington Beach resident.

Um, I know you guys prayed to a grifter, uh, but the idea that you're looking confused, Mr.

Burns.

That would be your orange god, the number one grifter.

But honey to beach has their own grafter.

He's in the audience, Kevin Elliott.

There, the seven million dollars that you guys are gonna give to the air show, and for people that actually want patriarch patriotism, blue angels will do it for free.

You can have an air show that you don't pay seven million dollars to somebody who lost the exact same lawsuit.

The judge didn't even have to hear it out.

It was so flimsy.

The guys before you ran away.

Michael Gates and Tony Strickland left you with the biggest mess, and folks, when you bet on this and you vote on it, we're gonna come back and hold you responsible for the pay for a play that you're giving away of Huntington Beach money.

Next speaker, please.

Hello, my name's uh Brett Bush.

I'm a Huntington Beach resident.

Um, if the intent for the sports complex was to sell alcohol, then it would have been included in the initial vote in 1990.

It was not included because it was never the intent to sell alcohol.

You know, the Huntington Beach uh police department stated the planning commission that there had been 52 calls for services to development of the sports complex.

It was also stated at the planning commission hearing that we need to teach our children how to drink responsible uh responsible.

I obviously 612 section 612 also referred to in the past as measure C was a voter initiative that was approved by the voters during November 1990 general election.

Essentially, Section 12 uh took over Measure C, and it's really written into our city charter that this type of agreement could never have been made.

They're they're saying that there's gonna be a full bar, they're advertising it for some event in September.

I think we need to think better about what we're doing.

Thank you, sir.

Next next speaker.

I'm John Carcer.

I'm a 55-year resident of Huntington.

I am uh vehemently opposed to 25-714 request for resolution in the opposition uh to special election for uh redistricting.

This item is nothing but a political intrusion upon our citizen reticence residents and taxpayers by our mega councilperson, Gracie Vandermark.

You, Gracie, have no business thrusting us into your mega scheme and imposing upon us your political agenda.

No, not everyone wears a red hat in Huntington.

Four members of the council already pulled the same stunt when you approved standing with in solidarity with Texas.

This is not Texas.

Over a year ago.

Thank you, sir.

Next speaker, please.

Seems the council has taken a page from Trump's playbook by flooding the agenda with bad ideas.

First, we have the acquisition of flashbangs and less than lethal rounds on the consent calendar of all places.

HB is not a war zone in using the LA Sheriff's Department for training after their egregious conduct earlier this year is an affront of citizens.

Next, we have the EIR for the air show, which glosses over the 250,000 dollars that it cost the city that would have been paid by the promoter, but for the egregious air show giveaway.

Alcohol at a sports complex, don't we have enough trouble with belligerent people at kids' sporting events without throwing alcohol into the mix?

Item 17, propose to understand the cost of implementing voter ID.

Duh.

Should you not have done that before passing the measure?

Sending all the parking revenue to police and fire when you're in a budget emergency.

Why tie your hands like that?

Then there's Gracie's nonsensical screed about measure 50, which ignores the fact that it was only triggered because of Texas's mid-signal midcycled redistricting, which conspicuously did not allow the citizens a vote.

She also ignores that it reverts to a citizens commission.

How much nonsense and stupidity can one pack into a single agenda.

Next speaker, please.

Through a quick perusal of many of us do not understand why the city would give up all the parking revenue for a three-day event and also take on the burden of paying for the EIR when we are faced with a looming shortfill in our budget next year.

And there are a bunch of other things that are fishy, but I'm sure you're you will diligently review it all.

And since this position was changed from part-time to now full time with benefits, I would think you will be thorough and prudent with your investigations of our financial situation.

You know, most cities of this size just give a stipend to the finance director for this title.

But it seems that you will be doing so much more for the residents of Huntington Beach.

Also, you should be aware that this is the most homophobic city council in Orange County.

They tried really hard to eradicate any trace of the LGBTQ plus community with from our libraries with their attacks on our next speaker.

Good evening.

Good evening to our amazing Huntington Beach City Council.

September is World Alzheimer's Month.

I met most of you know someone or are connected with someone who's affected by this disease, and this caught cause touches me directly.

My mother-in-law is currently in a care facility, and she has no idea that she has great grandchildren.

This is why I'm here tonight.

My name is Rebecca Groot.

I live here in HB.

I actually met a few of you at an event at my favorite restaurant at La Capea, so good to see you again.

On November 8th, Huntington Beach will host our very own walk to end Alzheimer's at Bolsa Chica State Beach, raising money for research, treatment, and caregiver support.

This walk is completely free.

So I have three asks for the city council today.

First, please help me promote this event by using your social media, Mr.

Williams.

I'm talking to you, you have a great following.

Um we would also like to hang a promotional sign over Lake Street.

Um my second ass is for the city to help us cover the $266 signage fee.

And um, my last to ask is I want all of you to attend all the council and everyone here.

This is a great way for us to come together as one people, one city.

Thank you.

Thank you.

Can you next speaker?

Excuse me.

Can you please can you please fill out a blue card?

Ma'am.

Could you fill out a blue card so I know how to get a hold of you?

Yeah.

Thank you.

Council members, Paula Schaefer.

I urge you to vote no on the EIR and deny Pacific Air Show the right to proceed.

We now know that Pacific Air Show did not obtain the necessary environmental permits for a number or even most of the prior years that the event was held.

Its application was late this year.

Why would the city want to continue a business relationship with a company with this history?

Why is the city giving away millions of dollars to Pacific Air Show LLC and its owners and paying for expenses that are normally paid by an event promoter and agreeing to indemnify Pacific Air Show for sequel challenges when it's sit the city's finances are so severely strained?

You should demand that Pacific Air Show LLC and its owners provide any evidence that the air show brings in its purported millions of dollars to the city or the region.

And if it's to the region, why aren't other regions, you know, what other cities and the county participating?

There should be no public, there should be publicly available information that is that this event is economically.

Thank you.

Next speaker.

Hi.

My name is Jennifer Wingberg, and I'm a longtime property owner in Huntington Beach.

I'd like to thank everyone for your service today.

And I'm in full support of what you're doing.

I would just like to say today, I'm adamantly opposed the sale of alcohol at the sports complex.

Everyone has been giving good reasons for that.

Um, I know that it goes against the primary purpose of that complex for young people to be involved in family-oriented, you know, um just positive activities rather than being drawn away into things like drugs and alcohol.

So we certainly don't want to go against the the vision and purpose of the establishment of that um though that park.

So we also want to think, you know, rather than thinking about ourselves as adults, some people might like to drink there, but really this is for the kids.

We should think of the kids and put them first.

And we know again, everyone's been talking about thank you, ma'am.

Next speaker.

Uh Kenan Durham, uh, trying to speak on both item 14 and item 20, which are very connected.

So, item 14, you have an approval for HPPD to use flashbangs and rubber bullets.

And on item 20, you are asking to take parking violation funds from the general fund for the city and give it to HBPD instead.

Um, now, first of all, uh the idea that we need flashbangs and rubber bullets in this city is absurd to me, but not surprising considering the fact that every single one of you have spoken in favor of the militarization of American streets.

Um, in addition to that, the fact that we are trying to do this while we just took a hundred beds out of the city's uh homeless shelter, and we somehow can't fund making sure that our city council meetings are accessible, and yet we're still waiting for accountability and transparency on the uh the the surveillance program in Oakview and our drone program and the act.

Next speaker, please.

I'm here to express a deep concern about the city's long-term deal with the Pacific Air Show.

This contract doesn't just bring planes to the beach, it gives away taxpayer resources for decades.

The air show is now guaranteed the right to run a private multi-day music festival on our public coastline.

They've been handed exclusive control over public parking lots from 7th Street to Beach Boulevard, including the main street garage and Pier Plaza.

That's prime city real estate paid for and maintained by taxpayers.

Now reserved for a private business, even more troubling.

The city has agreed to use public funds to defend the air show from environmental lawsuits tied to their operations.

Taxpayers are essentially underwriting their legal risks.

This is not a partnership, it's a subsidy.

Residents are losing public access, parking, and accountability, while a private operator locks in 25 years of profit.

I urge the council to stop giving away taxpayer money and public space to private interests.

Next speaker, please.

Good evening.

Good evening.

Is this on?

Good evening.

My name is Billy Chris.

And I was just uh I don't watch the news a lot because it has gotten so bad in the world.

But um I just was made aware recently about this um sale of alcohol in the school at a sports uh facility.

And uh I just I couldn't I was amazed, I couldn't even believe that this would be a question.

I don't understand why people would even question that.

Why would you mix alcohol with children?

I I just don't understand that.

Causes so many so many problems, and there's been so many deaths from car accidents, so many things that I I just don't understand why we would even be talking about it tonight.

I mean, it's just I just uh wanted wanted to come and say have my two cents heard and and hopefully somebody will hear it and um think about this a little bit more.

Thank you.

Next speaker, please.

Hello, my name is Diana Phillips.

I am a 21-year-old or 21-year homeowner, and no, past that, a homeowner of Huntington Beach with a 22-year-old son.

Um I asked him about selling alcohol at the sports youth sports complex, and he was like, that is the craziest idea.

I mean, it's it's corporate-driven of greed.

Uh Disneyland does not sell alcohol.

They want to claim it as the happiest place on earth.

There's a reason why they don't sell alcohol.

That is because alcohol just creates bad behavior, bad things happen when you add alcohol.

We all know it.

We all, you know, that's why there's reasons that you need to be older.

Why do we need to have at a youth complex on public property alcohol being sold?

With California being the most legit, litigious or whatever state, one in ten, one uh lawyer for every ten people.

There's gonna be one accident, and it's gonna next next speaker, please.

Hello.

Okay, the residents are not against the air show, they're against the money launderer.

I mean the promoter, Kevin Elliott, right here.

Mother Nature is against Kevin Elliott also, Australia Gold Coast.

Mother Nature took that sound away, and they had to cancel that show.

Pacific Air Show, Mother Nature brought that fog in last year.

You could hear something up there, you just couldn't see it.

One year we had an oil spill.

Mother Nature washed it ashore to make sure we could cancel that as well.

The air show makes no money.

There's an LLC called the Pacific Air Show.

It pays code for Kevin Elliott's company to do it.

Kevin Elliott says the LLC doesn't make any money because he pays code for Kevin Elliott's other company to put on the show.

It doesn't make that much sense that we have to pay for it when Kevin Elliott ultimately profits from it.

Hey, get Brian Thenis to pay for it.

He paid thousands of dollars for an airplane to have propaganda go over our beaches, so maybe he can help you out with your air show.

Next speaker.

I believe that's all the speakers.

No?

We have more.

Grace, Katherine Goddard, Scott Kahn, Roger Noor, David Kwan, Matthew Cabrera, Chris Pickerel, Dan Hay, Joaquin Chavez.

Yeah, yeah.

My name is Stan Delberto, and I've got one truth claim to make.

Alcohol destroys families.

All right, thank you, sir.

Next speakers, can we come up to the mic?

Roger, you can come on up.

You're too late, Roger.

Somebody else did.

All right, ma'am, go ahead.

Ma'am.

Yes, thank you.

Okay, you've heard a lot of things about the uh idea of putting on a constitution for three days, a workshop on the constitution for seven days, I think it is, excuse me.

And it's not clear to anybody what has happened here, whether you've signed the contract, whether you've paid them.

What is clear is that you're not bringing in any money in a time that Casey reminds us many multiple times, the city is in desperate straits.

So not only are you putting this on at a free event, but you're presenting a single point of view.

Now it happens that we have a monoculture here on the council, so I understand that you have only a single point of view, but the constitution itself is a living document that requires point counterpoint decision.

So you get ideas and you come up with a third point of view that is the actual decision that needs to be described and it needs to be presented in a way that you hear from more than one point of view about the genius really of our constitution.

Council members, we have three minutes.

We're supposed to get three minutes, and we're supposed to get three minutes for each one of these, but that's fine.

First of all, I really am upset about the when somebody dies in your house, or whatever you guys kick every or the police go in there, kick everybody out, and then they start talking to they have a couple of cops outside talking about high school and all this stuff and being buddy buddies with the with the homeowner.

While she while they are they're they're distraught because somebody died, the family member died, while the police are inside searching the house, searching the house, and they're turning off the ring the monitors.

If somebody has a if somebody has a camera inside the house, they'll turn it off 15 minutes before and 15 minutes after they leave.

This is evil.

You gotta stop it.

That's Eric Perris' stuff, man.

You can't do this.

And if please, please, please stop this.

This is evil.

If somebody has any uh any um a any slobber in their in the pillowcase, they can they say that they suffocate.

All right, thank you.

And then and then they go to Roger.

You gotta stop it.

You have to stop it.

Next speaker, please.

Um, my name is Rebecca Chavez, and I oppose the sale of alcohol at the sports complex that is meant for children.

Um, I'm deeply concerned that people who are not responsible with their drinking habits will be driving their youngsters home.

And it really worries me for the emotional parents that are already upset, maybe with their child for not doing so well, you know, that they will take it out emotionally on alcohol, and then I just don't like that idea for the kids at home.

Also, I don't think it's nice for the children who um can walk up to the snack bar and order whatever they want to now have to be accompanied by an adult um who is also purchasing alcohol.

They the freedoms that kids have these days are being taken away, and it it grieves me.

So I think you guys already passed it, but I hope that you consider our care for the children in the city and their chance to have fun at the sport complex instead of dealing with alcohol um induced behavior.

Thank you.

Thank you.

Next speaker, please.

Good evening, uh, city council member and mayor.

And um, just a reminder, you know, the negative of alcohols in sports, you know, compromise motor skills, decreased coordination, and uh diminished judgment, impure balance.

And uh most likely, you know, increase the likelihood of disruptive behavior, can lead to issues such as property damage, you know, conflicts with others, safety concerns, law enforcement constantly patrolling the complex, increased likelihood of getting in trouble.

And uh in 19, I mean, 2024, even in a football college game, a young man, you know, he was holding two cans of beers, you know, throwing his shakers and emptying popcorn buckets on people.

And um, you know, can't don't don't we have a duty to make sports event people where they can enjoy and be comfortable as possible.

Thank you, sir.

Next speaker.

Welcome to story time.

This one's called Bro Code and the Lapdogs.

Many years ago, two buddies, Kelvin and Mickey, went to school together and created a company called Screw H B L L C.

They figured that name wouldn't fly, so Kelvin changed it to Brocode.

Brocode was the broyest of broskies, and they plotted the great HB Heist.

Brocode had plans.

They all involved using taxpayer money to sell out our beach.

Brocode got millions from the city and printed a million signs, plastered around the city for their laptops and their little personal agendas to launch their political careers and decimate the library.

They tried to convince everyone it was good that the people couldn't couldn't walk on the pier that they paid for.

It was good that they couldn't sit on the public beach that they paid for.

It was good that they walked out the back door with millions of dollars and exclusive rights to keep that backdoor swinging open every year with piles of next speaker, please.

Next speaker, please.

Hey, council members.

Uh, my name is Matt.

I'm a four-year uh resident of Huntington Beach now.

Um I am in opposition of the alcohol sale.

Here are some statistical downfalls of allowing alcohol, violence and aggression.

Around 40% of violent crimes in the U.S.

involve alcohol use by the offender.

Alcohol is a factor in 65% of domestic violence cases and 37% of assaults.

Children exposed to alcohol use at events are twice as likely to start drinking early.

Public safety, communities with higher alcohol outlet density, see increased crime rates, including vandalism and disorderly conduct.

Um message here is alcohol and athleticism do not mix.

Um and for everyone that is standing here today, I just kind of want to share something with you.

There's a God who loves you.

Um, there's a God who is here to offer you peace and hope and a purpose in this life.

And uh Romans 3 9 says that all fall short of the glory of God, and there's not one who is righteous, but there's a mediator between you and God, and that's Jesus Christ.

Thank you.

Next speaker, please.

Am I okay to speak?

Yeah, go ahead, ma'am.

Um, thank you for your time.

I just wanted to register a no on um selling alcohol at the youth sports complex.

It's kind of funny to even make that statement.

It's so ridiculous, but um, it just seems if you think it through, it's a disaster waiting to happen.

I really don't see an upside.

I see all risk and no reward.

I think we need to leave the space for families.

That's what it was intended to to begin with.

And why restrict children's access to the snack bar?

I mean, so that we can sell alcohol to the parents who are driving.

I mean, it's madness.

So I vote no, and thank you for your time.

Next speaker, please.

Hello, Jig Nish Paddy Ar.

I was on a run, totally forgot, so I'm a little bit sweaty right now.

But um, totally don't agree with the alcohol at the youth supports center.

I think kids sports are meant for kids.

If you're an adult who wants to drink, then go home and drink or just keep it away from the kids.

Um, totally for agenda item number 14 implementing aerial flashbangs and blast balls for critical incident responses.

If you're gonna bring trouble at HB, be sure you're gonna get trouble back in your face after seeing what happened under George Floyd and the boarding up a downtown.

We should be able to protect ourselves and our city.

Um, also all for the air show.

We need more afterburners 24-7 because that's America, and that's what we do.

And 100% support of the new item pushed forward by Councilwoman Gracie Vandermark to oppose the redistricting of Huntington Beach.

We're allotted votes to vote for every single council member up for election, and that's gonna take away our votes as citizens to only vote for one individual per cycle, even if that individual is not up for cycle.

So um also agenda item 17.

Did you guys notice that Trump is also recommending voter ID for the nation, Huntington Beach on the map?

We are doing great.

Keep it up, guys.

All right, any more speakers?

That concludes our public speakers.

Awesome.

All right, council members.

Do you have any council uh committee appointment announcements?

Anyone seeing none?

AB 1234 reporting.

Does anyone have anything to report?

Anyone?

Butch I attended Ocog on Tuesday this week.

Oh god.

All right, anybody else?

All right, openness and negotiation disclosures.

Anybody?

All right.

Okay, we're gonna take something out of order.

Uh we are gonna move number 18 to right now.

So we are gonna take the Kratom ish item right up right away.

Um Captain Johnson's Captain Johnson's gonna introduce it, and we got a speaker uh CNL from CNOA.

You could step up to you guys.

If you guys can, if you got conversations to have at take them outside.

Ready?

Yes, sir.

Go for it.

Good evening, Mr.

Mayor, City Council.

Several weeks ago, the city council directed the police department and city attorney's office to examine and author a city ordinance that restricts the distribution, sale, and possession of kratom.

Ordinance 439 seeks just to do that.

There are more than 40 psychoactive alkaloid substances found in Kratom.

However, most of Kratom's psychoactive effects can be attributed to two specific substances.

Mitrangenine and seven hydroxyomitrangenine.

Both of these substances are thought to be active opioid receptors in the body, and at high doses, users can experience psychosis, hallucinations, delusion, and confusion.

High doses of kratom can also lead to the user becoming very addicted to this substance.

Other known side effects are nausea, vomiting, sweating, constipation, heart issues, and seizures.

In mid-2025, seven states have banned the sale, possession, and use of kratom.

In Southern California, San Diego and Newport Beach have passed ordinances while the County of Orange has banned the synthetic form of kratom.

Kratom is not regulated at a federal level, although the US FDA has announced it will be examining how to restrict certain products like Kratom that contain seven hydroxymitrangen.

If passed, this ordinance would prohibit the sale, distribution, and possession of kratom and other products within city limits that contain more than two percent of seven hydroxymetrangen.

It also prohibits the sale of kratom products that are altered and syntheticize kratom alkaloids.

Lastly, it prohibits the sale or distribution of all kratom products to any person under the age of 18.

As you can see, it is recommended you introduce ordinance 439 for a first reading, and if passed, a second reading can be done on September 16th.

This is Ryan Shannon.

He has a little bit to say about he's from the California Narcotics Association.

Good afternoon, Council members.

My name is Ryan Sherman with the California Narcotic Officers Association.

Here in support of this proposed ordinance.

And when it's the plants are used in uh low doses, uh, there's very little uh side effects that we've seen other than uh bit of a uh rush like caffeine.

It's kind of like taking a five-hour energy shot from what we've been told.

Um however, a couple of years ago, uh some folks got together and figured out a way to synthesize this uh kratom leaves.

And what they came up with was seven hydroxy uh metragenine, which is incredibly addictive and very very dangerous, um and has led to a number of uh as was mentioned the psychotic episodes um and even some deaths.

So uh for example, uh just last month in Georgia, there was a two-year-old at a daycare center who got a hold of this stuff.

Um the two-year-old did not adjust any of the tablets or anything, but merely licked the package that one of these tablets was in, and was became uh unresponsive and had to be revived uh with Narcan.

So this is the type of stuff that's out there, it's available at gas stations, at vape shops, all over the city and throughout the county.

Um so what us, what we at uh the California Narcotic Officer Association doing, been trying to educate a lot of local elected officials, um, explain uh about this issue and hopefully uh get some uh legislation on the books to uh prevent this from happening here.

It's also we've got legislation at the state level.

Uh got through the assembly halfway through the Senate.

Um they parked it to um conduct a uh a survey, and uh there's gonna be meetings over the fall uh regarding this.

Um as was mentioned, the FDA has um initiated um and directed the DEA to uh classify uh 70H as a Schedule 1 substance because none of 70H has yet to be tested on humans uh as far as uh the safety and the benefits.

Um if that was if that does go forward and they do study it and figure out a way to use this uh and provide certain benefits.

Um we believe that you know medical professionals, doctors should be prescribing it if, in their opinion, um it could provide benefits to uh their patients.

So we we've got some concerns um about it in the existing uh form that it's in, and we would hope that you could uh support this measure as well.

And I'm here to answer any more questions as well.

Captain, is it currently available to kids to buy at the smoke shop?

Yes, you can find it at gas stations and the vape shops.

And you can actually I looked online, you could buy it on Amazon right now, which is a little crazy to me.

And CNOI am I wrong in the metragenine?

Is that like I could be wrong on this, but isn't that anticipated to be the new fentanyl coming up?

The seven hydroxy uh metragine, yes.

The seven hydroxy.

And much more dangerous.

Right.

That's that's the one that we're really concerned about.

That's kind of scary.

If a kid just walks into the gas station, is there an age restriction to buy that packet or whatever comes in?

No.

No.

But there will be under this.

I believe it's uh you're making it 21.

21.

Correct.

I think that's what Orange County did as well.

Okay.

How do you block the online sales like an Amazon?

Would you say?

Is that possible?

Uh from a city standpoint, I'm not sure.

I'd have to look into that.

Um, but I would think we would need to lobby with Sacramento to do that.

Okay.

Yeah, because we could prohibit it for sales in the city, but then online sales, right?

There's got to be a mechanism to do that.

Okay.

For for the online sales, um, other cities that have banned it, um, have uh those companies have all been notified and they're not selling it online.

They don't deliver or sell it in the cities.

Okay, good.

So that might be a way to start.

I mean, do you think our ordinance would cover that or did it?

Ordinance should cover it because it's gonna make it illegal to sell 70H in the city.

Okay.

Um, and we're gonna continue with the state legislation as well.

We just have to provide notification.

Is that it?

Okay.

All right, perfect.

Very good.

Captain Johnson, thank you so much for putting this together for us.

Um lot of the residents did not know that this was an issue.

And they didn't know it's considered the new fentanyl.

We're being proactive and keeping this off uh out of our kids' hands.

And thank you so much for working with us to put us helping us put together a balance um ordinance where people who need it the original form, the unaltered form, can still have access while kids are being protected from the synthetic version that I can buy.

I believe you said a 7-Eleven.

You can go to smoke shops and now with the online.

So we'll follow through with letting Amazon or whoever it is, know that it's not allowed in Huntington Beach.

Thank you.

So with the passage of this ordinance, we would be removing all the synthetics from every sales outlet in Huntington Beach.

Is that the spirit of the ordinance?

Yeah, we would contact all the shops that we know that are selling it and notify them of the passage of the new ordinance and tell them they need to comply.

If not, we'll take enforcement action.

And it says, you know, the uh prohibiting the sale and distribution.

What type of a penalty if somebody tried to you know forsake the ordinance and uh and you and you caught them selling it, you know.

What type of penalty would somebody face?

A vendor?

Uh this would be classified as a misdemeanor, and so would be under the misdemeanor rules of the state of California.

Okay.

Thank you.

So I'd like to make a motion to adopt the ordinance.

Oh second.

Anyone else?

All right.

Can we have a roll call, please?

Councilman Twine.

Yes.

Councilman Kennedy.

Yes.

Mayor Pro Chamakian.

Yes.

Mayor Burns.

Hi.

Councilwoman Vandermark.

Yes.

Councilman Gruel?

Yes.

Councilman Williams.

Yes.

Item passes 7-0.

Thank you.

All right.

Thank you, guys.

Thank you very much.

Mayor.

I need to read the title.

Yeah.

That's being introduced.

I'd like to read the for the record the ordinance title.

Ordinance number 4339, an ordinance of the city council of the city of Huntington Beach amending the Huntington Beach Municipal Code by adding a new chapter 9.92, thereof prohibiting the sale, distribution, and possession of Kratom.

All right, thank you.

Okay, we're gonna move on to item number six.

Surf side sunset sand replenishment project.

Thank you, Mayor.

Manager.

Thank you, Mayor.

Um, we have Jim Ridd, who is the environmental services manager in the public works department that will provide um the report tonight.

Thank you.

Thank you, Travis, and thank you, Mayor and Council members.

And with that, I'll start my presentation.

All right.

So I want to start by just giving a background and why it's so important, um, especially to Huntington Beach here.

Uh the project is known officially as San Gabriel River to Newport Bay uh sand replenishment project, but it's often referred to as a surfside sunset beach nourishment project.

Um it's really a uh mitigation project designed to mitigate the effects of flood control structures and water resource protection uh projects in that the feds and also the state uh have implemented over years, but uh how that affects uh I'll speak more how that affects sand replenishment and the natural process of sand working its way from inland areas and onto the beach.

So it really starts at surfside at the uh naval causeway.

That's really the beginning of the uh project footprint, and it's restores about 17 miles of coastland from the San Gilbert River all the way down to the Newport uh pier.

Um every stage, usually about average is about at 1.8 million cubic yards, and just to give you an idea, 10 cubic yards is about what fits in a dump the back of a dump truck.

So this is a lot of sand, and typically the project takes anywhere from uh three to five months from the beginning to the end.

Uh this project was authorized via the Rivers and Harbors Act of 1962, and to date, uh we have 13 stages completed, with the most recent one being completed in February of last year.

So the benefits and the needs.

So I spoke a little bit about why we don't get the sand uh that we used to, and it's really because of some of the projects uh it that the feds, including dams and levees and jetties uh and concrete line storm drain channels, those are really effective in preventing flooding.

But what they also do is they don't allow the natural migration of sand from our mountains or our rivers and our streams to make its way down to the ocean.

Um so this also really benefits us in terms of tourism.

Um Huntington Beach obviously wouldn't be Huntington Beach without a beach, and it also protects our property values and also allows for the recreation.

It's hard to recreate on a beach with no sand.

So this is also speaks volumes in terms of the need.

On the left, there is an image from 1953, and that's basically from the lack of sand, which is a natural uh protection and barrier against uh large damaging waves from winter storms.

Uh this is a little before my time, but on our on the right, I was here to experience that.

That was in January of 2024, where we had stretches of PCH from Newport all the way down to uh uh seap point that were closed, and that was because of the winter storms and also the lack of sand that would act as a protective barrier that would prevent this the waves from coming out across the beach itself uh and on to PCH and effectively closing it for I believe it was four or five days at a time.

So this is what really why we need to uh replace the sand on the beach.

And just to give you some details from a 10,000 foot level as far as the project, um, it's administered by the Army Corps of Engineers uh for the regional working group.

They act as a project manager, secure most of the funding, uh do all the studies and and also acquire all the permits, all the environmental permits, and also uh liaison with the various uh permitting agencies, with this EPA, the regional water quality board, um, and other environmental uh regulatory groups.

Um the regional group or the local stakeholders uh obviously include the city of Huntington Beach, Seal Beach, Newport Beach, the County of Orange, uh California State Parks and RECs, as well as the surfside stormwater protection division, which is a special assessment district in uh the city of Sill Beach at the very northern edge of this project.

Um sand is typically recovered from two offshore sites.

The first and main site where the most of the sand is recovered for them is just outside of the Navy Causeway or the entryway to Huntington Harbor, it's about a mile and a half to two miles out, and most of the sand is pumped from there and onto a barge and onto pipes and then pumped onto the shore, and then it's spread using dozers.

And then eventually over time, five to seven years between the projects, the sand actually makes us way all the way down with wave action and winter storms that usually come from north to west, I mean north to south, um, and push the sand all the way down to Newport, thereby replenishing all the sand star beaches along the way.

So this is just some more details in terms of how it works.

Uh, you got offshore barge that pumps the sand onto the barge and then out to the beaches, and then over time that's allowed to dry out and then uh spread on the on the beaches, and then eventually the waves carry though that sand uh down the coast to Newport.

And then funding is schedule.

So stage 14, we're already prepping for stage 14, even though we just finished stage 13.

This is a project that takes years in terms of planning and permitting and uh securing the funding.

So even though we've we've finished stage 13, we really just took a breath and then start uh the process all over again.

Um as far as the estimate uh for stage 14, uh, which we hope will kick off in fiscal year 28-29.

Um, the estimate now is about 68 million dollars.

And uh two-thirds of that will be from the feds, and the rest will be from the state and also local um uh and local stakeholders that includes the city of Huntington Beach, uh, Newport, uh, and all the other regional partners.

So the next steps, and this is where we are now, is we really need to push this project, and that means collaborating with local partners to make sure that we continue to apply the pressure and uh appealing to local, state, and federal representation for project prioritization and funding and making sure even though this was uh enacted or authorized by Congress as part of the 1962 Harbors and Rivers Act.

We found that the funding doesn't usually come along with the Congressional Act, and um it's very difficult on our part because uh the decisions in terms of how the projects are funded, is usually at the federal level, and it seems like it's almost on that black box.

We don't know who's making the decisions and what projects are getting funded, even though for years uh this project has been the number one priority for the Southern California District of Army Corps.

Um it set and languished for years.

Uh stage 12, which preceded stage 13, uh, was completed in 2009-2010.

We waited almost uh 14 years before stage 13, and so we don't want to be in that same boat, um, and that's why we're here today to advocate for this project.

At this point, I will open up to any questions that you may have about this project.

Uh on the that previous slide, it said 1.2 million Huntington Beach, but then there were no numbers listed.

Sorry, a couple slides ago.

Um, do you know how much the other cities are contributing or any of those other entities?

We pay the line share of the the stakeholders uh because we have the longest linear fee.

It's really by linear feet, and that's how the equity sharing.

But our cost in terms of linear feat, um, we only pay 15% of the actual nominal fee.

The state actually picks up the 85% of that.

So that's where that initial cost estimate comes from.

But it's really based on the linear feet of the 17 miles of the project.

And so we have the largest area.

I think I believe we have about eight, eight square miles or eight linear eight miles, linear miles of beach.

And then in the in the that down, oh sorry.

In that downtime from uh 2009, you mentioned all the way up to well, 2024.

Correct.

What was the like at what point in that gap did you notice that hey, we need sand?

Like what what were some of the negative consequences?

What can you pinpoint that?

Anecdotally, uh, and some people can uh speak to this in this room is uh if you would go to Dog Beach in the bluffs, uh you would notice that uh during high tide, you could you couldn't make it across the water.

There wasn't no beach.

Um and so we would see evidence of where beaches would would disappear overnight, it seemed like um other locations are abluffs as well.

We've seen major erosion between that time period and when stage 14 uh because without the sand being there as a natural protector and barrier, the waves would crash on the bluffs and cause major erosion because that that's really sandstone, and then it doesn't last long in under wave action.

Um so that's what we've seen over time, and especially um in surfside, which is where the laydown area they've uh experienced extreme sand starvation to the point where uh areas that are set aside for plovers and turn nesting areas have been uh uh basically uh decimated.

There's no place for those birds to nest.

And then also uh some of the waves and and uh winter storms that we had would almost uh come up to their doorstep.

And so we would see anecdotally, there wasn't really a study, but we would see anecdotally the things that uh would allow us to understand that there are beaches are being sand starved.

And then who is it I imagine it's probably the Coastal Commission or even the Army Corps engineer?

I imagine they do studies to make sure that they're not um destroying the marine habitat where they're pumping the sand out.

You said about a mile off the yes.

So the project is done during a window where there's minimal environmental impact.

Um, and that's actually why we had a stop stage uh twelve uh 13.

Uh we had a very narrow window where we had to stop at the end of February because Granian season, Granny nesting season started in March.

And so even though the project wasn't completed, uh the project entailed 1.2 million uh cubic yards of sand, and we had to finish end of February.

We had only deposited about 811,000 cubic yards, and that was because of that environmental window that closed.

So that's the we don't bear the cost of assessing all that that comes down through the state or through the um third party agencies.

Well, we actually do.

There is another component where we pay a very small nominal uh uh amount for the initial design and and studies, and that uh is done by the Army Corps as well.

So typically for like for stage 12 uh or stage 13, we paid the city paid about uh 40,000 in the design costs as well as the permitting and the studies that went along with it.

Thank you for that presentation.

Um we sat down upstairs and you showed us what the issue was.

Um that conversation actually started because a few of residents who walked their dogs and take them out to Dog Beach kept telling me the beach is disappearing.

So then I asked, is this because of the tide coming in the season?

And we sat down with you and you said no, it's actually uh the sand replenishment issue.

And the other question I asked you is why is this happening?

And you mentioned that the Army Corps of Engineers had built the yetis, and because of those yetis, the sand that was blocking the sand from trickling down to where it's supposed to.

If you can explain that a little bit better, yeah.

So the jetty is designed to protect uh the entrance and causeways into Huntington Harbor, but what it does is it it prevents the sand from migrating southward.

And so when you've got this physical barrier that prevents sand from going south, there and we we have other uh physical barriers such as dams upstream at like Prado Dam and things like that.

They also prevent natural migration of sand from the Santa Ana River and other rivers and streams from making down.

And pretty soon you have very limited res uh sources of sand.

Either they're washed on shore from large events from large storm events, and then they're quickly washed out with the next storm.

Um that's what would cause the science uh depletion of sand on our beaches.

And is that the reason why the U.S.

Army Corps of Engineers is in sh it's responsible for securing the majority of the funding?

Correct, because most of these are federal projects, and so they you know broke it, and so they should fix it, is kind of the way Congress said.

Okay, and then also the time frame you mentioned there were several challenges.

Number one, the funding, you just never know when it's going to happen.

Um, one of the important reasons why it's important that we continue to advocate, we advocate in Sacramento, we advocate in Washington, DC.

And number two, um, you mentioned the Grenyan because of the Grenon run, then we had to stop then.

It's one issue after another.

Um so we can't complete the job.

Yes, it makes it very challenging because we have such a narrow and and small window to get the project completed and get all the permits aligned.

Um so that's why we have to work so far in advance.

So even though this project, you know, we anticipate or we hope we'll start in 2028.

We really have started doing the work um as of last year, um, because it it we really it it takes critical timing to get all these ducks in a row and then to execute the project in a timely fashion.

So let's say you um acquire all the permits you need, you guys are ready to go.

We don't have the permits as of yet, but that we're working closely with our regulatory agencies, and this has been uh such a long ongoing project.

Um most of the players uh and the regulatory agencies are very familiar with the project.

So uh the process is pretty streamlined.

Uh rarely have we encountered regulatory issues, um, although the regulations do change over the years.

Um our regulatory agencies have been a partner to for this project, and um because it also provides uh sustainable uh uh habitat for the environment as well as for obviously for tourism and uh as well as locals here.

So um prior to going through the whole permitting process and starting this all over, do you even know if we're going to have the funding, or do you do all this work and then learn that we don't have the funding to move forward?

Yes, we don't know until the final like maybe six months.

So uh the same situation happened in the I want to say 2017, 2018 fiscal year.

So that was when 20 uh the uh stage 13 was supposed to occur.

Um all the local partners, including Huntington Beach, we ponied up our money, uh all the permits were issued, the project was supposed to start, and then all of a sudden the Fed said, nope, we don't have the funding.

Everything ceased came to a stop.

And then we continue to do our work in terms of uh lobbying for the project, um, and working with the Army Corps to make sure this is on their uh forefront and this is a priority project for them, even though they uh had listed as a priority project.

Uh we couldn't understand why the project was not funded.

Um, and we didn't understand why it was pulled at the very last minute, it seemed like to us.

And all the agreements were already in place, the funding was already um uh acquired from the state and all the regional partners, and uh it just came to us uh grinding halt.

And so we want to prevent that.

We want to make sure that all the wheels are greased, that we don't encounter such a uh dilemma moving forward.

And approximately how long does it take and I don't know, roughly, from when you start the whole process to where you're done with the permits, and then they tell you we don't have the money.

So the studies and the permits that uh precede the actual design uh usually take about two years, and then um the permitting itself runs concurrently with that, and then the design follows that, and usually by year three, and then by year four, we have a good idea what the project would entail in terms of how much sand, uh the duration, and then also that also helps us line up the contractors.

So unfortunately, that's another uh uh bottleneck, is there's very limited number of contractors that can actually do the work on the West Coast here, and they're booked up.

You've got to uh secure your place or slot for your project years in advance.

So we have to show that we have our funding secure, our permitting is already in line before they can even commit.

And so if you don't, um you lose your place in line.

Um there's not a lot of uh uh contractors that can do the work, and so it becomes very, very difficult.

And that also leads to a challenging situation in terms of the the funding because there's so limited players in this game that uh the prices are pretty exorbitant.

Okay, thank you.

Thanks for the presentation.

Just a couple quick questions.

So you mentioned eight miles, 1.2 million cubic yards.

Is that what you said for Huntington Beach basically?

No uh 1.2 cubic million yards is is was for stage 13.

It's most of it was deposited in the surf side area.

So uh we don't actually get all of that here.

It wakes is it works its way down the coast.

Right, but that that's what we're allocating for our eight you because it's gonna migrate down south, and then I would imagine newport drops there's in river jetties, right?

And that moves out, Seal Beach drops there's at that river mouth, right?

So everything's moving south, but for our project, eight linear miles, you're estimating about 1.2 uh million cubic yards, right?

Yeah, there's only one loc, there's two locations where sand is deposited, and that's at the surfside community, and then there's uh another area where sand is uh removed from the mouth of the Santa River, and that's deposited just on the south side of the Santa River.

Yeah, I see it.

And then it works his way down.

Yeah, yeah.

So since it takes so long to get get it going, I mean, once you have it operational, I mean, is there any prudence to maybe dropping more than 1.2 million cubic yards kind of overloading in you know, is there too much sand that could move south?

It'd be detrimental.

No, we were actually hoping with stage 13 to uh allocate uh funding for about three and a half million cubic yards, but uh the only uh money that was available was enough to support 1.2 million cubic yards.

So, yeah, we could definitely use a lot more sand.

There's I don't think there's a no any such thing as too much sand.

Um it's just it costs so much to move sand.

Butch.

Thank you.

Um I might have missed this.

When is stage 13 anticipated uh start?

Stage 13 was actually just completed in February of last year.

Okay.

We're looking at stage 14, and we're hoping to uh move that forward in fiscal year 28-29.

Okay.

Um can you go back to the the slide that shows the beach erosion uh in surfside colony in 53 and that yeah, that one right there.

Um of the speakers uh or one of the yeah, one of the speakers tonight brought up something and said something to to uh council member van dermark about how ironic uh the it was for her to be bringing this item forward.

I'm thinking that the gist of that was that maybe the speaker didn't think uh council member uh Vandermark believed in climate change.

So I want to look at that picture.

Um you look at the you know the left side.

Was climate change a big thing in 1953?

I am not a climate change expert.

So I would be outside of my wheelhouse.

Um you look at the one on the right, and I would say, yeah, yeah, maybe that maybe the sea has risen.

Do you know has the sea risen and how much it's risen, maybe in the last decade?

Well, I I think the same factors are in play, that's for sure.

So the same wave action, the same uh limited coastline that we have uh is plays a role.

As you already know, uh surfside community has a very narrow strip of land.

And with natural wave action, uh this is what can happen.

Right.

So the erosion uh uh was caused by wave action, tidal, you know, tidal flow, that type of stuff, and and possibly the same exactly the same thing because I remembered that exactly in 2023.

It was high tides and big waves.

Yes.

So we had that back in 1953, too, I would guess, just by judging what happened in surfside colony, correct?

Correct.

Thank you.

Yeah, but the 50s were the ice age, then came the then came global warming.

Casey.

Yeah, one last thing.

I mean, obviously, this is a critical project.

I think it's important to note to re-emphasize.

So uh this should because I learned about this when we first got elected, this should happen roughly every about seven years, right?

Uh five to seven years, yeah.

And it depends uh sooner than that, is sometimes if we have a series of damaging winters like we had uh in 2022 and 2023, we had those large winters, or in terms of the rainfall uh and the storms that we experience.

So, yes, ideally it would be every five years, right?

Seven years if we don't have any crazy winters, but ideally every five years would be the sweet spot.

We had that 15-year gap, and I know Michelle Still, when she was our Congresswoman, she made this a prior priority, and she lobbied hard to get this done.

And so it just it really emphasized the importance of you know, lobbying uh DC, taking these trips out there, really advocating and fighting for these dollars because you touched on it.

This is the biggest project by the Army Corps of Engineers on the on the West Coast.

So it's it's critical that we you know lobby your your elected officials in the federal government.

You mentioned there's like a black box for funding.

That should happen every five to seven years.

It took 15 years of this last guy before Michelle still jumped in.

So just want to emphasize how important these like advocacy trips are and to lobby like your you know, your elected representatives.

I concur.

Thanks.

All right, thank you so much.

Excellent report.

Thank you.

Okay, we'll move on to item number seven.

City manager.

Yes, this is our breathe breathe safe HB community community opid opioid response initiative, and we have our fire department.

Um, both Dr.

Rahimion, our chief medical officer, as well as um division chief Justin Fleming to provide this staff report.

It's got to go low.

It's gonna go from here to here.

Bobby.

All right.

Good evening, uh, mayor, city council.

My name's Justin Fleming.

I'm a division chief with the Huntington Beach Fire Department.

Uh, I serve on the operations side of the department, and I have the privilege of overseeing our emergency medical services and ambulance program.

Uh with me, I have the famous Dr.

Hemian, our chief medical officer.

I'll let him just briefly introduce himself.

Yeah, great to see you all again.

Uh I'm Dr.

Rahemian Ram Rahimian.

Uh I am a board certified emergency medicine physician from Orange County.

Uh, went to U Servine for undergrad, Master of Public Health at University of Arizona, and then Doctor of Medicine there as well as emergency medicine residency, and then I did my uh EMS fellowship at LA County USC.

So I've been working in level one trauma for a long time, and then very privileged to work together with our fire department to uh ensure that we're providing the highest level of care in Huntington Beach.

Uh so what we're here today is to uh introduce our new breathe safe program.

It's a community opioid response initiative.

Um, there we go.

And so what we're just gonna describe it is what exactly is Breathe Safe HB, what's the program about, what its three-pillar structure is, and then the benefits that the community will see from this program.

So, what is it exactly?

So, I mentioned before, it's a citywide opioid uh response initiative.

And so this program is going to provide community education, response, uh advanced treatment protocols to help us address the ongoing opioid crisis.

And so we track this information through a data perspective.

And so, for instance, just in the year 2025, the fire department has had to administer uh Narcan, which is the medication that you use to uh work against opioids, you know, like fentanyl and other heroin and drugs like that, uh, a hundred times this year so far, and that doesn't include the amount of Narcan that was deployed before we got there.

This is just the fire department administration.

And so, while like a hundred may not seem like an extraordinary number, understand that when we show up and we have to give this medication, it's because somebody's not breathing, right?

Like they are not breathing because they have overdosed on this on whatever medication or drug or recreational drug that they say that they've taken.

And if we would not have administered this medication, if we would not have responded, this person would have died, right?

And so these are members of our community.

So I want to kind of just make you understand the gravity of even a hundred times this year, that number is significant because each time is a life.

And so last year we were probably around 150 to 200 deployments of Narcan.

Uh, we're averaging right now about maybe around 15 to 18 per month to members of our community that were administering this medication.

So it is definitely still an issue, which is why we have this breathe safe program coming forward.

Um, it's a proactive community-centered approach, right?

So fire departments you hear the term for us, first responders.

Responding, responding, responding, right?

Something bad has to happen, and then we show up, right?

But with this, we don't want to wait for people to overdose, then we show up, right?

What we want to try and do is get ahead of it, right?

We want to be proactive with the members of our community where we have Dr.

Hemian to be able to provide the education, the public health, in order to hopefully be able to deter it so that we don't even have to get there, right?

So uh that's an important part of this is that it's a proactive community-centered approach.

Uh, the great part about this is that it's funded through California opioid settlements.

So our program is not funded by the general fund.

In 2021, uh, there was a big settlement between a lot of the big pharmaceutical manufacturers and the rest of the country.

I think it was roughly about 30 billion dollars in this settlement.

California was a part of it.

And part of that settlement is that there this money will be distributed to municipalities and such forth for these specific types of programs over the next 18 years.

So the city of Huntington Beach will continue to receive funds every year for the next 18 years, not only from the initial settlement that came down in 2021, but from additional settlements that are taking place from the pharmaceutical manufacturers that are selling, you know, settling their lawsuits throughout the country.

So the great part is that that's how this this program is gonna be funded, and it won't come from uh general funds.

Also, too, is that these funds roll over from year to year, so as things change and such forth, it's not like a use it or lose it concept.

But part of the settlement funding is that the money is earmarked and needs to fit specific course strategies.

So we can't just use it for anything we want.

Uh it is very specific.

We do have to report what it is that we spend the money on, and so this program is going to fit all of those parameters that are established by the state so that we know that we're using the funds appropriately.

So our three-pillar structure is through community education, is the first one.

The big thing is that we want our community to understand the dangers of opioids.

We want to reduce the stigma that goes with them.

We want our community to understand that opioid use and and recreational use of these types of medications transcends socioeconomic class, right?

It can affect the high school quarterback as much as it can affect you know the guy hanging out at the liquor store, right?

This this it it sh it has no boundaries, these medications, right?

And so we want to that's what we want to instill into the communities for people to understand and reduce that stigma.

We want people to understand how opioids manifest in our community.

Where do they come from?

Where do the people get them and such forth?

Where we want to show them where we can help them get treatment for addiction.

Um we want to target our schools, major public events, utilizing our cert program, medical tents in order to get this information out.

One of the things that we are gonna do, and I believe that they were hopefully distributed to you is through these kits.

And so this is kind of like our introduction kit.

But inside of these, uh, what we have is we have two different two Narcan, which is actually is free, it's given by the state of California, um, so that people have you can keep this in your house.

In fact, if you're prescribed pain medication uh for any sort of ailment, you're they're also gonna give you Narcan, right?

So this is a very common medication that's distributed.

Um, and then also, too, we want to take advantage of not only just having Narcan, but we're gonna try and take the next step.

So we're gonna provide some bleeding, so in order to stop the bleed.

So these are kind of kits that we'll give to people when we provide training, say to cert, we're gonna show them how to use all of these things.

So they're gonna get a tourniquet, they're gonna get uh fentanyl test uh in order if they get to come across a pill and are not exactly sure what it is, and then also on top of that is that we have these cards, these laminated cards, and inside of here is gonna be different things that's gonna explain how to use the Narcan spray that's in here.

It's also gonna have instructions about how to do CPR, and then also it's gonna have instructions about how to stop the bleed.

And so, all of this is gonna be in a kit, and all of this is gonna be available through our breathe safe program.

Uh so that kind of gets to the next point, right?

About Narcan accessibility.

So, another key pillar for this program is to ensure that we have Narcan available to anybody that wants it.

Uh, we're gonna put it in with say city AEDs uh and try and distribute it as much as we human as much as we can.

Um, and then the last part is the advanced treatment protocols, and I'll have Dr.

Rahemian speak a little bit about that.

Thank you, Chief Fleming.

And so, really, you know, uh emergency care is the failure of prevention, as Chief Fleming mentioned.

So, as we continue this initiative, we want to make sure that we don't just get there every time someone's about to go into a cardiac arrest, right?

And needing acute resuscitation and overdose reversal.

So, you know, we want to continue to expand our services.

Opioid use disorder is very complicated.

Uh it's not a one and done, right?

This is a chronic relapsing illness that affects people's uh ability to function in various different ways.

So, really being able to get people access to social work, access to advanced practitioners, uh, access to uh additional uh resources.

So, we're working together to try and uh advance some of those things to be able to help people.

Uh so our community benefits, biggest thing, right?

Awareness.

What opioids can do, who can it affect, which is pretty much everybody, but you'd be surprised about how many people think, well, it can't affect me, it can't affect my child, it can't affect my family.

Yes, it can.

I've seen it.

I've been working in the city for over 21 years, I've been a paramedic for a long time.

So Dr.

Rahemian's been in his position a long time.

I've seen it.

It can affect anyone.

Uh, we're gonna make the benefits of the education, training for the community.

So we're gonna find training opportunities in order to be able to show everybody how to use the Narcan, how to stop the bleed, how to do CPR, and then, like I also mentioned, the prevention, right?

If we can stop an overdose from happening to begin with, and we don't have to show up, that's the best way to go about it.

Right?

It's a similar model we use with our community risk reduction department with the fire department.

They go out and they do everything they can to ensure that the fire code is followed so that we can prevent fires, right?

We do still have to respond because they're gonna happen, but we do our best in order to try and reduce them, and that's the goal of this program.

And then finally, of course, is with response.

So we do have to show up, people it's still gonna happen, it's still gonna be a part of it, but the more that we can reduce it, the better it is for our community.

If we can avoid these needless deaths, if we can get people the treatment and the help that they need.

That's the goal of this program.

So we just wanted to have the opportunity to introduce it to all of you and just uh know that we're just in the launching phase of this, but uh, we're open for any questions if you have.

How many people we lose in a year in this city due to drug overdose?

Well, I think we're very fortunate with our response time.

Uh so being that you know we deploy it about 150 times, those are all life saves, life lives saved.

But I mean it's definitely in the double digits uh of community members that are lost, and and unfortunately, those are gonna be the ones where you know they're overdo they overdose and just nobody is there to be able to recognize it.

Because the bad the bad part about these types of medications is that it will slow your respirations and you will stop breathing when you're asleep, and you can't do anything about it.

It kicks your involuntary mechanism for breathing, it stops it.

So, you know, when you sleep, you know you're just gonna breathe naturally, but this just stops it, and you're dead before you even know it.

And so that's you know, but uh so those are the kind of the ones that we get, but it's it's in the double digits for sure.

All right, Don.

Thanks for the presentation, it's very important.

Um is the funding give you guys the capability to get one of these in every house, like one way or another.

Well, I don't know.

I would love to have one in every house.

That would that would be a great goal.

I think the uh our goal to initially is that we're probably we're gonna get anywhere between five to ten thousand of these to start.

Um so it's just a balance of utilizing the funds that we have and ensuring that the funds still are continuing, like we're told that they're going to.

Um, but even if we're able to, with our initial start of five to ten thousand, that's a lot.

Um, but I think the goal is we want to make these available to anyone that wants one.

It's a good goal.

And and your slide actually answered my other question.

Like, is it safe?

If somebody's you know, I'm not familiar with all the different symptoms and signs, but if I had the the Narcan from this kit, somebody who's maybe just passed out or something, you know, I would want to it's good to know that if they weren't OD and maybe just pass out on alcohol and you shoot in the nose that it's still safe uh if you don't know, right, Doctor?

Yeah, definitely.

And so, you know, realistically, it's not going to have any major side effects.

What it does is it precipitates opioid withdrawal, right?

So what happens is that opioid binds really strong to the receptors that all of us have, and what the Narcan does is it just kicks it off, and so then people who are uh very uh who are using opioids regularly are a little bit more sensitive.

But for a normal you know, person who doesn't use opioids, then there shouldn't be any other risk to it, right?

So if you do find someone, and we do talk about it on our cards, is if someone's unresponsive and you're you know they're not able to wake up, really there's not increased risk for giving them Narcan, it may wake them up, but then we also have people start CPR as well and call for additional resources.

So, Mr.

Philemon, like even just that one little sprayer, maybe not the whole kit, but that one little sprayer in everybody's car, I mean, would be less than this whole pack, but you hope you never need to use it, but it sure would be nice if everybody had one for the one time that you wish you had it.

Correct.

I mean, uh like I said, you the hard part about drugs, and I'm sure we all understand is that you know, if it's your family member or something like that, a lot of times you don't know.

They're not telling you, people aren't readily giving this information to you.

As much as we sometimes think that we know, even the people closest to us, sometimes we don't know what demons those people.

Yeah, and so you may think like, oh, I may never need it, but you know what?

You're totally correct.

Why not even for just a random person?

Yeah, that's my point.

We don't know who's gonna be around.

You never know when you may need it.

A lot of us keep a lot of things just in case for that one time, and this is something that we'd love to see in every household if we can for that one time.

Yeah, that'd that'd be good.

Andrew.

So the the majority of the calls that you get are even those hundred that those hundred instances where you you've resuscitated somebody where you basically save their lives.

Are the are these primarily is it heroin, fentanyl?

Is it an even mix of everything?

Like what's the kind of overall?

Yeah, I mean, it's it's hard to say.

I mean, we when some things are obvious, and yeah, you know, the patients may say, Hey, yeah, I smoked some fentanyl, right?

And then I passed out.

Or, you know, we have patients who are prescribed, you know, they've got cancer, they have you know some opioids for their uh long-term cancer pain, maybe a fentanyl patches on too long, they took a little bit too much medication.

So we have both situations of you know illicit drug use or people who are uh using their medication and they have like an adverse reaction, which is why now, even with uh any prescription of opioids, Narcan is distributed as well, just for those accidental overdoses as well.

So we have uh a mix, but it's not you know, just specifically heroin or fentanyl.

Um there can be prescription abuse as well as misuse.

Yeah, I think I think an example into to what uh council member Ken Kennedy had mentioned.

So I remember one time I had gone on a call for an for an elderly individual, and he was in his chair with his whole family there, and they had been watching TV or sport, I think it was football.

He had accidentally taken too much of his pain medication.

And because he had taken some and then he was on that and then he forgot he took it and he took some more.

And he was in his chair, just stop breathing.

You know, I mean it was like, and they fortunately they noticed, but they didn't have Narcan or anything there.

We showed up, we gave Narcan, woke him up, he was like, Thank God, you know what I mean?

He he just had he had no idea, you know, and that's how dangerous some of this stuff is.

And so, you know, it's your and that's a perfect situation where it's like, why would I ever need it?

Well, that's a perfect example.

So it is there a certain amount of time from when they overdose till we have time to grab this and administer it, or is it on a case-to-case basis?

Like, what's the time window that you have before somebody passes away?

Well, it it's just variable.

It may be dose-dependent, right?

I mean, someone uh may have you know uh smoked you know some fentanyl, and then you know they're starting to have their respiratory drive uh decrease.

It works quite quickly.

So uh once you're stopped, once you stop breathing, a normal person has about six minutes of apnea time is what we call it, right?

So you're not able to get uh full breath in, right?

So uh within those six minutes, your heart starts to slow down, your respiratory rate slows down, and then you go into cardiac arrest, right?

Because your body needs that oxygen as fuel to continue moving and and continue your heart beating.

So you you know it can be up to you know almost six minutes uh with someone having irregular respirations by the time from the time that they smoked to the time they've passed out, depending on the dosage, right?

So all overdoses kind of anything can be a poison or a toxin.

Uh it just depends on how much of it you took, right?

So uh again, it can be quite quick for people to decompensate.

So once they go into cardiac arrests, you guys have to like jump start them.

Yes, um, would this work?

Or would you even bother administering this once you have to bring them back?

So there is more research coming out that you know they're seeing increased uh survival or uh what we call return of spontaneous circulation, or patients who have gone into cardiac arrest that get narcan and high quality compressions and even an AED on them, they have a higher chance of getting them back, especially if it's done sooner than later when the heart is still kind of quivering before it fully stops.

Thank you.

I can attest to witnessing that firsthand on St.

Patty's Day, I was doing a ride-along when uh there were three people that had overdosed in the parking structure on on Main Street, and two of them were you know suffocating in their own vomit as the police officer showed up.

Thankfully they had the Narcan on them, and one of them was completely out, no heartbeat, no no breathing.

Uh, and they started performing CER and pumped them with the Narcan and brought the woman back after being out for five minutes.

It's like she woke up from a nap.

She was like, What's going on?

Dark ma'am, you were dead for five minutes.

You we need to know what you took.

Uh, but it was incredible how the Narcan brought him back, and and without it, I don't think those people would be alive today.

It's certainly one of the more miraculous things that I've ever seen is someone kind of just you know getting up from the dead when you know, yeah, five minutes before you're just pumping on their chest hoping.

I thought she'd be in pain, but she looked like she woke up from a casual nap and just trying to figure out what's going on.

Don't yeah, one last question, it's just when Gracie was talking.

So, do they have to be unconscious?

Or if somebody was like it smoked some fentanyl or whatever, and they're like flipping out, you know.

Uh if you if you they probably wouldn't let you, but if you shot it in their nose, would would it just take take it out of their system?

It probably wouldn't be very pleasant for them because it precipitates withdrawal, right?

So uh the main goal when we administer Narcan is to really just get people breathing again and to really kind of get them to wake up uh slowly.

So you're kind of you know, just going, you know, smacking all of those opioids off the receptors, and you're gonna induce potentially nausea and vomiting and some discomfort uh because you know they're gonna get that flu-like withdrawal symptoms.

That's one of those things that keeps people uh using opioids.

All right, Butch.

I don't have any specific comments other than to thank you guys and to thank the the command of uh HBFD uh for not only putting out fires and rescuing people and car wrecks and sick people at their uh residences.

You guys do so much more for this city, and I appreciate it.

Fortunately, I haven't had to call you guys yet.

And I hope I never have to, but if I do, I hope you're on duty.

Uh because I'm not too far from the station you call home.

Thanks.

We appreciate your support.

Yep, thank you very much.

All right, anybody else?

Thank you guys.

Great presentation.

All right, from there we're gonna move on to the consent calendar.

Don, you're gonna pull 12.

Uh it's it's really it's really 11.

I don't really need to pull it.

Um, it's 12, you're right.

Okay.

Uh anybody else?

Okay, I'll move to get eight, nine, ten, eleven withdrew, so we don't have that.

Uh 13 and 14.

Second.

All right, can we have a roll call, please?

Councilman Twine.

Yes.

Councilman Kennedy.

Yes.

Mayor Pro Tem McKeon.

Yes.

Mayor Burns.

All right.

Councilwoman Vandermark.

Yes.

Councilman Gruel.

Yes.

Councilman Williams.

Yes.

Consent items eight, nine, ten, thirteen, and fourteen.

Pass 70.

All right.

Don number 12.

Thank you, Mayor.

I just really, it's it's all I wanted to say on this, if anybody recalls from the last meeting, uh, I was questioning why the um the owner of the property just wanted one additional extension to the covenant of affordable housing.

I said, you know, if you want one, you know, we're in a position of leverage, why not ask for five?

Uh, in case he uh actually made a motion that we give him two weeks to come back with a you know a formal uh recommendation, if you will.

So the good news for the seniors is instead of just getting one more year of affordable housing protection, um, they came back with three years.

So I just wanted to point that out.

I think it's a win for the seniors.

Um, and I was happy to see that.

So uh thanks to Casey for that that motion and the the owner for responding in a favorable favorable fashion.

Yeah, thanks, Don.

No, you were instrumental as well, but to your point, I mean, um it was quick turnaround, and I'm glad they came back with three years, so have now three years to um put together a proposal to you know potentially renovate the facility.

Um at which point there might be an option to extend the covenants even further.

So I appreciate staff working on that and having them come back with with the three years.

You want to move it?

Oh, yeah.

Um I make a motion to move this item.

I'll second.

All right.

But you ain't here right now, but go ahead and call roll councilman Kennedy.

Yes.

Mayor Pratem McKean?

Yes, Mayor Burns.

Councilwoman Vandermark, yes, Councilman Gruel, yes.

Councilman Williams, yes.

Item 12 passes six zero one.

Thank you.

All right, we're gonna move on to the public hearing.

Number 15.

Adopting resolution 2025-24.

Approved findings in fact with the statement of overriding consideration, Pacific Air Show Huntington Beach and approve the and authorize the execution of an air show event agreement between the city of Long Huntington Beach and Pacific Air Show LLC, and amend the on-call contract with environmental science associates to appropriate 250,000 for the air show environmental impact report and ongoing mitigation monitoring.

As a reminder to the public, this is a public this public hearing was continued and remained open from August 19th, City Council meeting.

City Clerk, do we have any uh supplemental communications from this item?

Yes, we do for the public hearing.

We have a letter received from the California State Lands Commission.

Item number 15, four emails received.

Hang on a second.

Yeah, bro, it's okay.

Uh four four emails received.

Uh item number 15, a memo from city attorney with updates to the agreement, a memo from the director of community development, Jennifer Via Senor with updates to the resolution.

And that is all for the public supplemental after the agenda.

All right.

Do we have a staff report for this?

Yes, we do, Mayor.

We have our um Jennifer Vicenior that will provide the staff report.

Thank you.

Good evening, honorable mayor and city council members.

Um before I begin the staff report on the EIR, I just wanted to note that in the supplemental communication that I sent earlier today, there were um three documents.

The first was uh revised resolution.

There were just some minor changes, including a date change um to today's council meeting on that one.

On the second attachment, it was a minor change to the CEQA findings of fact and statement of overriding considerations.

There was one additional statement that was added.

And then finally, um we received a late letter from the state lands commission uh regarding the final EIR, so after the final EIR was distributed, in fact, after the original meeting date.

And so um, because they raised some issues regarding um some of the findings of the final EIR and draft EIR, we felt it was appropriate to provide a response in writing, which was provided to the city council earlier today.

So I would note too that if the city council certify makes a motion to certify the EIR, please make a motion to certify the EIR with the revised resolution and revise CEQA findings of fact and statement of overriding considerations.

With that, I also wanted to note that alongside myself giving the presentation today, we have representatives from ESA, the city's environmental or SEQA consultant, Fair and Pierce, the subconsultant, as well as the air show operator that can answer technical questions of the EIR as well as project description questions of the air show.

So EIR number 25003 analyzes and discloses the potential environmental impacts associated with the Pacific Air Show.

Now the contents of an EIR are dictated by the California Environmental Quality Act, which both has uh statute and guidelines.

So the first thing we do when we prepare an EIR is we prepare a project description.

Now your project description has to be robust and detailed enough to cover all of the aspects that you will study in the EIR.

So we worked with the air show operator to develop a project description that would cover not only today's air show aspects, but potential future aspects of the air show, and that's so that we can have a very conservative document, which is a good thing in CECA terms.

So once we develop a project description that encompasses pretty much all of the potential environmental impacts that could result from the air show, we start to analyze 17 topical environmental impact areas.

For instance, um because there's no permanent development associated with the air show, things uh such as geology and soils, right?

Um there are no impacts associated with that because there's no development.

So we were able to scope out a number of topical areas from the EIR.

Um with that, when we take a look at the air show uh impact areas, we assess them uh in relation to established thresholds of significance.

So in CEQA terms, uh impacts are categorized as no impact.

Again, the example being that since there's no development, there's no impacts to geology and soils to a less and significant impact.

And so that uh an example of that might be lighting and glare.

There may be a source of lighting and glare from aspects of the air show on a temporary basis, but once the air show is completed, it goes away, and so therefore that impact can be considered less than significant.

And then finally, there are some impacts that are considered potentially significant, meaning that once we've analyzed them and measured against uh standardized threshold of significance, we found that they are potentially significant.

And once we look at those, we determine if they can be mitigated to a level that's less than significant or below the exceedance of the threshold.

And then finally, there are some impacts that just cannot be mitigated either because they're too speculative, as was is the case of this airshow, um, or because uh there are no feasible mitigation measures.

So once we determine what our impacts are and we've identified the level of significance, we add mitigation measures, and in fact, we have mitigation measures that are uh proposed for wildlife hazards, biological monitoring, and noise.

Um with the wildlife hazards, those can be uh that mitigation measure calls for a wildlife assessment in the event that the air show uh proposes uh on the beach runway, which is one aspect of the project description.

If that's the case, uh this mitigation measure uh would assess any potential impacts to uh wildlife on the beach, and based on what those impacts are, propose um standard protocols uh to ensure that impacts are minimized.

That mitigation measure would reduce the level of significance to that impact.

And then there is a project design feature, uh meaning it's not necessarily a mitigation measure, but uh something that is proposed by the applicant, and that's for biological monitoring during the air show, and that would minimize an already an impact that was already considered to be less significant, but this would ensure impacts are minimized to the extent possible.

And then finally, there are significant and unavoidable impacts that cannot be feasibly mitigated, and we did find those in three areas, which I'll describe in a minute.

So the topical areas analyzed again, as I mentioned, that because there's no permanent construction proposed with the air show, many of the impact areas could be scoped out or would determine to be less and significant in our initial study.

And so the EIR analyzed air quality, biological resources, hazards and hazardous materials, noise, transportation, and tribal cultural resources.

So the areas of significant and unavoidable impacts are in three topical areas, and I think it's important to kind of describe them a little bit more in detail because of how they came to be.

Now these emissions already exceed the significance thresholds for VOC, which is volatile organic compounds, NOX NOx, which is nitrogen oxides, and carbon monoxide.

The area that Huntington Beach is in already exceeds the criteria pollutant levels.

So the added vehicle trips, vehicle traffic to the air show would increase these levels.

And so as a result, we identified this as a significant and unavoidable impact.

There are no real feasible mitigation measures to reduce vehicle trips when we have a large number of people coming to the airshow.

In terms of hazard and hazardous materials, this significant and unavoidable impact was identified because it's very speculative.

Although the city has a local hazard mitigation plan and the air show does provide an evacuation plan.

So it's very difficult to gauge what the response times would be increased to.

So part of what we studied as the project description for the air show, future airshows, would be a multi-day music festival.

And even with implementation of mitigation measures, which includes moving the speakers as far away from the closest sensitive receptors, sensitive receptors being the residents of the condos on the beach that are located off of 9th Street, the other the only development seaward of PCH.

When we move the speakers far away from them, we can only go as far as you run into the ocean.

So moving the speakers would mitigate some of the noise, as well as implementation of some sort of sound barrier or curtain, those two mitigation measures would minimize the noise, but not to a level that's less significant, meaning that the decibel level when it was measured exceeds the allowable the city's allowable noise threshold.

So again, this is for uh feature of the project that isn't currently implemented.

I don't believe it's part of this year's air show either, but if in future air shows this multi-day music festival occurs, there would be a significant and unavoidable impact here.

So the other uh aspect that SEQA requires the city to analyze as part of an EIR are alternatives.

And SQL requires an EIR to identify and analyze a reasonable range of alternatives and a reasonable range of alternatives, includes alternatives that could feasibly uh reduce the project impacts that have been identified, as well as meet the project objectives which are set by the city in working with the air show operator as well.

So the draft program EIR evaluated three alternatives.

The first one, which is required by CEQA, is the no project alternative.

So that's no project, no air show.

As you can imagine, the no project, no air show alternative would result in no impacts from as a result of the project.

The second alternative would be uh using the 2023 air show alternative, and that's essentially not adding the aspects of the project that we put into the project description, a multi-day music festival, a potential runway on the beach, um, some of the other uh activities that are mentioned in the project description.

And then the third alternative is a reduced project uh alternative that would remove the um military jets and the equivalent noise-producing jets.

They're the the loudest part of the air show, and so those were the three alternatives that were looked at.

Um both alternatives two and three would result in less uh impacts than the proposed project air show, although not in in both cases, not all of the impacts would be minimized to a less and significant level.

In addition, uh alternatives two and three do not meet the project objectives to the extent that the proposed project would.

So when we prepare an EIR, we have to put it out for a 45-day public review and comment period that's required by CEQA.

During that 45 days, we require we invite uh interested parties and other agencies to uh comment on the adequacy and environmental issues in the EIR.

We received 16 comment letters during that time, and CEQA requires that we respond to all of the comments that address an environmental issue uh that are rate that were raised during the comment period.

We respond to all of the letters and all of the comments in them and prepare detailed responses in the event that they're necessary to uh address an environmental issue that's been raised.

So once we uh prepare the responses to comments, sometimes that requires uh some changes to the EIR.

So that's uh also part of what's called the final EIR, which would be the comments that we received, the responses that we prepare, and then any text changes that we make either to clean things up in the EIR or as a response to uh the comment letters that we received.

And we do that and distribute it to the city council as well as agencies that commented on the EIR ten days prior to certification of the EIR.

So we uh we publish the final EIR on August 8th.

And then we also prepare a mitigation monitoring reporting program.

In this case, there's three mitigation measures, and that essentially lays out the mitigation measure, the timing of it, so when does that mitigation measure have to be implemented, who's the responsible party, and who's the responsible monitor?

And all of this includes uh makes up what's considered the final EIR.

And then uh as I had previously mentioned that sometimes we have impacts that are significant and unavoidable.

In this case, we identified three, two that are essentially um speculative or for future aspects of the event, and then one that uh is resulting from exceeding uh emissions where uh the emissions are already being exceeded in the South Coast Air Basin.

So when we find those significant and unavoidable uh impacts, the city must adopt a statement of overriding considerations, which is essentially a statement that the lead agency finds that there's specific overriding benefits to the project that outweigh the environmental effects, and in this case, those environmental effects, one is speculative, one is um not part of this project yet, and then the third is uh the criteria pollutants from the vehicle emissions.

So as part of the city council's actions before acting on any project approvals, you will be asked to adopt a statement of overriding considerations, which has been prepared for you.

So now I'll turn it over to uh Travis Hopkins for to talk about the air show agreement.

Thank you, Jennifer.

Um, this item tonight before you also includes an air show event agreement following the oil spill in 2021.

There was a lawsuit filed by Pacific Air Show against the city.

And in May of 2023, a settlement agreement was reached outlining the terms of a future multi-year agreement, air show event agreement with the city.

And that is what's proposed here tonight along with the CIR.

Next.

The agreement here's a summary of many of the terms on the agreement.

There's a 10-year term with three five-year renewals not to exceed 25 years.

Note that the that the settlement agreement had 40 years total, so this is a reduction from that.

There's a reduced parking spaces amount from 3,500 to approximately 3,000.

As we are looking at the number of parking spaces allowed at City Hall.

The Pacific Air Show would not be required to pay permit fees for the event.

Personnel costs paid for by the city include police, fire, and public works for those events.

The city pay um paid for the EIR according to the settlement and ongoing mitigation monitor monitoring by the city.

Any CEQA amendments due to change in scope will be paid for in the future will be paid for by the Pacific Air Show.

There is pending litigation and pending that the end of that litigation, there might be required to renego renegotiate those terms by a third party.

There is parking revenue that 2025 through 2030, Pacific Air Show will collect parking revenue from those city lots discussed in those parking spaces above.

And after 2030, the city will retain $10 per space sold by Pacific Air Show.

And in 2031, the price retained by the city will increase by CPI annually.

RV camping revenue from 2025 through 2030, Pacific Air Show collects a parking revenue from those camping spaces.

And similarly to the parking revenue, the RV camping revenue, the city will retain 100 per camping space sold by Pacific Air Show in 2031, and this would be increased CPI, oh, and it will be increased by CPI annually after 2031.

Travis, that's for the three days of the event, right?

That is correct.

Those are for the three days of the event.

There are some other terms for when they loan in and load out for spaces, the 600 spaces that they would use to provide the event.

So here's some more summary of the agreement.

These are obligations required by the air show.

Oh, excuse me, and secure all federal, state, and local permits.

They will have need to restore the property at their expense after every air show.

They will have to comply with all applicable laws, city rules for the duration of the event, require liability waivers from all event participants on a city approved form.

They will have to provide provide all operational resources for them to provide the event other than the city resources discussed earlier.

And they will do use local suppliers for reasonably possible and legally permissible, and they will required to maintain insurance coveries during the event.

The city has obligations as well on this next slide.

So the city will grant Pacific Air Show exclusive event rights for an annual air show in Huntington Beach, disallowing competing air shows or aerial performance events during the term of the agreement.

They would work with Pacific Air Show on event dates, ensuring that event does not incur occur between March 15 and September 15th to protect the Bolsa Chica nesting season.

The city will provide the Pacific Air Show exclusive use and monetation rights of city parking as previously discussed, minus the funds the city will receive.

And the city will waive any costs for public safety, marine safety, police fire, application fees, permit fees, beach maintenance fees, set up and takedown fees, banner replacement fees, public works, electric electrician, electrical and restroom maintenance fees during the event.

And the city will assist Pacific Air Show in mitigating third-party costs using city resources and indemnify the air show for SQL challenges caused and undertaken by the city.

So there are uh with this, we're coming to the recommended actions.

And um, and I might have Jennifer hit the first ones because we have some additional.

So essentially we're recommending that um the city council certify EIR number 2500 three for the Pacific Air Show because it adequately analyzes the potential environmental effects associated with the Pacific Air Show, which is one of the requirements of CEQA.

It identifies project alternatives pursuant to CEQA, provides mitigation measures to lessen the project's impacts, and has been prepared in accordance with the California Environmental Quality Act.

Uh the second action would be to approve the CEQA findings of fact and statement of overriding considerations as revised by the late communication.

Um the next two recommended action is to um approve and authorize the mayor and city clerk to execute the air show event agreement between the city of Huntington Beach and Pacific Air Show LLC for the management and operation of the Pacific Air Show.

And additionally, we have um one other item is the city is completing the um EIR report, um, provide authority to the city manager and city attorney to amend the on-call contract with ESA to appropriate an additional 250,000 dollars for the airshow environment environmental impact report and ongoing mitigation and monitoring and bring the on-call contract to a 1.1 million.

And that and that is the report, and um you can continue with the public hearing.

All right.

Uh any council members, do you have any questions about the report?

Cheb.

So uh thank you, City Manager.

What's the the total cost uh this year?

What's it looking like for police, fire, public services, and and all the city services and waiving all the permits.

What are we what are we looking at?

So we're estimating about 253 um thousand dollars, or two maybe 260.

And you had uh given me a number a little bit north of 300,000.

How do we get to that?

So in the staff report, as we were putting this together, we estimated prior to a $300,000 number for that.

Okay.

So is it estimated $300,000 then?

Um, so right now our estimates $253.

As we got closer to the air air show, we um evaluated what costs it would take to do it.

And does that estimate also include beyond just doing the air show, does it include an event at night, or would that require more police, more marine safety, more um this year there uh there isn't um uh contemplation of a musical event.

I think that's what you're speaking about.

Um and if there was one it it could cost more 250, no contemplation of live event.

Correct.

Okay.

Um I've got a question about the future aspects.

You had mentioned um how long will those future aspects for the the EIR is it is it good for about 10 10 years, is it?

Yeah, the EIR is evaluated for 10-year period from 2025, I think to 2035.

Okay.

And then my understanding is we have biologists that are coming out twice a year to do surveys.

I think it would be once a year before the air show and maybe during the air show.

Right.

Okay, so is that twice, twice a year?

Yeah.

Before and during?

Once before the air show and one during two during and once before.

During and once before.

Okay.

And then uh suppose they find some type of environmental change.

Uh is it possible that we could be forced to uh make an addendum to the EIR if there's an environmental change?

No, so if there were some sort of finding, then um we would document that, and then depending on what that finding was, there might be a protocol that goes into place.

We may work with the um air show operator on the next year's specific event permit to advise them of whatever that issue is, um, but you wouldn't do another environmental report.

Your environmental re impact report is based on a baseline year.

Okay.

So if there was any kind of environmental discovery, just suppose they found you know butterflies, you know, or bald eagles, right?

Uh, would that require more research on on our part?

Would we be on the hook?

Not necessarily.

It depends on if I mean just the the presence of wildlife or even the threatened species, doesn't necessarily mean there's an impact.

It would have to be what is the what impact is caused by the air show, and is it a significant impact?

Is there um uh a result that is being caused by the air show that is somehow um resulting in a detrimental impact to whatever the species is that's found?

Okay.

And then if this EIR for future aspects is good for 10 years, uh, so we would be needing to do another EIR at year 10, I presume, and then if we do sign off on this contract at year 10 and then at year 20 as well.

It depends.

So it may not be another EAR, it depends on what the circumstances are in 10 years.

We would essentially evaluate it like we did this time around and determine if there's impacts.

There could be any number of environmental documents from an exemption to an addendum to a full EIR or a negative declaration.

Okay.

Thank you.

Anyone else?

All right.

Uh City Clerk, do we have anybody uh signed up to speak?

We do, Mayor.

We have eight people signed up to speak.

Okay.

Individuals wishing to um provide a comment on this item scheduled for public hearing, may do so by filling out the request to speak form, delivered to the city clerk.

All speakers are encouraged but not required to give their identity of themselves.

Uh each speaker may have up to three minutes, unless the well, I'm gonna give three minutes.

Um city clerk, three minutes, yes.

Mayor, did I hear you open you opened the public hearing?

Um I am oh no, I didn't.

It's open now.

And uh now we can call the speakers, right?

Thank you.

Yeah.

Okay, we'll call your name.

Uh Sonia Beal did not list a number that she was speaking for.

Amory Hansen, Rick Brown, Russ Neal, Diana Phillips, Bethany Webb, Grace, Stephanie DeFour.

Oh, I did.

I did earlier.

Well, go ahead, ma'am.

Okay, thank you.

We cannot trust Kevin Elliott of Code 4 to abide by any rules.

Remember, he didn't obtain permits, and he doesn't go by the rules.

Remember this, city council knows these things and they stay quiet.

Number 16.

Remember Travis Hopkins, city manager who submitted the alcohol proposal.

He was appointed by the city council.

Remember when I remember when the City of Huntington Beach was a healthy lifestyle, parks, beaches, wetlands, a quiet Fourth of July, not a war zone.

The city council agendas is more about sensationalizing Huntington Beach than protecting it.

Have you guys really ever been on the wetlands and saw all the natural life that's there?

You're talking about eagles or whatever.

The it's it now that's sensational.

You're sensationalizing things that destroy things.

We don't even can't afford this.

Think have some integrity, have some character.

I'd appreciate it.

Gracie.

You're out of line with your city uh council seat for your agenda about the special election at the end of the year.

We're just dealing with this one item, ma'am on the case.

The real issues, Huntington Beach tax paper.

Ma'am, stick to the issue.

Just stick to the issue.

Mayor Mayor, before you move up.

Before you move on, I just wanted to.

I just wanted to clarify that the public hearing had remained open.

You didn't need to reopen it.

Yes, that's correct.

And please, you guys stick to the issue.

Go ahead, next speaker.

Good evening.

I'm here tonight to voice my strong support for Pacific Air Show in the city's efforts to ensure it remains right here in Huntington Beach.

This event has not only become America's most preeminent air show, but it's also one of the most anticipated events here in Huntington Beach each year.

First, let's acknowledge the operator.

Pacific Air Show is presented, managed, and delivered by Code Four, one of the most professional event operators in the world.

The Australian government was so impressed with what they saw in Huntington Beach, they invited Code 4 to replicate the air show on the Gold Coast and creating an international success story that began right here in Huntington Beach.

Now let's look at the numbers, and the impact is undeniable.

Each year, over 700,000 attendees come from outside Huntington Beach.

That generates 120 million dollars in direct impact to Orange County.

70 million dollars in impact spending flows into Huntington Beach businesses, restaurants, hotels, gas stations, and shops and more, whether you like it or not.

And most importantly, for this chamber, the event contributes roughly $4 million annually to the general fund.

When you compare the settlement costs to retain the air show and the economic impact, it makes sense.

The city negotiated a 4.9 million dollar settlement amortized over seven years.

That breaks down to 1.9 million upfront and 500,000 annually over six years.

At the same time, Huntington Beach secured a 5.2 million dollar lump sum payment from Amplify Energy settlement last October.

That settlement alone offsets the entirety of the air show agreement, leaving the city in a net positive position.

So let's put that in perspective.

Over seven years, the air show will generate an estimated 28 million dollars to the general fund.

You add the direct impact to the Huntington Beach businesses, nearly a half a billion dollars over the same seven years.

If you do your math uh accordingly, you'll see that.

And you'll see the air show is the most powerful economic windfall that the city has.

But beyond the numbers, the Pacific Air Show has elevated Huntington Beach's profile worldwide.

It showcases our beach, our community, and our ability to host world-class events.

It draws visitors that might not ever come to hunt to Huntington Beach, and many 91%, by the way, return year after year.

That's an immeasurable marketing value that most cities can only dream of.

In short, the settlement isn't just about resolving a legal matter, it's about investing in Huntington Beach's economic vitality and it's a reputation and its future.

The Pacific Air Show has proven to be a signature event that brings pride, prosperity, and international recognition to Surf City USA.

So for those reasons, I urge support to uh for the Pacific Air Show to remain in Huntington Beach for years to come.

Thank you.

Thank you.

Next speaker.

Bethany Webb, uh, 40 plus year resident homeowner of um in from Huntington Beach.

I use the homeowner part um because my taxes are going to um public enemy number one, Kevin Elliott code for Pacific Air Show.

As I mentioned before, we can have an air show, a free one with the Blue Angels.

That's it, they haven't sued us.

Okay.

In a court case, again that they lost.

Remember this, they lost the same exact court case that we settled with them, and the judge didn't even have to hear all the evidence.

There's an arbitrator right now that's going to come back and kick a lot of this out.

I'm gonna say this to the people that are up for election.

This is on you.

Okay.

Chris Seldos running away to run them way for assembly.

That's going to be a no-brainer.

But the rest of you that are up, this is gonna follow you.

And this is the taxpayers.

You're gonna run as conservatives.

This is not a conservative, this is a giveaway.

If you looked at those numbers there, this is something we're getting screwed and not kissed with.

This there is no upside to this.

We are paying for everything, and we get nothing back.

As far as Huntington Beach's reputation goes, I was out on uh Monday on Labor Day, and it was dead.

We're not attracting people to Huntington Beach.

We lost the Olympics because your mega agenda is alienating people from our beautiful city.

You want us to pay because the your buddy Kevin Elliott's paying for your re-elections for your uh this is a pay for a play, and that's gonna be shown with the real attorney Rob Bonta gets done, looking at the evidence and the deal that you guys made.

So I suggest if you plan on running for anything, make sure that you put on your resume that you voted for the air show, that you saw the numbers that we just saw, and that you screwed Huntington Beach so that you could get donations to your individual campaigns.

We won't forget it.

When we're paying our property taxes, and we look at the giveaway that you guys gave, and by the way, for those of us that walk the wetlands and know what the um environmental impact on our beautiful wetlands and our beaches are, and we're not even paying, they're not even paying for that.

This isn't a business deal.

This is a pay-for-play giveaway to your donors, and we're watching you.

We understand this, and this is not over.

Next speaker, please.

I'm here for my strong opposition against the Pacific Air Show.

I am a member of a gold star family.

My father, an Air Force jet pilot, died during his mission when his parachute failed.

My stepfather was also an Air Force jet pilot.

And I grew up attending air shows.

A lot of air shows, and I loved them all.

I looked forward to it, and I looked forward every year to the Pacific Air Show.

I did.

But that changed.

When I learned the owner is bilking HB citizens out of millions through a shady settlement deal.

An event that is meant to honor service and inspire pride, should not be built on corruption.

The Pacific Air Show dishonors the values of integrity, transparency, and respect for those who serve.

And at least it betray HB citizens.

Alternative number one.

No project, no air show, move it to an alternate space.

Next speaker, please.

Thank you, Mr.

Mayor.

My name is Mr.

Amory Anson.

I'm speaking tonight in support of I am 15, the Great Pacific Air Show's environmental and pepperport.

I truly believe the Great Pacific Air Show will provide great economic benefits to Huntington Beach, as has done several previous years.

The air show also encouraged coastal access.

I urge the council to grant the permit for Huntington Beach's finest event.

Once again, I'd say yes vote.

I am 15.

Thank you.

Thank you.

Next speaker.

I am pleased to see the uh air show, which has been a great success and a real annual highlight for Huntington Beach, enjoyed each year by thousands of residents and visitors continuing.

I believe most of the opposition to the air show has been manufactured issues on the part of local opponents of the council running to the state auditor or coastal commission to make trouble over nothing.

I've read the settlement and don't see the so-called giveaway.

It just lays out a framework that is still subject to annual contract negotiations, as we have seen presented tonight.

As to environmental damage.

So many of us enjoy.

Thank you.

Thank you.

Next speaker, please.

Good evening, Mayor and Council members.

My name's Stephanie Dufour.

I'm a 47-year Huntington Beach resident, homeowner, and business owner.

I raised my five kids in Huntington Beach to love and protect our local beaches.

Now I'm teaching my grandchildren to do the same here.

As an active local surfing family with business and community interests, I felt compelled to come down here tonight and address the air show problems.

Just I have a lot of friends here, so I'm really nervous because they're probably on the other side.

But I'm not here to criticize patriot patriotism, but to advocate for responsible public spending, coastal protection, and smarter economic planning.

The air show has been promoted as a revenue driver for our city, but it's important to ask at what cost to the city, to our beach, and to the community that lives here year-round.

City documents show that more than 4.9 million in direct payments, over 500,000 in environmental costs, and large amounts of waived revenues from fees and parking are committed to support this one private event for years into the future.

We're told it fills our hotels and restaurants and provides tax revenue to the city, but so would a variety of other alternative healthier events.

These events wouldn't be disrupted by oil spills or marine layer fog.

Imagine Huntington Beach hosting more sustainable surf festivals, international beach film and art showcases, coastal culinary weekends, conservation and sports expos, family-friendly daytime music festivals.

These events can bring eco-conscious tourists who stay in our hotels, dine locally, and leave with good memories.

As a mother and grandmother, I want my kids to inherit a healthy coast.

As a business owner, I want smart city investments.

And as a surfer, I know we can do better for our coast.

It's time to end the air show.

Let's event invest in events that bring revenue and reflect the values of a city that treasures its precious coastline and community.

Thank you.

Thank you.

Next speaker, please.

I encourage you to not adopt the statement of overriding conditions.

I'd encourage you to come to your census and vote no for any additional air shows promoted by Kevin Elliott for his Pacific Air Show LLC or code 4.

Mr.

Elliot and his company has failed for a number of years to obtain the necessary permit from the California Coastal Commission, as we all learned from the recent hearing.

His company has agreed to pay a fine as a penalty for f prior failures.

And his permit application this year was laid again.

This is obviously an organization that does not carefully follow the law and yet has been allowed to pursue additional air shows.

If the event is approved by today, it will be able to continue for years.

As evidenced by the air show event agreement, the city is agreeing to give over an extraordinary amount of money.

Why?

You're giving away exclusive use of parking and the monetization of it, waiving city fees, covering city employment costs, uh covering other costs as well.

You're going to assist them by mitigating third-party costs, providing city resources, you're going to pay for the EIR, you're going to pay for which is usually done by the event promoter.

You're authorizing an additional 250,000 for environmental mitigation.

And again, usually this is the promoter's expense.

And you keep claiming that all of this money is brought into the city.

Prove it.

There's got to be some way to prove that there is some modicum of data that is available to show that the money does come to the city and the region.

And if you can't, you know, Mr.

Elliott says that he doesn't make money on this.

And you to me, this would be the ultimate bad business person, and yet you're continuing to want to work with him.

And it you're further, you're indemnifying his organization for SEQA challenges, and you're gonna stick this to this future city councils because you have the long-term renewals.

This is just simply outrageous.

And yet you've covered yourself with paragraph 27 of the with the event agreement, and I beg you to please require Mr.

Elliot and his companies to provide reasonable data, verifiable data of the money that's being brought to the city because that is the only justification you have for doing this.

So prove it.

Next speaker, please.

All right, uh, let's try this again.

Diana, 21-year-old year, homeowner of Huntington Beach that has lived through the air shows, the US opens and everything.

I can tell you that the air show is imperative for Huntington Beach for the fact that the U.S.

Open has been failing miserably to bring the people into Huntington Beach.

We have also seen the low amount of people.

I mean, I walked the wetlands and the beach this last Labor Day.

There was nobody at the beach.

There was no families at the beach.

I mean, we are not.

It's it's really sad to see that people are not coming down to the beach.

The air show brings so many people, it brings camaraderie, it brings patriotism, it brings so much remote the city and other cities around us.

The birds don't know how can they do impact studies?

The birds can't talk.

The birds are just fine in the in the in the wetlands.

They're just fine.

Why can't we have good business?

Why can't we have business that brings in more business that brings in more people that want to come to Huntington Beach?

We want to be a family-friendly community.

We want people to come.

We want people to come from out of state.

That's why we want to have the air show.

That's why we want to make the U.S.

open big again.

We want Huntington Beach to be a surf city.

We we fought hard to have that name.

Why don't we build on it?

Why don't we work hard to build this city to be what it should be?

It is we've got the world is our oyster, and we're letting corporate greed with the air show.

It's not corporate greed.

It's bringing in revenue.

It's bringing in people to Huntington Beach, putting on the red, white, and blue, and watching those beautiful planes go in the air.

Maybe find a better time in the during the year where we don't have the marine layer.

But when they called it off for that spill, as a as a person, I was like, who did that?

That's wrong.

You know, it's just, it was just not that person's responsibility to do it.

The air show brings money.

The U.S.

Open brings money.

We need to bring revenue so that we can make a great community.

That's what we want.

We want a wonderful Huntington Beach.

We want to grow this place, not to have not have air shows.

That just brings good business.

That's what we want.

I don't know.

That's just what I want.

People to be happy and to have good.

Just can't we make Huntington Beach happy again?

Can we just make it pretty again, please?

Next speaker.

Okay, let's connect the dots for the record.

We have an LLC, Pacific Air Show, Kevin Elliott.

We have code four with Kevin Elliott.

The LLC pays all the money to our code four and says we don't have any money and ask us to pay for it.

We have signs made for Butch Twining, Don Kennedy, Casey McKeon, Pat Burns, Gracie, Chad, probably in the future for you too, Andrew.

Campaign signs made by none other than Code Four.

Who's in charge of code for?

Kevin Elliott.

We have events that are staged by Code 4.

Events for Butch Twining, Don Kennedy, Casey McKeon, Pat Burns, Gracie, and Chad and Andrew Gruell.

Who pays for that?

Kevin Elliott.

Who's voting for the air show?

Butch Twining, can Don Kennedy, sorry, Casey, Pat, Gracie, and Chad.

Do you connect the Dodge yet?

Do you see what's going on here?

I think the taxpayers do not want to pay for the bribery, the corruption that seems to be going on in our city.

Again, talk to Brian Thinas.

He has some money.

He can pay for some of the airplanes.

But we don't want to pay for it.

And you should be ashamed for this bribery.

Next speaker.

Next speaker, please.

All right.

Yeah, call call the next uh that's that that's all we have.

That's it.

We called all eight.

Okay.

That's beautiful.

Was there anybody that didn't come up to speak?

No.

Okay.

I'm gonna close the public hearing.

And uh any discussion from council?

Yeah.

Don.

Thank you, Mayor.

Just want to make a couple of points here as I listen to the speakers and appreciate your time, speakers.

So one of the speakers said, hey, the blue angels will will do it for free.

So I took a quick search here and said, Will they do it for free?

Then it says, Yes.

But let me say what it says.

Even when admission is free, the Blue Angels isn't cost free.

Cities or organizers typically cover the following operational costs, logistics, crowd control, security, shuttle systems, and marketing.

For example, Jacksonville Beach, just in 2025, paid over 200,000 to have them come for free.

So that's not really true.

Secondly, um look let's break down the numbers here.

So let's say that the uh the public safety cost is 300,000, fee waivers cost us 200,000.

Um these are you know, I'm just extrapolating some estimates, and we pay the 500,000 for the next five years.

That's a million dollars.

The Pacific Air Show is the number one most attended air show in the entire United States.

You can look that up, attracting over three million visitors, number one attended uh air show in the country.

So when you have three million people show up at your beach, rest assured, you're gonna be able to prove that you made at least a million and one dollars.

So just like Uber's losing money, he can lose money and still put on a show because he's hoping to build an international brand.

It takes time.

So let me make a statement here that I think everybody can agree with.

Um, a successful air show that creates an incredible experience for families, builds up our national and international profile, increases commerce for all our businesses, and creates a profit both for the promoter and the city.

I would imagine everybody could agree that that's a great thing.

So in addition to that, cities subsidize promoters all the time.

Just look at how much money LA spent for the LA marathon.

It wasn't free.

They spent a fortune to attract that.

You know how much money Gavin Newsom spent to attract the World Cup and build seawalls and everything else?

So cities do do that.

They subsidize promoters in events to bring the commerce, bring in the people.

That's what cities do.

So let me look at the rest of my notes here.

So yeah, you know, the cities do subsidize.

That's a fact.

Um, by the way, uh Dade County to bring FIFA, they committed 21 million dollars in direct cash.

Dade, Miami Dade County up to 25 million in in-kind, including police, fire, and paramedics.

That's just to bring the FIFA World Cup.

So that's close to 46 million dollars.

So don't make the statement that cities don't subsidize promoters.

It's factually incorrect.

And if you want to see proof, look at the three million visitors.

We'll prove it.

We provided a report for you guys, and even though they provided an economic impact report, you didn't believe it.

So provide your own.

Prove it that it isn't in the fund.

So I am 100% behind the Pacific Air Show.

100% behind the agreement, and let's keep this show on the road.

Casey.

Can I ask?

Sorry, can I ask Don question real quick?

Just one I'm not a back and forth, just the 1.1 million number.

Was it 1.1 that you said?

Yeah, I said that for costs.

Okay.

I just that was 300 for the police and fire, 200 for fee waivers, and 500 to code for for the next five years after that.

Let's just call those hard cost 500 grand.

Not what uh pro forma, just costs.

And then were we were we netting something?

Did I hear that?

That we're we should expect to get one.

Well, I would imagine if you have a hundred if you have a million dollars committed, and you attract three million people, and you're the number one uh attended air show in the country, and you have TOT, you have sales tax, you have jobs, you have goodwill, but just pure dollars.

I would imagine we could trace back at least a million and one dollars back to the general fund.

So that's a profit.

I'll just check it.

Thanks, all right.

Oh my mic will go.

I just think it's important to uh you know go through the history since myself and my colleagues that were elected in uh 2022 have the most experience with this issue.

So if you guys recall, we were elected in 2020 2022.

We actually walked into an ongoing lawsuit uh with the air show on the city for whatever reason the previous council had refused to meet with the the uh event holder to prevent litigation, so litigation was a result.

So we walked in and had a hard decision.

Let it go to trial.

We may or may not win.

Um there's arguments on both sides, but uh in that situation, and the air show is not going to come back.

It was gone.

So we made a decision to choose a different path to try to save the air show.

And the previous settlement agreement, I think everyone understands like no one's happy with it, but that's what it took to save the air show.

So, as a recap, that was 4.9 million in payments with payments spread out over six years, actually seven years.

We then did what the previous council did not do, and we sued the oil company, Amplify Energy.

We brought back $5,250,000 back.

So, in one lump sum.

So if you net president value that, it's actually that was actually a better deal for the city.

It wasn't $7 million, as some people had said, because we didn't use the air show's damages to supercharge our settlement.

It was 4.9 with payments spread out over seven years.

So as I mentioned before, we'd always were hopeful that we'd have an opportunity to negotiate better terms in that settlement agreement, and which we've done.

So instead of the 40 years, it's 25.

Instead of the 3,500 parking spaces, it's actually closer to 3,000 with more defined areas, which is critical.

Importantly, now we have the ability to obtain parking revenue in year six with annual CPI increases on the demand that the air show creates in October.

If you guys have driven by our parking lots in the summer months, those parking lots are not full.

The parking structure on Main Street is not full.

But yet it will be on a non-summer weekend in the first weekend in October by the demand the event creates.

We'll be able to share share in that parking revenue.

And we also negotiate tighter contract uh terms that protects the city.

As Don touched on it, this is the premier event in the city, and I would say on the West Coast, right?

Now with the stability and surety, we can it can be built to be so much more robust with potential sponsorships.

We've even talked about creating like an aviation convention during that week of the air show to fill the hotels convention space, their group sales to supercharge their transient occupancy tax that it brings to the city.

Think about SpaceX, Boeing, Andoril, have a convention during that week, an aviation convention on the on the West Coast.

It's already proven that it can be a success.

In 2018 and 2019, it was voted the best air show in the country.

That's the only time that you can clap for that.

So that's the only time that's ever happened.

That uh air show has been voted twice as the best in the country, yet alone in consecutive years.

Um, as mentioned with this pervea on the West Coast, there's also immeasurable amounts of marketing that puts HB on the world stage.

The free marketing that this brings to our city is massive.

And it's hard to quantify what that financial amount is, but it's huge.

The air show creates, as Don touched on in one of the speakers, 120 million dollar economic impact to our local economy over three non-summer days with 77 million dollars in direct spending.

The air show brings in those arguments, millions of dollars of sales tax and hotel transit occupancy tax revenue.

If people argue with the 3.7 million or 4 million that one of the speakers mentioned in the economic impact report, I think it's safe to say that we can all agree that the air show brings in at least a million dollars in tax revenue.

In 2022 and 2023, the city brought in 53 million dollars in sales tax revenue, which is slightly over a million dollars per week.

The city also brought in 14.4 million in TOT tax revenue, which is roughly 300,000 per week for a total of 1.3 per week in sales tax and TOT.

The air show, of course, contributed to that million three per week.

And every retail business owner I've spoken to over these years, from restaurants, SAMIT shops, they all say that the air show is their busiest weekend of the year by far.

It's not even close, and their sales are up 25 to 30 percent just in that weekend alone.

So if the air show is here for 25 years, bringing in at least a million dollars with as Travis touched on, the cost of 250,000 per year.

That's a 233% return on your investment before counting the $2 million in parking revenue we will achieve off of the demand the air show creates.

So if you add that into your ROI, that's 260% return.

Most people get really excited about a double-digit ROI, yet alone a 260% return.

The air show also brings in ancillary economic benefits, like I said, with the global attraction, the hundreds of thousands of millions of visitors.

Someone touched on it, 90% 90% said they will return to the city, which means more economic impact from the money they spend on their return visit.

Other large-scale events have seen how successful the air show has been on City Beach, shows that we can put on large scale events like that, and they want to be what they want to be a part of our city.

Darker waves was a huge success that concert two years ago.

They're working with other large events on City Beach, like a rodeo.

Because they we've proven that we can do it.

Big point, the Coastal Commission approved the air show.

And the Coastal Commission doesn't improve much, but they approved the air show.

Like I said, it's already been a proven success.

18, 19, 20 COVID, 21 oil spill, a lot of bumps in the road, but so much room for growth, as Don touched on.

It's the largest air show in the nation.

It supports our troops, and it's their number one recruiting event for the Department of Defense.

The military ranks it their favorite air show in the country because of the location, Huntington Beach.

And that HB provides a family atmosphere for them and their families.

They rave about it all the time.

It's the first air show to be nationally broadcast.

It was broadcast on Hulu.

And like I mentioned, we really want to push to explore the creation of that aviation convention, which would be amazing.

And look, Don touched on it.

I understand there's heartburn regarding concessions.

But cities provide concessions to large-scale events all the time.

Don touched on some great ones.

Oh, so here's some more.

Comic-Con San Diego invests in public safety, traffic management.

The America's Cup, San Francisco invests in infrastructure and waterfront improvements.

Coachello Valley, the music festival.

They invest in uh infrastructure support, security, traffic management for the event, et cetera.

The Rose Bowl, the LA Marathon, Don touched on.

Speaker Tosh talked about the Australia Gold Coast Pacific Air Show.

That city's actually paying the air show 1.75 million dollars per year for five years, and they're covering 500,000 a year in public safety costs.

And it was so successful that the city has now come in to another 700,000 a year to continue continue to go to the event.

And you guys talk about the Olympics.

In order to land the Olympics, if we won the Olympics, we probably would have had to invest $8 million in infrastructure that may or may not have had secondary uses.

So it's it's false to say that cities don't do this all the time.

I personally believe the air show economic benefits and the ancillary benefits far outweigh the 250,000 dollars in costs we're paying and the demanded crates in parking revenue, and I fully support the air show.

Thank you.

So I won't repeat a lot of uh what council members Kennedy and McCann said.

Completely agree with them.

Um the air show benefits businesses downtown.

If you go downtown and you ask them, do you want the air show here?

They say 100% is the busiest time for them.

It also attracts tourists that wouldn't have otherwise come to our city, with over 80% of them saying they will return.

And that's thanks to our streets, our law enforcement, first responders who are tending the air show, making sure that it's safe for everyone.

They make a great impression on people to come around.

So does the air show benefit us?

100%.

There's no question.

Did we have to make those concessions?

Yes, we did.

But as Mr.

Councilmember McCann and Kennedy said, many other cities do the same thing.

The air show being the largest um event here in Huntington Beach is very significant.

If we were to lose it, we would lose it more money than what we are actually offering the air show.

So I agree with what you two said.

There's no need for me to repeat all of it, and I'm a full support of the air show.

Butch.

I just want to say a couple words about code four and and Kevin Elliott.

I've known Kevin Elliott since in the first time I met Kevin Elliott.

I was still working.

I've been retired for close to four years now.

But I I go back and I maybe I always tell people this.

I don't know if it's true.

I think I'm the only guy in my company.

Uh went, you know, goes back to the very first air show, and we have always gotten a chalet.

We didn't always get it for all three days, but most of the time we got it for all three days.

That's how I got to know Kevin Elliott, not through campaign signs.

Um Kevin, Kevin, and you you guys all a lot of you guys have said that, you know, Kevin obviously rolling in the money and money's just coming, money's just coming.

Do you have any idea how much he invests to get this show on the road?

Uh chalets, walking, you know, the walking paths, uh, the fencing, the the um uh catering, uh, all that stuff.

He he puts up the pilots and their families.

He he rents out two hotels in uh over by uh Bellaterra.

He puts up the pilots and their families.

Uh fortunately, we have particularly some guys here that were actually here earlier.

The the the what do they call it?

The Volkswagen Bus Clan Club.

Uh he has a huge party for all the pilots and their families with hundreds and hundreds of people there.

He's spending money like to make things happen here.

He's it's not all rolling in, you know, cash all the time.

He makes a huge investment.

Him and his partner uh I see you.

Uh Eric, they they they dump a ton of money in this thing in hopes of you know making a return.

Did they make a return last year?

Zero.

There wasn't one plane that anybody saw.

You think he took a huge bath on that?

Of course he did.

You know what he did to all the ticket, you know, all the ticket holders?

He made a big announcement on both days that says, you guys, we're gonna honor your tickets next year.

So come back with your tickets next year, this year, and he's gonna honor those tickets.

He's gonna take another hit.

So give the guy credit for being a businessman and and investing his own money to bring a uh world class event to Huntington Beach.

I give you credit.

I love the Pacific Air Show, and I will vote for this.

Thank you, Eric.

Thank you, uh Kevin, and thank you, Cope for Not everything's about money, everything's some things are about the experience and uh long term what it does, and this is right up there.

It's just uh it's an experience, it's good for our city.

Yeah, you know, I don't like going to the gym all the time, but I think the long bur term benefits are gonna benefit me, my family, and everything else.

And I think this is kind of the same way.

We paint our house, we put a new roof on, make it last longer, maybe make it worth more.

And this is just an investment in things we gotta do in life.

And I think in the long term, this is gonna benefit our community, our city, our state, and everything else.

And I'll tell you, I've never had a bad experience even in the fog last year.

It's just uh I think in the long term we're better off for it.

So I'm all for it.

And with that, I think we're gonna I think we're gonna call for a vote.

Oh, wait, Chad.

Did you want to speak at all?

Okay.

I want to start off by saying that I absolutely love the air show.

I love the sounds of freedom, what that represents going overhead, uh, especially, you know, being a veteran and you know, overseas and and hearing that sort of air support, it's almost like the second coming of Jesus.

That's your support right there.

And it's the worst sound in the world for the enemy.

And for the longest time, even during the campaigning, uh, you know, we we were kind of alongside these folks of, you know, we want to save the air show.

The air show is so important.

I love the air show.

I love Kevin Elliott.

And I think it was wrong what happened on on Sunday, uh, the way that the air show was canceled, and I do believe that he should be made whole for that.

It cost him.

Um but at the same time, when I look at these numbers from destination analysis, and I really roll up my sleeves and do a cost analysis to figure out if these numbers are accurate.

I I hate to say it, but I I just don't see it.

In fact, in fact, when I do my research, I find quite the contrary.

And I think it's so important for us to be doing a cost analysis to figure out we don't have answers right now in terms of what type of TOT do we actually make?

That's transient occupancy tax.

What does the city actually get?

What kind of bump off of the air show?

What type of benefit does the city actually get in terms of cell tax revenue?

What type of benefit does the city actually get in terms of parking revenue?

Well, moving forward with this agreement, we won't see any of that parking revenue at least for the first five years, and then we get ten dollars on a spot after that.

And so the Fab Four, they had campaigned on saving the air show.

I love the air show.

But at what cost?

And I know that you folks take what we have to say, because you many of you, you do look to us and and you trust our word.

And you take what we have to say and considerate.

If I tell you we're gonna make 120 million dollars, a lot of you won't go to fact check that.

You'll just take my word on that.

When you really look at the money that's coming into our city, the numbers are a loss.

We don't know what we're making on that TOT.

There's there's so many numbers that we do not know, but we can know if we simply just go and do an audit.

If we get an economist to go and do the numbers, we can audit these precise numbers.

None of the other council members have gone to the hotels just to simply ask them, do your due diligence.

How much money are we actually making on the air show?

What kind of a bump do you see in terms of room fees?

Because it's not like those hotels would be completely empty three days of the air show.

There is a Friday, Saturday, Sunday before the air show.

There's a Friday, Saturday, Sunday after the air show.

We should be asking how much are you actually making on those rooms before the air show, after the air show, and on the air show.

Then what's the delta?

What's the difference?

We're told by this destination analysis that $700,000 comes to the city from the air show through the hotels.

But when you actually go dig into those numbers and when you you call them out on it, you find out that that $700,000 isn't really $700,000 direct to the city.

What you discover is that they're accounting TOT for all of the surrounding hotels.

They are counting over $11,000 rooms.

We don't have that in Huntington Beach.

They also add up the parking fees that we're not going to be getting anymore in the future.

When you look at the taxes directly to the city that we will receive, it's not direct to the city.

There's a little asterisk, there's a little parenthetical statement where it says that this is actually county taxes and localities.

And so you see this number, $3.7 million that comes direct to the city, and that sounds exciting.

And even if the air show costs us $1.1 million, hey, a 3.7, that's a 2.6 net.

How could you lose?

But when you really look at that 3.7 number and you whittle it down, that 700 is not a 700.

And the biggest chunk of it, 2 million of it, there's a little asterisk next to that 2 million.

You know what it is?

They say that it's increased property tax revenue.

That people coming to the air show somehow this will increase property taxes because it adds value to our homes, and then the city collects on that.

How do they come up with that number?

And over the course of what time?

Is that two million per year?

Is that two million over the course of 40 years?

And when you ask those questions, a group like destination analysis, that's when they hide behind.

It is a proprietary methodology.

And so we don't really know what we are receiving off of the hotels and the hard costs that are to us.

I've ran some of the numbers.

So you know, like KC said, they know more about this than anyone else.

And so if you look at the original terms in that settlement agreement that they agreed to, the 3,500 parking spaces, remember that's 3,500 parking spaces per day.

So that's a times three.

Times 40.

When you put the number on that, there was a request with the Coastal Commission to raise the parking fee beyond $50.

That's the ceiling.

There's the desire to raise it beyond the $50.

So they didn't get it.

So if you can charge $50 a spot for $3,500 spots three days a year for 40 years, this is what's in the original agreement.

That's a 21 million dollar valuation just on that.

There's 600 spots 14 days prior to the event and 12 days after the event.

That's 26 calendar days a year for 40 years, the original agreement that they scored.

The valuation on that, 6.24 million dollars.

When it comes to police fire and all these city services that we're footing the bill for, all the permits, everything.

Well, we just heard this number 250,000 times 40 years, that would be a 10 million.

And so if the operator wanted to just go and sell this contract to some third party, they could do that.

They could say, hey, here's the valuation.

I'll take 20 million dollars and I'm out.

And in the terms of the agreement, the only way that we can stop that as a city council is it takes a supermajority.

Last I checked, we're supposed to uphold our city charter.

Our city charter says that for any council item, it takes a quorum.

That's a vote of four.

This is a supermajority that would require something that goes beyond what our city charter says, which is the highest authority in our city.

And so again, I seriously love the air show.

I'm sad that I probably won't be able to show my face on the beach at the air show after pointing these things out.

But we will be paying for it.

Our kids will be paying for it, and our kids' kids will be paying for it.

And when people throw around numbers like, hey, it's gonna bring us over a million dollars, all these numbers are going to be able to be checked out.

And so the current agreement that we have right now, because it is not the 40 years, but that's pretty frightening that that was a valuation of over 50 million dollars.

That's what they got.

Now we're told, you know, but now be happy because we got 25 years.

As if that's good.

So for these 25 years on an annual basis, we heard 250,000.

That's a cost to the city for the police, fire, first responders, and permits.

156,000 in those 600 spots, that's a $10 valuation.

If you want $601 spots, it costs $10.

So the valuation on that's $10 a spot.

$156,000.

$1.1 million, you guys heard for the EIR.

So if you distribute that over 10 years, that's gonna be $110,000 per year.

Uh $31,000 is the number I was given for two surveyors.

We heard today that there actually might be three surveys, so I guess the number's gonna be even greater than that.

These are expenses to our city.

The math was able to be done on parking at Main Street Promenade and at the Pier Plaza and the the city attended parking.

We are able to look at what would we make on three days if there were no air show at all?

That number's 59,500.

Since there is an air show now, we're giving that up.

So that's 59,500 that we normally would be making every year.

No, it's wiped now.

And then when you look at that approximate five million and you just distribute it over the course of 25 years, it's 200,000 a year.

And then when you look at the RV parking, we're not only giving up the RV parking for the full three days, which typically, you know, those RVs, those spots go for $6,000 a spot.

There's about 50 spots.

You could do the math on that, 300k for the year, but you know, let's suppose we weren't gonna get that.

If there's no air show, we're not getting $6,000 on it.

Well, staff around the numbers on that.

$64,000 for those RV parking spots during that course of time because it's the three days, but it's also 14 days prior they get 15 spots and 12 days after they get 12 spots.

That's 26 calendar days for 25 years.

I'm just throwing annual costs at you guys from our city 250,000, 156, 110, 31, 59,500, 200,000, 64K.

You add it all up, it's $870,000 on an annual basis based off of that.

What do we actually make from TOT?

What is the difference?

At best, I could actually reach out to a couple of the hotels and ask them for some numbers, and they were generous enough to give me.

And these are, I won't be particular in terms of names, but I'll just say that these two hotels I will present to you represent the lion's share of it.

And the bump that we actually get from these hotels, one of them is about a $20,000 bump.

That means they make about $200,000 more on rooms alone.

That doesn't count food, that doesn't count all the other services, but we don't make money on those services.

We only get TOT based off of bed taxes.

So that's one of the major hotels, another one of the major hotels, and this was the one that did the best.

The bump, the difference in terms of what we get during that time, is $50,000.

And I'll just tell you that basically the numbers on that, let's suppose we take the highest bump per room.

If you average it out, total number of rooms based off of bump, the highest I saw was per room $114.

Now you take a couple of those smaller hotels.

I just shared the lion share with you.

You take a couple of those smaller hotels like the Paseo or the Shorebird, you apply some numbers to those, and what you wind up coming out with, best case scenario on those two hotels.

If you're just doing a projection and and uh, you know, destination analysis has no problem throwing little multipliers and guesstimations on their stuff.

This is very, very reasonable.

Maybe about $28,000 for the Paseo or so, and short break hotel, $18,000.

I'd be shocked to discover if we make more than that.

You add all of that TOT up.

The reality is it's not $700,000 TOT.

We're looking at the lion's share, those hotels that face the beaches, $117,000.

How's $17,000 gonna fill a hole about eight, eight hundred and seventy thousand dollars per year over the course of the next $25 years?

Again, I love the air show.

I love Kevin Elliott, I do, and I think he should be made whole for what happened, but I cannot sign off on a 25-year term like this, let alone a 40-year term.

And I'm asking, who's doing the negotiating here?

And I'm only told one of us is actually in the room for that.

So it's totally possible for us to actually go get an economist, go figure out these numbers.

There's no reason why we cannot do that.

Why has it not been done?

I don't know, but I'm pushing, let's do that.

Why would we have pending litigation over the air show that's gonna be heard in the next couple weeks?

Hang on.

We have pending litigation that's gonna be heard in the next couple of weeks.

Why would we sign off on a 25-year term?

How do we unwind that if they discover that the settlement agreement was beyond the powers of what the city council had to do at that time?

How is it that we're talking about doing things in exchange for beaches and the areas thereof?

Sound familiar, Section 612 of our city charter.

Are we supposed to be exchanging anything apart from a vote of the people?

And so this I think opens this up us up to litigation if we sign off on a long-term agreement.

And so there is a fiduciary responsibility to not put us in a situation where we could get sued that way.

And we also have a state audit right now.

So it's I think it's time to simply pump the brakes when I look over the settlement agreement.

I don't see anything in terms of a shot clock that forces us to make a decision tonight.

I don't after reviewing the settlement and related documents.

I find no shot clock or deadline that compels us to act tonight.

Nothing in the settlement, no recitals, no brown, or or the Brown Act forces immediate approval.

To the contrary, Brown Act requires meaningful public deliberation.

This proposal relinquishes certain benefits and amends the settlement recitals, which means we have latitude to negotiate better terms for our taxpayers.

And so claims that delay equals breach or a reversion to a 40-year term are unsupported.

Exercising caution here is not bad faith, it's prudence.

And so I would like to make a substitute motion to move to postpone action until we can actually do an audit and get an economist out to run some numbers.

So we can obtain some fiscal analysis, invite community input, and consider potential amendments.

And so I think this honors the settlement, it protects taxpayers' interests, and ensures that we proceed with transparency.

That would be my substitute motion.

Okay.

Hold on.

We have a we have a substitute.

Do we have a second?

No one's gonna second.

Okay, there's no second.

I'll make the motion.

As I think I already made the motion to as recommended.

Second.

All right.

And I'll give a chance.

Nobody else.

No, before we both vote, if I could just address some of the uh councilman's uh Williams uh assertions, there's some good math over there, no doubt about it.

But when you're talking about the 59,000 that was already generated, uh, like for example, the parking, and you you you put that into the deficit column, but you don't give us the additional uh revenue that we get uh from the revenue share was 125,000 minus 59, so there's you know 40, 50, 60,000 there.

You're not equating the uh you just sorry, I'm sorry, I'm just trying to follow you.

So you said hey, the uh the um parking survey was 59,000 uh no air show, right?

Yeah, that staff ran the numbers on that I got from community library resources.

They looked at three days of what would the parking structure on Main Street do and the pro at the promenade, and uh uh 7th Street all the way up to Beach Boulevard, the um attendant parking, and they gave me hard numbers.

They broke it down, like what the promenade would do, what the plaza would do, and what 7th Street up to Beach Boulevard would do if there was no air show, we would do 59,500.

Right.

But so that may be factual, but that isn't based on a hundred percent occupancy, which we will be getting with the air show.

We will be selling all those spots, so there will be there will be additional revenue above the 59,000 baseline that you you're not factoring in.

Secondly, you know, on the TOT, I I do think we should be able to quantify the TOT.

But remember, they are also spending money uh in the shops, so it's not just the TOT.

There's gonna be a lot of sales tax that is also being uh accrued from expenditures, not just from the uh hotel guests, but the million plus, three million, whatever the number is, people that come here, there is gonna be a significant sales tax bump.

And remember, if if if we want to agree that we're just trying to get to 895,000 or I'll round it up to a million, if we get to a million and one dollars, it's a home run for the city.

It's a free event, so to speak, that creates goodwill, supports our business, puts us on the uh international map and builds our reputational value, and it gives people a reason to want to come to Huntington Beach and a reason to want to come back to Huntington Beach.

So it's a net win, even if we make one dollar above the cost basis.

I I think the proprietor, the promoter has done, you know, he doesn't have to go from 40 years to 25 years.

That was a gesture of good faith, in my opinion.

He didn't have to say, Um, I'll give you ta uh parking revenue on year six throughout.

The agreement doesn't call for any of that.

So these are concessions that he's making voluntarily, and the people that don't agree with Kevin Elliott will say, Oh, big deal, that's nothing.

It's it's a grift.

No, it's not a grift.

He he could enforce that contract.

He could say, I want the 40 years, I'm not giving you any parking, but he didn't do that.

He said I'll take a 10 and three fives, and I'll give you some parking.

And so he's making concessions.

And again, if we're just trying to get to a million dollars to cover the cost, I can guarantee woo.

Well, I can't guarantee anything.

I can guarantee we'll get to a million dollars plus.

And let's let's do another study.

But the problem is this guy can't throw an air show right now with uncertainty.

And in my opinion, he's been uncertain for years.

It's probably the reason he can't get a title sponsor.

Is there gonna be an air show?

Am I getting sued?

Were there not be an air show?

What title sponsor wants to put their name on anything?

So there's things that the promoter needs to have so that he can build uh a legacy, you know, um activity that can generate a profit, not just for him, but for us as well.

So I I think at this point, you know, you know I just wanted to address it.

You're making great points, Chad.

Um, and by the way, uh on a side note, I paid almost 20 grand for those signs.

I think I paid too much, but I'm I'm kidding.

But there's no free signs with code four, I guarantee that.

Check my form, check my form.

Butch.

I paid 19,000, and I know that to be a fact.

Okay.

Um I just got a question for our city manager.

Uh uh, Travis.

Am I right in in uh is my understanding correct that Kevin and Code 4 already has a signed 40-year contract at this point in time?

Um the city has a settlement agreement.

Okay, the 40 year 40-year term for 40 years, and the one we're contemplating tonight is just 25.

Correct?

That's correct.

Okay, thank you.

Um, I do appreciate uh councilman Williams good breakdown.

There's a lot of stuff I agree with there.

Um I I do think there's a lot of uh uh intangibles that don't go into uh uh councilman Williams calculations.

Uh but I'll leave that up.

I I I think it's a good idea to continue to analyze this, you know, with you know all the numbers that you've come up with.

I think it's it's it's incumbent upon us to uh analyze it.

But as councilman uh Kennedy said, Code four can't keep going on without an agreement.

They can't put on an air show unless they can depend on us to support it.

So I will be supporting this.

Okay, I would like to call the question call the question.

I am my substitute.

No, call the question call the question.

No, you're in.

So if you're gonna if you're gonna call the second call the quick Gracie seconded Pat's motion to move to recommendation, maybe we recognize the speech.

Gracie seconded Pat's motion to please don't shut me down.

Casey needs a second on his call the question.

Oh, I need a second on my call to question, got it.

Oh and I can still make a substitute motion.

The call of the question has to be heard first.

Okay, I'll second.

You need to vote for the city attorney.

My understanding is that if the motion has been seconded, but I call for a substitute motion, the substitute motion is heard first.

Not on the call of the question.

I'll let you make a statement, but keep it kind of concise after Mayor.

Mayor, you you've got to you've got to take the vote.

I know.

After the vote, I'll let you make a statement.

I got we're beating the hell out of this.

I feel like I got a good alternative that you guys might like.

Call the question.

You know, lock it in.

Wow.

Go ahead.

I have a first by Vern Burns, second by Vandermark.

Item number 15.

Approve as amended by supplemental communication.

You're gonna vote on the call whether or not to actually call the question and then vote again on the call the gotta we're gonna vote, call the question.

Vote on call the question.

Who was the first question?

So my understanding is if the if it doesn't get a quorum, then we can continue the deliberation.

Okay.

I got something I would really would like to say, guys.

I have no idea.

All right.

Call the call the question.

Call the roll for the call to question.

Call the roll for call the question first.

Second.

Yep.

And just to be clear, no vote would say no and we'll continue the conversation.

Pardon me?

A no vote would be no, we won't call if we get a quorum of no, we will continue the deliberation just for clarification.

Okay.

Okay.

Councilman Twine.

I'd like to hear Chad's uh proposal, so I'm gonna say no.

Councilman Kennedy.

Okay.

City attorney, is there the call to question?

What we're voting right now to what uh not uh not allow councilman uh essentially yes, cut off debate on the item.

Okay, you know this is a highly contentious thing.

I probably won't agree with him, but in fairness to Chad, in fairness to the residents, whether or not this changes any vote, you know, I I'd like to hear what he has to say.

Um so I do I have to vote no on on the call to question.

Yeah.

And um, you know, no.

Yeah, it's uh yes.

I'll go with no then.

I'll I'll hear it.

I'll pull up go.

Councilwoman Vandermark.

We're voting no on sorry, I'm confused now.

I'll call the question.

Okay.

If you want to if you want debate to end, you you have to vote yes.

Right?

Yes.

No.

Mayor may be recognized.

You gotta vote.

Oh, I'm sorry, no.

All right, then okay, please please try to we still have the motion on the floor.

But you want to make comment, please make it.

So we have five on call to question, five no, two yes.

Correct.

Okay, yeah.

So I'm gonna let him I can appreciate the fact that the applicant would need stability, especially for you know sponsorships going forward, they're gonna want to see that type of stability.

So I can see how you know, just saying no now or even like uh just a one-year agreement, and that's it.

There's no stability in the future.

So what if we say yes to a 25-year exclusive agreement that he will have the right to do the air show for 25 years?

It could be the 10-year term plus the five plus the five plus the five.

But as far as the deal points go in the terms, we just do the deal points for year one, and then the deal points for future years to be continued to a future negotiation.

In other words, we can negotiate those deal terms in good faith in future years.

Let's see how this first year goes.

We'll audit the hotels, we'll audit everything and figure out the numbers.

And if the numbers are good, like we think, then we can engage in giving all of those deal point deal points for the 25 years.

And so it would be a 25-year term.

He has stability, he has the 25 years locked in.

He has all the deal points for year one, so he's going to be made whole and some he's gonna be bringing it in on all the parking.

It's gonna be good, and then we assess in good faith, we negotiate moving forward.

And so that would be the amendment to my substitute motion.

Uh we lock in a 25-year exclusive commitment, year one, all the deal points, and then following that deal points on future years to be continued in negotiations.

City attorney, so the settlement new settlement agreement or contract that we're voting on has already been negotiated by the city staff attorneys and his attorney, right?

Correct.

Okay.

And so and staff, yes.

Yeah, so you can't go and like renegotiate on the fly.

Correct.

I mean, if we don't pass this tonight, you can enforce the previous settlement contract.

So uh city attorney, my understanding is that we could uh we could give you uh approval to just go back to the table.

Is there any kind of shot clock?

Is there something that forces us to do this tonight?

Yeah, and like on the record, if we don't do this tonight, then that's it.

The court would have jurisdiction over the settlement agreement to force us to comply with the terms.

But when when I look at the settlement terms, we're supposed to be negotiating in in good faith.

I can't find a shot clock.

It doesn't say that you shall within a certain amount of time, it says that we will, and there's no deadline that compels us to act tonight that I could see in the terms.

And after the after the environmental reviews conducted, if the if the promoter asks us to do an agreement, we're compelled to do it at that point.

And so we are doing this agreement and negotiating in good faith.

Does it say that we have to do it in 24 hours, 48 hours, 48 days?

I don't understand what the shot clock is on that.

We're in the process of doing this right now, but we just got public input.

You know, we're having the deliberation.

We want to go back to the negotiating table and say, look, this is what you know we've approved up into this point.

Like it's like I said, if he if if the promoter decides to enforce the terms of the original settlement agreement, this this would he could essentially argue bad faith because we've come we've negotiated and we've come to terms, and now you're gonna change the terms.

How is it that we can't change terms after hearing from our community?

Isn't deliberation part of this?

Don't they have a say in this?

Where's the what's the point of input?

What's the point of input?

Chat, are you making a are you trying are you making a motion?

Yes, so I amended the substitute motion.

Uh so you're gonna you're gonna make an amendment, you're gonna make a substitute motion to Casey's motion at this point.

So, Councilman, you you gotta remember it is as tough as it is to to not to understand to swallow, the negotiation has already been transacted, so there's a it there's an agreement that's already been agreed upon, and as uh our city attorney said, you know, we could be compelled to honor the 40-year deal.

The other thing about even if we could do that, there's so many variables.

If if he was forced to have that and he had some bad years, that's bad news.

If he had some incredible years, then he's gonna say, hey, I'm I want even more.

So there's that that doesn't make sense, you know, and there's an agreement in place that was in place.

And you know, I I believe as is our city attorney said, as painful as it may be, let's hope there's success, ongoing year after year, profit for the city, success for the vendor.

Yeah, hope.

That's right.

There's no finite things in this world.

Uh and um I think you know, let's vote in good faith.

And I'm gonna call the question.

Second we got a first and second on that.

So call the question.

Uh the original called question.

No, it's new one.

There's a Path of Fair C.

Mayor, there's there's a motion on the floor if a substitute motion.

I think you should act on the substitute motion right now.

All right.

Do we have a second second?

I'll second it.

It's just for the sake of a fair vote for our council member.

Okay.

Call the roll.

Should be clear.

The substitute motion is it'd be a uh 25-year term, so he has that stability, so he can get his sponsorships, 25-year term with all of the deal points for year one, and then in subsequent years, we'll negotiate moving forward in good faith.

So that would be to direct us to go back to talk to the to the or to the promoter and ask if that was palatable.

Yes, that's my motion.

Call the roll, please.

Councilman Twine.

I don't see a downside to that, so I'm gonna vote yes.

Councilman Kennedy.

No.

No.

Mayor Burns.

No.

Hold on.

Councilwoman Vandermark.

No.

No.

Councilman Gruel.

No.

Councilman Williams.

Yes.

Okay.

Does not pass.

The original motion as revised by staff as recommended by staff with the revision.

That was seconded by Gracie initially.

Okay.

So on the first motion, uh first by second, first by Burns, second by Vandermark.

Approve as amended by supplemental communication.

Correct.

Councilman Twine.

Yes.

Councilman Kennedy.

Yes.

Mayor Pro Tem McKeon.

Yes.

Mayor Burns.

Aye.

Councilwoman Vandermark.

Yes.

Councilman Gruel.

Yes.

Councilman Williams.

No.

Motion passes 601.

610.

610.

All right.

All right, Clerk, we ready to move on.

We're good to go.

All right.

Moving on to item 16.

Appeal planning commission's approval of the conditional use permits numbers 25-007 and 25-014 Huntington Beach Sports Complex.

Does anyone have any ex parte communications to disclose on item 16?

I've spoken with the applicant.

Okay, hearing no other.

City Clerk, do we have any supplemental communications for this item?

I spoke with the applicant too.

All right.

I spoke to the applicant as well.

Okay.

If everybody can just keep their conversations down.

City clerk, do we have any supplemental communications for this item?

Yes, Mayor.

We have five emails received regarding the sale of beer and wine at the sports complex.

Okay.

Staff, please introduce the report.

Thank you, Honorable Mayor, City Council members.

This is the appeal of the planning commission's approval of conditional use permits number 25007 and number 25014 at the HB Sports Complex.

There are, before we begin the presentation, I wanted to note that there are two conditional use permits, but we will be having one presentation as well as one public hearing.

So the request is to permit the sales, service, and consumption of beer and wine, which is an ABC type 41 license within the proposed approximately 5200 square foot outdoor dining areas in an existing eating and drinking establishment with table service at two locations in the Huntington Beach Sports Complex.

The slide uh shows the project location, both the general plan and zoning designations for these properties at the sports complex's open space, parks, open space, parks, and recreation.

Uh pursuant to Section 21307 L5 of the Huntington Beach Zoning and Subdivision Ordinance.

Uh the zoning allows for approval of a conditional use permit for the sale, service, and consumption of beer and wine in Central Park at eating and drinking establishments with full table service.

So a little bit of background on the request.

Uh to 1909 craft beer and concessions, and the agreement enabled alcohol service if required permits from both the city and ABC were obtained.

During that meeting, there were no speakers and one written communication was received in support.

In so fast forward to July of this year, the upon receiving a complete application for both conditional use permits, the zoning administrator held a public hearing and approved the conditional use permits as and added conditions of approval uh related to the design review board review as well as police department conditions.