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

City Clerk, can I have a roll call, please?

Councilman Twiny?

Here.

Councilman Kennedy.

Here.

Mayor Pro Tem McKeon?

Here.

Mayor Burns.

Here.

Councilwoman Vandermark.

Here.

Councilman Gruel?

Here.

Councilman Williams.

Here.

All present.

Clerk, do we have any supplemental communications for this session?

Yes, we have one email for item number three received regarding the existing existing case with Allianz Translantics.

Okay.

Do we have any public speakers signed up?

We have no public speakers signed up for the closed session.

Okay.

Uh, I'll make the motion to recess into close session.

Second.

All right, we have a first and a second.

We're adjourned until to the closed session.

Are you gonna um?

I'd like to reconvene the regular meeting of the city council public financing authority.

City clerk may have a roll call, please.

Councilman Twiney, present.

Councilman Kennedy here, Mayor Pro Tem McKeon.

Here.

Mayor Burns here.

Councilwoman Vandermark.

Here.

Councilman Gruel?

Here.

Councilman Williams.

Here.

All present.

All right.

Tonight's invocation will be given by Huntington Beach Fire and Police Chaplain Roger Winnie.

City Council meeting.

We want to tap into that wisdom and acknowledge that you so graciously and willingly provide to us.

We pray for each of our city council members as they deal with the many difficult issues of our city and those on the agenda this evening.

May you impart your wisdom and discernment to each one.

We pray that you would give them guidance to be able to make the best decisions to move our city forward in a way that honors, glorifies, and serves you.

Lord, we pray for all those who will be providing their input and sharing their comments with the podium this evening.

Help them and guide them to share clearly, calmly, concisely, and with the utmost dignity and respect.

And we thank you for bringing them here this evening to assure that our council has the benefit of the community's views and thoughts.

We ask your blessing, Lord, for each of our council members and all of our faithful and committed city employees who work so diligently in support of our city.

We also pray for all of our Huntington Beach First responders.

May you keep them safe and keep give them your wisdom and protection on every call.

Lord, we ask for your blessing, peace, and safety for the upcoming air show.

We pray that thousands will enjoy all three days and that you'll keep all the pilots, planes, and attendees safe.

May it be a great day for our city.

And we give you thanks, Lord, for the wonderful and safe summer season we've had and for the many visitors that come to enjoy our city.

And now that we're entering the fall and holiday season, may your peace, joy, protection, and spirit fill us with a heart of gratitude for your many answered prayers and blessings that you so graciously imparted to us.

We ask, ask you, Lord, to bless our meeting this evening, and may your peace and wisdom guide all that occurs tonight.

And we ask this all in your wonderful name, Jesus.

Amen.

Tonight's uh Pledge of Allegiance will be led by Councilman McKeon.

Please stand if able and put your hand over your heart.

Ready to begin.

The United States of America.

I'm sure it's a for which it stands, my nation, under God, indivisible, liberty, and justice.

Okay, city attorney, do you have anything to report from close session?

Nothing tonight, Mayor.

Thanks.

Okay, now's the time for council member comments.

Would uh anyone like to make a comment?

Butch.

Thank you, Mayor.

A peaceful vigil, a peaceful vigil is a sacred act of community.

It is an opportunity to gather, reflect, and show solidarity, solidarity in the face of loss, struggle, and controversy.

Such spaces, often held in places like Pier Plaza, where families enjoy their evening and where groups regularly gather for different causes are meant to uplift voices, not distort them.

They are meant to unify, not divide.

That is why it is deeply troubling when extremist groups attempt to infiltrate and co-opt these moments for their own hateful agenda.

My wife and I recently were recently invited to a vigil organized by a local Republican group.

The gathering was meant to show solidarity for Charlie Kirk, a father who was tragically taken from his wife and two young daughters in a country where we believe in open dialogue and the peaceful sharing of different views.

We repeat peaceful sharing of different views.

The only request that evening made of me was to bring an American flag and a candle, so that we could solemnly mourn this tragic loss.

That moment of remembrance was disrupted when self-described white supremacists intruded.

Their present, their presence was not an act of solidarity, but a calculated attempt to weaponize the event for extremist purposes.

As soon as their motives became clear, I immediately left because this is not what I came for, nor what the vigil represented.

Their intrusion did not reflect my will, nor the will of those who gathered to peacefully express their views.

It was an unwelcome hijacking designed to tarnish a community's moment of remembrance.

This behavior must be denounced in the most strongest possible terms.

Equally troubling are those who seized on these events to falsely accuse me and my wife of assembling with hate groups.

Disgusting.

That makes you no better than the hate group that was there.

And you know who you are.

Some hold positions of trust in our community, trusted, trustee.

How can someone we trust be intentionally sowing such political division in our community?

Others claim to be a guard keeping watch over the truth.

Also known as a watcher, a sentinel or sentry of veracity.

But meanwhile, they embellish rumors, bragging about having over 450,000 touches to the lying post about me.

Actually, I think they bragged recently that it's over 600,000 posts.

I mean, 6,000, 100,000 touches on the post where they accuse me to spread false lies and false information while calling it news.

All for clicks, retweets, and the likes.

It's disgraceful.

I've been confronted while dining out.

I've been accosted, and my wife was accosted in the grocery store last weekend.

Does this advance our community?

Such actions mirror the very sensationalism and marginalization that these extremists these extremist groups thrive on.

The same kind of reckless rhetoric that now has contributed to the sorrow of our nation and how we feel over the loss of Charlie Kirk.

Now listen.

Again, I reject the presence of hate groups loudly and unequivocally.

Their attempts to corrupt our democ democratic spaces will not succeed.

I equally reject those, this solemn and troublesome mo those who use this solemn and troublesome moment in our country as an opportunity to ramp up the proliferation of deceit and discord.

How is this behavior any different from the hate groups I have spent these last few minutes vehemently denouncing?

As a leader in this community, I will not allow my voice to be twisted for extremism.

I remain committed to preserving inclusive, respectful, and peaceful spaces where dialogue and remembrance can flourish untainted by hate.

Thank you.

All right, John Kennedy, please.

Don Kennedy.

Thank you, Mayor.

Thank you, Mayor.

So will you read online, you know, when you see these disturbing uh incidents, uh the city council has not made a statement.

Well, I'll make a statement in a formal uh atmosphere right here and right now.

I've been in Huntington Beach since I turned one in 1962.

Huntington Beach is a welcoming city.

We're a loving city, we are not a racist city.

Huntington Beach, I will unequivocally denounce any form of racism.

It is not tolerated, it is completely untherated, and I would denounce it at every meeting if that's what it takes to prove to the naysayers that uh we are not a racist uh city council, we're not a racist city, we are a flawed city, but we look to solutions to change the narrative.

Secondly, I've known Butch Twine for almost 20 years.

Let me make it very clear.

He is so far removed from a white supremacist.

This is one of the most fair and genuine people anybody would want to know.

And I stand by Butch Twining and his wife unequivocally as well.

And in closing, I just want to say one thing.

Uh I wrote this after on day two of the uh LA riots.

I woke up the next day after the first day of the riots thinking things were gonna be healing.

I was shocked to see that they had escalate uh escalated.

So these words, they're kind of fitting now.

You know, I'm not gonna try and be uh poetic, but the here.

Here's what I wrote back in uh in the 90s.

What's going on?

I'm asking questions.

Where'd we go wrong?

Answer me with suggestions, lead me, don't deceive me, open my eyes, help me to realize what's going on, and where does it come from?

Or let me ask why.

The hate from a brother as another brother dies, one in the same.

We're in the same game, a different color.

Yeah, we all feel pain, so bond together as one and open your minds.

Brother, brothers by blood by divine design, educate, don't forget it.

Segregate.

We'll all regret it.

We're one people.

Feel the power of one love.

You want guidance?

Look above.

The love of the Lord, yeah, it's real.

The good Lord guides souls that revealed.

So open your hearts, educate your minds.

Love another.

Eliminate the lines, start somewhere, it's gotta begin.

Do you care?

Hate, that's a sin.

Love.

Try that.

That's a four-letter word.

Change from violence.

How absurd.

Let's unite.

Why fight?

I love my brothers and I'm white, but that's everyone.

Don't you see?

Without knowledge and love, change will never be.

We're all one, created equal.

Release the hate, erase the sequel.

Move ahead is one.

Unity gets things done.

Believe it or not, we've just begun, so don't give up.

That's giving in.

No effort, no win.

Choosing to lose is like light in the fuse.

And when the boom arrives, so goes the life.

So teach peace and love all brothers.

Band together and love one another.

Just remember, seek and you will find contentment and peace of mind.

Casey.

So last week on Thursday, we had an amazing uh 9-11 memorial service at City Hall, right outside these chambers.

With our with public safety, and it's always a stark reminder that we must never forget that day, the lives that were lost, the um on that tragic day, the the courage and bravery that our first responders showed trying to rescue those people.

It's hard to believe it was 24 years ago.

This was a very powerful moment.

And that preceded, or was it actually the day prior, on Wednesday, September 10th.

Um, the world was shocked in horror, as we all know, when Charlie Kirk was assassinated in cold blood.

Charlie's an amazing young man, a kind soul, a husband and father of two young children.

Charlie was a champion of free speech and rigorous civil debate that America was founded on.

He believed in the power of argument and good faith debate to find the truth to lead people towards, if not agreement, at least mutual understanding.

If you disagree with Charlie, he would say, Come up to the front and let's debate.

Unfettered and unchecked violent rhetoric directly leads to violence.

Violence and violent rhetoric must be condemned by everyone.

Violent rhetoric, like calling someone a fascist or a Nazi over and over and over again, without any proof, dehumanizes an individual into a target of hate that somehow people can justify and rationalize that they be murdered and assassinated.

It's truly evil.

Uninformed individuals who don't take the time to research the fact that Charlie was, of course, not a fascist or a Nazi.

Believe in this violent rhetoric which dehumanizes someone like Charlie and turns them into an object of hate that is less than human, where somehow his assassination is justified and then celebrated by many online, such as teachers, doctors, nurses, elected officials, people we put our trust in, which is truly abhorrent and demonic.

Of course, Charlie wasn't a fascist or a Nazi.

So let's go through the definitions because we hear this a lot here.

Fascist, a person who sympathizes with fascism.

Okay, fascism, a governmental system led by a dictator, having complete power, forcibly suppressing opposition and criticism, regimen all industry, commerce, etc.

And emphasizing aggressive nationalism and often racism.

Nazi, a member of the National Socialist German workers' party, which controlled Germany from 1933 to 1945 under Adolf Hitler and advocated totalitarian government, territorial expansion, anti-Semitism, and Aryan supremacy.

All these leading directly to World War II and the Holocaust.

Charlie is, of course, not an autharian dictator, a ther authoritarian dictator, nor a Nazi.

He's a private citizen who championed free speech and civil debate.

The fascist is the person who took his life with a fascist engraved bullet because they couldn't compete with him in the marketplace of free ideas.

So they resorted to the subhuman act of violence and assassinated him.

People you disagree with are not fascists or Nazis.

If you disagree with someone politically, there's no justification for you to view them as less than human.

When you try and silence someone, what you're saying is, I'm afraid of your ideas.

Violent attacks on free speech are an attack on the foundation of our country.

You can disagree with someone's ideas and policies and not hate them personally.

That's what a civil society requires.

For the past three years on council, we have been constantly attacked with violent rhetoric, calling us fascists and Nazis.

An individual comes up to the podium often at our meetings and introduces herself, followed with anti-fascist.

Yet none of these people know us personally.

None of them have ever reached out to meet with me to get to know me personally or share with me their concerns in our city.

In the last three years on council, only two individuals from on the other side of the political aisle have actually reached out to me to have a meeting to discuss their concerns.

And guess what?

Those meetings were very civil, constructive, and although we didn't agree on the solutions to the problems, we both learned something from one another and left the meeting with mutual respect and understanding.

That's what is needed now more than ever.

Honest civil discourse and debate.

Charlie believed that the moment we stop talking and engaging with one another is the moment when violence occurs.

His children are my kids' age, one and three.

And First Lady Melania said it best.

She said, quote, Charlie's children will be raised with stories instead of memories, photographs instead of laughter, and silence where their father's voice should be echoed.

Charlie Kirk's life should serve as a symbolic reminder that compassionate awareness elevates family, love, and country.

I thought that was very well said.

The only way to stop violent rhetoric is to call it out when it happens.

I pray this is the turning point in our nation when this violent rhetoric ends, and we owe it to Charlie to make sure it is.

We have an absolutely amazing city.

Um, you know, uh, everybody who comes to these meetings, you know, you're impassioned, and I appreciate that.

And I want to thank the people of Huntington Beach for rising above division and demonstrating peaceful solidarity this past week in honor of Charlie Kirk, in honor of September 11th, you know.

Um, we did see so much positive, and I I really want to lean into that.

Uh, you know, Charlie Kirk, as you mentioned, a husband, a father, a man whose life touched many.

Uh, you know, this this past week obviously the nation witnessed deep public discourse, grieving, anger, sadness.

Unfortunately, some political vitriol following the tragic murder of Charlie Kirk.

Yet amid amidst the pain, we've also seen extraordinary unity.

With vigils and remembrances, gatherings across the country.

Here in Huntington Beach this past Sunday, it was unbelievable.

Everybody probably saw the the images.

Yeah, I mean, so many different people coming together in solidarity, people from all over Orange County and beyond, uh, people of all walks of life.

I mean, it was it was it was great.

And the people that I chatted with from Huntington Beach of all even different political stripes, and that's what that's what this is all about.

Um, and I'm proud that our community was able to stand united and remain peaceful.

That's the most important thing.

We stood united, and everyone remained peaceful during such a difficult time.

Now, obviously, Butch mentioned sadly there was an incident last week when outside agitators attempted to bring hate and violent rhetoric to our city.

That's what they do, that's what they want to do is that they want to distract from the goodness and they want to put all the attention on themselves so that then that conversation goes viral, and that's the main focus.

And unfortunately, in giving them that attention, we give them exactly what they want, but at the same rate, we also don't want those types of people to think that it's okay that they can come into our city and that they can tarnish our good name.

And I'm encouraged that every single person I spoke with across Huntington Beach firmly rejected those messages.

It wasn't like how's it I was trying to have having to convince somebody, hey, you know, we don't want we don't want that message here.

In that context, it's also troubling that some individuals sought to attack Butch Twining, suggesting he stood with the extremists simply because of his presence at an earlier peaceful protest.

See, now's not the time for defamatory or irresponsible claims that are designed to damage the reputation of a respected city official.

Probably one of the kindest people up here, I can I can even say.

Butch is gonna be.

I mean, this guy doesn't even like seafood, and he still comes to my seafood restaurant all the time.

But look, I mean, to turn a morning a moment of mourning into a petty political fight, it's not only irresponsible, it's deeply concerning.

Um, so I just want to try and, as an out, you know, as I want to clear Butch's name a little bit by making that statement.

And I also want to thank all of you who come to these meetings.

I want to thank everybody who showed up this past week.

And I'll be and and came in complete unity in order to mourn and memorialize um amazing lives, in addition to those who we were respecting on September 11th, as well as Charlie Kirk and his entire family.

So thank you.

I just want to say that I stand by Butch.

I've come to know him quite well.

He is one of the nicest guys.

He has a lot to say, and we joke about that, but he does.

And I'll tell you he's one of the most generous men I know, especially amongst anybody I know.

He's incredibly generous to those who need help or those organizations that look for donations and stuff.

It's amazing how much he gives back to this community.

And I was fortunate enough to attend both the morning with that uh ceremony on 9-11 that we uh conducted out here for employees and family out here by the memorial, and then I was also fortunate enough later that afternoon by Pier Plaza where we did it.

And it was it just reminded me of the unity that this country felt after that hell of a day where those planes crashed into our country and took out so many lives and changed our lives forever.

We still have scars from those days in everything we do from 80 uh air, what is it, the uh the security checks and all that crap that we have to go through, TSA.

I've got other names for them.

But uh it's it's absolute shame that we have so many things, and our life was changed so drastically that day.

And I'll tell you, I talked to Butch either that night that those people showed up to that uh vigil, and he told me, he said, as soon as they he goes, as soon as they came, I had to get out of there.

I wasn't gonna have any part of that.

And he so he already talked to me about before any of this these lies and misinformation that he was part of it or enjoying it or anything like that was said on the poison of social media.

It's it's just despicable.

And I'll tell you, there's if there's anything in this political world I cannot stand is lies, misinformation, disinformation.

It's just sad.

If you if you need to do that, your message probably isn't worth telling because you don't have the merits of the argument.

If you need to lie and everything, you probably the merits aren't there for your argument.

And if it if they are, tell the truth, please.

And uh there's a lot of this town is awesome.

It is incredible.

I love this place, and that's why I'm here fighting for it's overall.

And amongst the good things that happened, Chief, who is the officer of the year?

That was Officer Mike Karsten.

Fire Chief McCoy, who are the marine safety and firemen of the year.

Our uh firefighter of the year was Captain Drew DePola and our Marine Safety Officer of the Year was Marine Safety Specialist Jacob Cress.

All three of those men are a credit to Huntington Beach and are perfect example of what we have in this city.

And I'll tell you something else I got to do this Sunday.

Uh absolutely incredible event.

It was amazing in the morning, such a good vibe, and God, it was beautiful.

The attitude of the people in this community in the morning of the 10 mile race, the longest running race in Orange County history.

Uh it was 69 years in running, actually.

And I'm just gonna read it was a 10 mile, a uh three mile, uh shit, 10 mile, a 10K, and a 5K.

And I'm just gonna read real quick.

I'll tell you the attitude of these runners and everybody there was so awesome.

It just brought me so much pride to this city.

Uh 5K overall uh women, Paloma, Silva Paloma, Cento Luna, and Saipan Juliet.

Just so you know that Saipan Juliet, third place.

She was 11 when she signed up, but she had a birthday two weeks ago, and she was 12 years old.

Wow.

She was about the size of this gavel, too.

I mean, men overall for the uh 5k, uh Callahan, Callan Ann chance, ties, Jeff ties, impressing geeking.

Uh so, and then the 10K, women's uh overall, Caleb Brown, second place, Haley Seward, third place, Mahia Carrera, men's overall, Gabrielle Sanchez, uh second place, Hank, I'm gonna mutilate this one.

Hankyoi, uh Zang, third place, Yaming Pan, and then finally the 10 mile, of which some of our own people working in this city um ran in.

I was very proud to see them running in it.

Uh, first place was Lauren Charlton.

Uh, second place, Jennifer Cardana Sandoval, third place, Abby Yong, uh, men's overall, Salvador Capatillo, Adam Walker was second, and his Xavier Smith wasn't third.

I'll tell you, it brings great pride to me to have met these people, see their achievement, and this city is everything it is at these events, and so much more.

And as far as a lot of people sending us emails about these groups that show up, unfortunately, the one thing that we stand by most of all is our Constitution of the United States.

And we, whether we like it or not, and some of these groups we don't like, we don't support, but we do support that first amendment.

Sometimes we don't control what they say.

And unfortunately, but it's worth having that freedom of speech.

So Chad.

Coming off the heels of 9-11, I can remember that day, like many of you, like it was yesterday at the time I was a junior in high school, and I think it was easy in life to take some things for granted, at least at that stage, uh, especially freedom.

Freedom's just one of those things, you know, for a high schooler at that time, it's just the default position to life.

You're you're born into it.

And then you realize that there are those out there that would want to steal, kill, and destroy and take these freedoms away.

And I would say a real turning point for me was driving around on the streets.

My folks took us out, and on the corners, you see this unity, uh, this patriotism.

Huntington Beach, you know, that's who we are.

That's our heart.

And for the first time, it really hit me just the seed thought that you know, I want to, I want to serve.

I want to be a part of something bigger and greater than self.

And eventually I was introduced to a Navy SEAL by the name of Scott Helvinstone, who became my mentor.

He was like a second father to me, and and tragically, he would wind up being killed in the streets of Fallujah, and it was videotaped, and many of you might remember it.

Uh dragged through the streets of Fallujah behind a car and hung upside down from a bridge.

And there was a mob that was chanting in Arabic.

They're celebrating and gloating.

Fallujah is the graveyard of Americans, Felicia's the graveyard of Americans.

And I think needless to say, I'll never have the words to describe what that moment all the surrounding moments were like.

But Scott became a huge motivation for me.

Part of our seal creed it says that in the worst of conditions, you rely upon the legacy of those who have gone before you to steady your resolve and to guide your every deed.

And then coming off the hills of what happened on Wednesday.

Like many of you, my heart is just absolutely destroyed.

And I understand that there are some here that, and some watching that don't sympathize, they don't feel the same way.

And I guess all I could ask is uh just show a little bit of kindness, a little bit of grace.

The alternative to that is no good.

So what happened with Charlie, and you know, I I think about the shirt that he had on that day.

It literally said freedom.

What another reminder, freedom isn't free.

And if you consider the price tag on it, what is it paid for in?

You could say paid for in the currency of our warrior's blood out there on the battlefield.

It was paid for in the blood of a warrior patriot just last Wednesday.

And what was really troubling is, you know, during the days of 9-11, when there was a mob that was gloating and chanting and celebrating over the death of an American, you know, that was a different arena.

That was an enemy that was overseas.

That was an adversary.

I don't have the words to describe, I don't know what to make of people that would gloat and chant and and be gleeful over what had happened last Wednesday.

It just breaks my heart.

I would love to go back to the unity that we had when 9-11 had happened and everyone was brought together.

I don't see that unity.

Doesn't mean we can't have it.

I hope you make good use of it.

And I think it's worth considering when we wake up in the morning, maybe write it on a whiteboard, put it somewhere.

Am I making good use of it?

Am I living a life that was worth dying for?

And I shared an anonymous poem on Sunday night that I really think just embodies who Charlie Kirk was.

If I could share it here, this is a picture of who he was.

He wanted to be remembered for his faith.

In fact, he was asked this question specifically.

You know, how do you want to be remembered?

And he says, What do you mean?

Like if I died?

And the questioner said, Yeah, how would how would you want to be remembered?

And he thought about it for a moment.

This is how he'd want to be remembered.

He says, I would want to be remembered for courage for my faith.

That is the most important thing.

Certainly was a man of faith.

And so this poem, it goes like this it says that when God wants to drill a man and thrill a man and skill a man, when God wants to mold a man to play the noblest part, when he yearns with all of his heart to create so great and bold a man that all the world shall be amazed, watch his methods and watch his ways.

How he ruthlessly perfects whom he royally elects, how he hammers him and hurts him and with mighty blows converts him into trial shapes of clay, which only God understands.

Old man's tortured heart is crying and he lifts beseeching hands, how God bends, but he never breaks when it's man's good that he undertakes, and how he uses whom he chooses, and with every purpose fuses him, by every act induces him to try his splendor out.

God knows what he is about.

When I think about Charlie, I think about a man that God was trying his splendor out on, and we got to behold it.

And so going back to how he would want to be remembered, to be remembered for courage for his faith, I think it begs the question well, what what was that faith?

Well, it starts off with a trust in God, the emblem that we have over our heads here.

You know, trust in this God that made us in his image.

He wants to be remembered for this faith that though we were made in God's image, we're separated.

How?

Through sin, which is just acting contrary to the will of that creator.

Sins have separated us from our creator, but he sent his son, you could say, on a rescue mission down into the world.

And that's Jesus.

And they literally named him Jesus.

The angel said, You'll name him Jesus, for he will save his people from their sins.

And so at that cross, much like a warrior that jumps on a hand grenade to absorb the blast of the grenade on himself to save others, Jesus in a sense covered our sin, our wrath at that cross, paid the penalty in full, so that we could pass by as it were.

And he not only conquered the power of sin, but Charlie would have you know that he conquered the power of death.

And as Jesus says, though a man shall die, he shall live.

And that is where I believe Charlie is.

He is not dead, he is alive, he's with the Savior.

He's a good man, which segues to Butch Twain, a man that I consider to be a good man, and he showed up for a good man to be there at his vigil.

And when I saw this video being circulated with almost half a million views now, I guess it has, where the implication was that Butch was with these guys or one of these guys that was chanting white man fight back, my immediate reaction, I literally laughed because it's ridiculous.

Because anybody that knows Butch knows that's absolutely ridiculous.

But here's the problem.

Over half a million people saw that.

Not over half a million people actually know Butch Twining.

And so, like Mark Twain says, uh a lie is already halfway around the world while the shoelaces are still getting tied for the truth.

And I think that's really where we find ourselves.

I don't know if you could really put the toothpaste back in the tube on this one.

You know, but I just want everyone to know, along with the rest of the council, many of you here, that we stand with Butch.

That's not who he is.

He's an incredible man.

And he gives to a lot of charities.

Not, and I don't know that because he says so.

He has helped a lot of people out out of some really bad situations.

I know not because he says so, because I find out from these people.

He doesn't shout it from a mountaintop or a rooftop.

So he's a good man.

And finally, I'll close on this about Charlie.

I think Charlie also embodies these words by CT stud.

C.T.

Studd said, one life, it will soon pass.

Only what's done for Christ will last.

And when I'm dying, how happy I'll be if the lamp of my life is burned out for thee.

Charlie, you burned out for the Lord.

God bless you.

May God bless America.

Gracie.

I probably should have prepared something because this is a little tough.

So I saw Butch being accused of being a Nazi and a fascist.

Why does that hurt me?

Because I've been accused of the exact same thing for seven years.

I've been targeted.

I've usually the lightning rod.

I'd rather have those accusations.

Be continue to be directed at me because I've become immune than to see any one of my brothers on this diet be falsely accused of something they didn't do.

It's not pleasant when you walk out your door and you have your kids say, Hey, mom, be careful.

Because they know what we're risking where we're coming up here to do this.

We give up on our privacy, we give up on our safety.

We walk out of here and we have to look around us.

I never knew what it meant when somebody said keep your head on a swivel until I got into politics.

I used to be able to walk out of the grocery store and everything was fine.

Now I don't know who's going to approach me, all because of false allegations.

The same kind of hateful allegations that got Charlie Kirk killed.

It was Charlie Kirk, but it could have been any single one of us on this dais because those exact same accusations have made towards us.

That man does not have a mean bone or hateful bone in his body.

So gone to the point where when we go into meetings and Butch is in the room, I'm like, is Butch gonna be there?

That means it's gonna be like 35 to 40 minutes.

If he's not in the room, it'll be five.

Yes, yes, that goes through my mind.

Charlie Kirk died because he was trying to open dialogue with other people with different points of views than he did.

Even though he's passed on, I know that this is going to get bigger.

There was a young man standing at that pier in that vigil where there was over 1500 people.

At first, I was told it was 300, 400.

But when we saw that aerial view of everybody that attended that memorial, had to be at least 1500 people.

And there was a young man standing there.

I'm looking at his picture right now.

He was holding a sign that said, if we don't fight for our freedoms, nobody else will.

Charlie Kirk.

I took a picture of that man.

He picked up that baton and he's running with it.

There's a young woman sitting up there.

She was broken and devastated.

Cried for a couple of days about the death of an innocent man that just wanted to have a conversation.

She got up.

She said, I'm going to get up and I'm going to get active and I'm going to go out there and expose the truth as well.

Good for her.

And thank you for picking up that baton.

I see a group up there of young men and women who have dedicated their time to reaching out to college students.

They could have been home right now, but they're here right now because they've had enough as well.

They picked up the baton.

We are all going to continue to pick up that baton that Charlie Kirk Charlie Charlie Kirk dropped.

We're all broken.

It was really um like double the sadness and the 911 memorial because we grieve the men and women who died at 9-11.

And then there was another man that gave up his life just because he was speaking the truth.

So I am honored to have had such a beautiful memorial here for Charlie Kirk.

And I can't thank our first responders enough for being there to make sure that there weren't any interruptions or agitators allowed at that event.

It was peaceful.

After the event, usually people disperse.

As soon as the official part of the event was over, everybody started talking.

How did Charlie Kirk affect you?

Your life.

How did he motivate you?

There were people sitting there singing, praying, just having conversation around his memorials.

It was beautiful.

That is how we grieve.

We don't go around looting stores, breaking into stores, physically abusing other people.

We grieve with love.

So I am very, very sorry that they put you through this.

You do not deserve this.

I'm kind of used to it.

So I will walk with you next to you any time that you need me to.

I know you're a good man.

And shame on those people who made up those horrible lies about this man.

If anything happens to any single one of us on that dias, our blood is in your hands.

That's all I have to say.

Okay.

Move on.

Clerk, do we have any supplemental communications?

Yes.

On the consent calendar, item number six, an updated memo from the city clerk.

Um exhibit A to the proposed adopt adoption of resolution number 2025-60.

Item number seven, three emails received regarding the proposed adoption of resolution number 2025-59, opposing proposition 50.

Number eight, two emails received regarding the proposed approval of an agreement with Mercy House to operate the city's homeless navigation center.

Item number 10, one email received regarding the memorandum of understanding between the city of Huntington Beach and tee it up for the troops.

Number 11, two emails received regarding the proposed approval of the Huntington Beach Tourism Business Improvement District, and your re annual report for fiscal year 2025-26.

Item number 13, five emails received regarding the adoption of ordinance number 4339 pertaining to the sale, distribution, and procession of Kratom.

Administrative item number 20, one email received regarding the Huntington Beach Police Department's Computer Forensic Laboratory and the possibility of an HBP D DNA laboratory.

Council member items number 22, two emails received regarding e-bikes.

Item number three, one email received regarding the creation of business development team.

And service ad hoc committees.

Item number 24, five emails received regarding the proposed termination of the Symphony of Flowers event.

Is that it?

Just kidding.

Um we have anybody signed up to speak.

Yes, Mayor, we have 40 speakers.

Okay.

Proper decorum at City Council meetings, imperative in order to for the public to remain informed about issues pertaining to the city's business.

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

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

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

At this time, City Council received comments from members of the public regarding any topic, including items in the open on the open session agenda.

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

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

Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda.

Members of the public who would like to speak directly to a 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 mailing the emailing the entire city council at city.council at SurfCity-HB.org.

Uh we're gonna give each speaker two minutes, and uh call the first uh 15.

When your name is called, please come up to the podium, please use both podiums.

Mr.

Amory Hansen, Mr.

Brett Busch, Dom McGee, Joanna Sosa, Stephen Quinn, Jeannie Parris, Ann Palmer, Alan Merriman, Ken Inoue, Heidi Vea, Becky Fleschauer, Brian Vea, Patricia Pappas, Peter Townen, Betty Flynn.

Hi, my name is Brett Busch.

Um here to I am Charlie Kirk tonight, though.

Amen.

Um there's two ways to be fooled, one is to believe what isn't true, and the other is to refuse to believe what is true.

I wish those were my words, but that was Soren Kierkegaard from the 1800s.

Butch uh was at several uh memorials.

He wasn't just at one, but it's kind of ironic they would pick the one that the subversives were at and trying to attach Butch to that.

On July 5th of 2012, unfortunately, I was shot in the left side of my head while working for the city of Long Beach, and I didn't know if I was gonna live or die that day.

It's a true story, you can go look it up anywhere.

And what I remember more than anything, what meant more to me than anything was Butch Twining and his wife, his beautiful wife.

They rallied a group of people together and they came and they they rallied me, they showed that I had value, that that can never be replaced by a trustee, by a malcontent, by somebody who's seek seeking something other than the good that Butch was seeking from me really at the worst time of my own life, having to call my wife from the back of a police cruiser to tell her that I'm on my way to a hospital and don't panic.

You know, a lot of people said a lot of stupid things when I got shot because of the job I had.

But Butch, you weren't one of them.

I've known you for over 20 years, and I think you said that I kicked you out of a baseball game, so I think we've had some good times, some bad times.

But we've always been friends.

Um, I have to say I have great respect respect for you.

And the thing that I fear, the thing I fear is the thing I fear is is what happened to Charlie is what they're gonna try and attach to you.

I don't want to see another martyr.

All right.

Thank you.

Next speaker, please.

Hello, Tom McGee, 24 year resident of Huntington Beach.

Uh, I'm not from here, is he combustible as you can probably hear?

Uh, but when I um dreamed of coming to America when I was a small child, I dreamed of what America would be.

And now I look at it, and I think it's men like Butch Twining over here that made America the shining city on a hill that kept the lights on for most of the world.

Butch, you're a veteran, you're a business owner who's uh employed many people in the past.

You're a leader, you're a natural leader, you're a friend to everybody, including me.

And I've seen your kindness firsthand.

Now I was there with you on Wednesday, and we both lamented the fact that elements, Nazi elements had taken over the vigil that was made for our friend, this country's friend Charlie Kirk.

I not only lament that, but I'm angered over it, and I'm angered that your name was attached to it by people, by the way, who are the epitome of what I think Nazi ideology is about.

The people who um they lament the fact that Israel is defending itself, they hate Jews, and they scream from the river to the sea whenever they can, not knowing which river or sea they're talking about most of the time.

That's true.

I know you, Butch.

You're a friend.

You've been a really good friend to me.

And along with the rest of the magnificent seven, you've made this city the shining city on a hill.

So many cities over the United States are looking towards for leadership.

They're looking to us for bravery, and you epitomize bravery, Butch, and you do it as a gentleman.

I love you, Butch.

And if you look back here, all these people, Ari, Jignesh, Valentina, O'Brien, Heidi, they're all as diverse as they come.

We love you, Butch.

Thank you.

Next speaker.

Yes, my name is Joanne Sosa.

Butch I just want to tell you because you, like my father served, my dad was a vet in World War II.

Um, I know you served and you love America.

We can't um be blind to the fact that uh what the other side, um, the people that really hate righteousness in this country, um, are really afraid of is that we have a red wave that they want to persecute calling MAGA, which is really this is Charlie's um, not because he he's trying to cause cause division, but he wanted to have a dialogue.

His tent always said, prove me wrong.

Come let's have a dialogue.

Let's come together and meet, okay.

And the problem is, the other side doesn't want to have that meeting of the minds.

They would rather point fingers and accuse all of you, and you know what you what they've done to you.

They would rather do that than have a peaceful discourse, and we can't allow that to happen.

Things have changed.

The turning point for America, igniting the world now is the death of Charlie Kirk.

He cannot be forgotten.

The work that you do cannot be forgotten.

We have to be supporting the righteous work that I know God wants us to do, and because of that, I'd like to give this to you.

It just says prove them wrong.

I think you've done that already, Butch Twine.

This is for you, whoever wants to take this down.

My dad had his dog tags.

Sorry, I can't bring those.

I don't even know where those are.

It's just prove the enemy wrong.

That's what you're doing with your life.

God bless you, and God bless all of you.

Next speaker, please.

This is my message for the Fed boys that showed up on Main Street dressed in their matching outfits and faces all masked up, shouting their Antifa-esque chants.

You're not MAGA, you're what we call fagga, fake MAGA, and you're used as a tool of the left to make MAGA look bad.

You've been doing this for years.

We know your playbook, we know your cosplaying, and real MAGA is calling you out.

MAGA Patriots don't mask their faces, only beta males do.

You manufacture outrage, start fights all the while using Huntington Beach as your platform.

We don't want your white knight energy here.

You don't risk you represent MAGA Patriots or Huntington Beach.

You're allowed to have your free speech, but don't you dare use Charlie Kirk's death as an opportunity for a photo op and to spout your BS, Charlie was a MAGA.

I'm so sorry, Bush, butch, for what the leftists and faggots have done to you, almost like it's a coordinated effort.

I know your heart, and I stand with you, and everything happens for a reason.

And I know that this is just gonna make you stronger.

And Huntington Beach will continue to be a light despite this nonsense that happened.

We will continue to be a light in this state as with leaders, with leaders that stand up against tyranny.

Thank you, guys.

Thank all of you guys.

Thank you.

Next speaker.

Hi, my name is Brian Vea, uh, resident of the city.

Butch, you got set up.

That's that's what happened.

They set you up.

So we all know these guys.

People have been doing this for a long time.

We recognize them, we know who they are.

They're not from Huntington Beach.

They're a bunch of wannabes, a bunch of posers that come here and try to try to hijack what's going on over here.

So uh to those guys, I I know their time's gonna come up soon.

I know President Trump's talking about right now, he's talking about calling them uh domestic terrorists, and when he does that, I believe things are gonna happen.

They're enemy combatants, and their time's coming up very soon.

I look forward to that.

There's something called the Charlie Kirk Act that's going on right now.

Anyone who knows about that is something that has to do with something that's called the Smith Munt Act, Smith-M-U-N-D-T.

If you look that up, that has to do with uh staging things.

So, what was going on was there's a lot of staging going on around the world, and they were creating spectacle and doing that, and it was it was legal.

President Obama signed it into law that they could stage propaganda here in the United States.

If you look this up, that's that's everything that has to do with the uh with the Charlie Kirk uh Charlie Kirk Act is what they call it.

There's a really good video.

I'll just tell you her name is Naomi Wolf.

She's a Naomi Wolf is uh uh liberal.

She's a Democrat, she's an Al Gore advisor, and she also talks in depth about this.

About a 10-minute video.

I'd encourage anybody to go check that out and find out for yourself.

I look forward to all these things, and again, these people that came in and tried to hijack what's what's good going on in this community.

They're not from around here, they're they're out of towners, and if they were, they'd be here tonight talking.

And again, they march and they repeat these chants, they say the same thing over and over again, and they won't have dialogue.

Butch, you're a good guy.

You got caught.

Have a good night.

Next speaker, please.

Alan Harriman, Alan Herman, 4175 Davis Cup Drive.

Proud graduate of Edison High School, a lot longer than I'd care to think about, if you don't mind me.

First of all, thank all seven of you for your service.

Um I can barely serve on my HOA.

I have no idea how you put up with the headaches that you do.

So let's just keep it all informed.

Quick subject change, e-bike, something I know you've never heard about, right?

Um, I'll just say this.

For charity, I ride about 120 miles a week.

I mostly in Huntington Beach.

And it's interesting because e-bikes see fellow bikers as friends, and they tend to be much more open and honest in their riding than let's say they had a patrol car behind them, right?

So I've seen things that I really wish I didn't see, but I'll describe them in two words.

Abject lawlessness.

That's what it is.

So let me explain a little deeper.

Ignoring red lights, multiple riders on bikes built for one, really through BZ intersections.

You know, those little roads like Warner, Edinger, and Beach Boulevard, right?

Riding on sidewalks, very high rate of speed, shouldn't be there.

Riding the wrong way on sidewalks at a high rate of speed.

Let's hope that nobody with limited mobility gets caught in one of these situations because it's pretty bad.

Um, on top of this, it just it's become really difficult to ride bikes and navigate Huntington Beach at times.

I again I know you don't, this is not new, and I'll say thanks to our police force for doing the education that they are.

That's great.

But um, anything you can do to increase law enforcement efforts and give the police the laws and the that they can help enforce and reduce these issues would be fantastic.

Thank you so much for listening to me.

Thank you.

Next speaker, please.

Good evening.

Can you hear me?

Yes.

Good evening, Mayor, Council, and staff.

As a 38-year resident of Huntington Beach and co-founder of All Parks Matter and Friends of Edison Park.

I, Betty Flynn, strongly advocate voting yes on item 24, terminating the contract with the Symphony of Flowers.

The time has come to stop the light show.

And it is crucial that we safeguard our parks, open spaces, and wildlife.

The light show is not compatible at any of our Huntington Beach parks.

I recommend that the council approve the termination of the Symphony of Flowers, clearly stating that the entire multi-year contract with the operator will be terminated.

Thank you for considering that my request.

Butch, I read this today.

In the fervent competition to see which Huntington Beach City Council member is the steemiest piece of SHIT in town.

Illegal, public vapor, and proud supporter of convicted felons, rapist, and pedophile protectors.

Butch Twining is making his public push to be crowned the biggest turd in the city.

No one, no one deserves hateful rumors spread about them, especially at a peaceful memorial.

God bless you, Butch, your wife, and your family.

We need to stop this hate in Huntington Beach.

It's unacceptable.

Thank you.

Thank you.

Next speaker, please.

Good evening, Mayor Burns and City Council, Peter PT Townin, resident for 46 years, rest in peace, Charlie Cook and Butch.

That shit shouldn't happen.

That's the way to put it, right?

Um, I'm here to speak on uh item 25753 about the potential uh takeover of Olympic surfing by an organization outside California.

Uh it's pretty personal to me.

Uh, two decades ago, I was the one that founded Surfing America, which became uh what we have today, USA Surfing.

Myself and some of my quad writers up here, Ian Cannes, Brett Simpson, three of us have coached USA surfing teams to gold medals.

We understand, and in our c in our town here, Surf City, this is so important to us.

We have one of those feeder uh organizations, NSSA founded right here.

Pat Burns just gave out the Mayor's Cup.

This attempt by the ski and snowboard federation to take over Olympic surfing and leave all the little organizations behind, just take the cream off the crow.

We cannot let that happen.

What has anything to do with surfing in Colorado, which is where they're based, and I think it's ironic the fact that ski and snowboard, us surfers, we incented snowboarding.

They didn't.

So what the hell are we gonna do having them in Colorado?

Let's keep surfing in California.

Next speaker, please.

Thank you, PT.

It's a privilege and an honor to lead this organization that was started by EN and PT.

On behalf of USA Surfing, thank you for your leadership.

It's clear tonight you're passionate, you stand up for what's right.

And right now, all of our voices are needed on this issue.

Surf City USA is the heart of our sport.

Surfers deserve a governing body that listens, stands up for their needs, and is dedicated only to surfing.

The jobs, training camps, events, sponsorships, and licensing that would stay with this community and our sport would be funneled to Utah.

Surfing must be led from its home break by people who live it, know it, train it, coach it here every day, like Brett Simpson, Ryan, Ryan Simmons.

Um, our country, we've talked about it tonight, needs sport more than ever.

Sport unites, it inspires, it motivates us, it gives us hope.

Huntington Beach has always done what's right for surfers.

With your leadership and clear voice to the US OPC, we can keep surfing governed by surfers.

Protect local jobs and opportunities, and ensure that common sense and the Olympic spirit prevail.

Thank you.

Thank you.

Next speaker.

Thank you, Mr.

Mayor.

My name is Mr.

Aimory Anton.

I'm speaking tonight to express my support for I'm 25.

The mayor and councilman Kennedy and Twining's item to support USA surfing remain the governing by his surfing.

All sports are important to the Olympic movement.

It is important that sports govern themselves to ensure governing bodies are truly representative of the sports play.

President Coolidge once said, quote, no more truly democratic force can be set off against the tendency to class and cast than the democracy of individual parts and prowess in sports, and quote.

Thank you.

Next speaker.

My name is Kenny Noah.

I'm a 54-year resident of Honey New Beach.

I would like to thank Council members Williams and Twining for wanting to know the cost of the contract before the city signed a long-term contract with the air show.

Their desire to know the facts before they voted on this contract indicates that they understand their fiduciary responsibility to all of us to safeguard the assets of Huntington Beach during their council votes.

On another note, I would like to state that I do not believe that Butch Twining is a white supremacist.

The impact of these accusations have resulted in threats to him and his family.

In addition, I know that some of the people who have made these statements have also themselves been the focus of threats against themselves and their families.

At this time, I respectfully request that all residents of Huntington Beach join together to stop this vicious cycle of hatred that has consumed our city and so much of our resources for the last two and a half years.

Our great city is facing major budget infrastructure concerns that requires all of our residents to work together with cooperation and respect and not hatred and contempt.

Thank you.

Next speaker, please.

Yeah, Stephen Quinn here.

I'd like to thank you guys for the dignified leadership you've brought to the city during this awful week we've been through.

And Butch, we love you.

Those who are unable to control their glee at the slaughter of Charlie Kirk and who persist in condemning millions of their fellow Americans as monsters and fascists need to understand.

They're lumping themselves in the same moral universe as the folks who seek to and very nearly did kill Salman Rushdie, the ones who massacred the staff of a magazine because they were offended by some cartoons.

Do you really want to crawl down into that moral cesspool?

The only crime Charlie Kirk was guilty of was saying things they don't want to hear.

The white hot intensity of their hate is baffling to me.

I may at times feel enormous contempt for my political adversaries, but I don't give myself permission to murder them.

They are fallen human beings, and so am I.

And what are they to make of Charlie Kirk's widow?

A more eloquent, impassioned call to arms, has never been heard in my lifetime.

As resounding as the Liberty Bell, yet utterly free of malice.

It won't be easy to paint a Hitler mustache on such a beautiful mournful face, or do you just shoot her too?

We as a people must decide: do we hereby resolve to find a way forward to once again treat each other with dignity and civility, or if we cross some sort of Rubicon where there is no way back, where the founder's dream lies in the ruins.

Thank you.

Next speaker, please.

Hi, Council.

This is my name is Jeannie Paris, and I want to thank all of you for speaking tonight.

That was el that was eloquent.

And but you're one of the nicest people I know.

So that's just BS with what they're saying.

But I'm here tonight because I'd like to express my concern regarding the overheated rhetoric that pours throughout this country, counties, and cities.

What was done to Charlie Kirk was an abomination.

Whether or not you agreed with him, he reached out to all viewpoints to engage in conversation.

He was not a racist or a fascist, fascist, or whatever name was hung on him from those that oppose him.

He was a God-loving man who spoke the truth.

Here in this chamber every two weeks, due to free speech, which I agree with wholeheartedly, um, and which Charlie Kirk encouraged his whole life.

We all hear a barrage of insults to the council and the citizens.

Some are respectful, but some are not.

I have heard the city council called Nazis and Fascists, just to name a few.

Briefly, one who is a likened to a German Nazi, a harshly domineering dictatorial or intolerant person, are sometimes called a fascist.

Well, I have to say, fascists kill you if you speak against them.

They don't let you speak ad nauseum to them.

When he was assassinated, no towns were burned down.

The community, the community came together in love.

We all didn't have to rush downtown to board up like we did in 2020 two weekends in a row.

I encourage us to all tone down the rhetoric.

It's not conducive to teaching common, a common outcome, and it is a very powerful negative influence on young impressionable minds.

We live in the freest country ever created.

Let's value that, be grateful, and work together.

Thank you.

Next speaker, please.

Hi.

It was on my schedule to attend this meeting concerning items 15 and 16.

But I have to say that I am heartbroken at what has happened in our community.

Rest in eternal peace, Charlie Kirk, for whom we simply wanted to attend a vigil.

I am so sorry that Friday and Saturday devolved into something else, whether from overamped misdirected groups or from false flag organizations.

Fortunately, Sunday brought us a meaningful and peaceful event.

But to see once normal members of this community take this as an opportunity to falsely clap trap and use deceitful rhetoric is divisive and beyond sad.

I support and vouch for Butch Twining and all of our council members, knowing them to be fair, equitable, and never racist.

They have a mountain of work to accomplish for our city, and this isn't helping.

To that end, I appreciate the efforts of council members in their appeal of certain planning commission decisions.

We had hoped that the developers for items 15 and 16 would listen to a soft appeal and modify the design.

If not, the CUPs were just another creep up and out for massive structures in a situation where the trend was problematic.

Some areas of concern, impact to aging seawall and man-made island infrastructure from this project, and cumulative impact, same as above, from current and future larger trending structures build as consistent.

They are not consistent with the mean.

They're just incrementally bigger with every project.

Impact of the dramatic construction activities plus their duration, roof structures that are not counted as stories, but have large mass, shade studies that had not occurred, lack of neighborliness and community in planning the projects, the visual impact of less open space, both to neighborhood residents, but also to those across the channel.

Thank you.

Next speaker, please.

Patricia Pappas, about almost 46-year-old resident, my husband and I, honorable mayor and council, best run city.

I see the work on the streets, the sewers, the bridges, etc.

Previous councils left you with huge infrastructure and financial problems.

Without much fanfare, you are quietly taking care of business.

Also, a great thank you to a small group of people working with our city leadership to honor Charlie Kirk.

It was a huge group, as um Gracie said, that came to mourn and recognize the assassination of our Charlie.

You as a council have great insight and integrity.

You focus on our city, our country, our state, our county, our country, our nation, and periodically international issues as well.

As you know, there are a great uh there are a group of HB residents that are trying to slander and malign councilman twining.

I've had and my husband so many opportunities uh with councilman Twining and his wife.

This is what I've observed.

Butch is a principled man, a man with such a giving spirit, a humble man, a true gentleman, very respectful and responsive to people, such a giver to our community, both monetarily and with his time.

Just know you cannot take a good man.

These naysayers have attacked all of our council members.

I'm here to ask you to continue your mission.

We the people are with you 100%.

Good evening.

I moved to Huntington Beach about a year and a half ago for the same reasons that many of us did.

The residents are warm and inviting while still respecting each other's privacy.

I found a diverse caring community, and I believe that rumors of a right wing fanaticism didn't belong here.

So I was shaken recently when I watched a half a dozen or more masked men in uniform march down Main Street toward the pier chanting that they own the streets.

I'd seen them on social media feeds before and thought, not here.

Yet when white nationalists neo-fascist group, the kind that are tracked by civil rights organizations like the Southern Poverty Law Center and Anti-Defamation League, were walking the very road that my two sons were riding their bikes only hours earlier.

I know for a fact that this group would not be marching, but running for their lives if they marched in Anaheim or Long Beach, not only by the residents, but being chased by the police as well.

Did you, sir, Mr.

Twining use your authority as city council to route this group out of the city with the help of police?

In speaking with HB locals since I've discovered that they tolerate weakened political theatrics by Trump supporters that tourists find offensive and some local merchants find embarrassing.

That this city council wanted to erect a MAGA plaque in front of a century-old library where certain books are suppressed.

But they will be happy to know that I have started looking for a more suitable neighborhood, unafraid of the Patriot Front or the King.

All right.

Thank you.

Next next speaker.

Jignes Padahar, Donald Eugene, Brett Simpson, Brett Barnes, Mark Talkovich, Tim Geddis, Dan Cameo, Marilyn Bowen, Taryn Palumbo, Clyde Yorin, Kay Lou, Brad Barrett, Chris Reaney, Valentina Bankhead, B.

Sharp, come to the podium, please.

Vic, go ahead.

Hello, everyone.

My name is Jignish Paddyar, you know.

Um it absolutely breaks my heart that we have to go through a September 11th to feel a September 12th.

That we have to go through a September 10th to feel what we felt after those days.

And when our nation befalls tragedy, we do what Americans do best.

We come together, regardless of race, regardless of what we have, myself included, members in this community, these council members, and Butch himself.

We came together in the one place in Huntington Beach.

We know we can, which was Pier Plaza.

And while we were there giving our thoughts, our prayers to Charlie Kirk, the bad actors that be know that too.

And they know they can hijack our sympathy and use our presence to push forward their messaging.

And what happened to you, Butch, I'm sorry, it's completely disgusting that many people online would go ahead and use a small clip to make accusations with you.

And there are a lot of accusations being thrown against Butch.

For one, he does not speak long enough, I believe, but you know, he can always speak more.

And people are not willing to even ask him why he was there.

They're willing to just go ahead and assume his presence.

So, Butch, keep doing what you're doing, man.

We we know the truth, and we know the truth will always prevail.

We love you guys.

Keep it up, everyone.

Thank you.

Next speaker, please.

Aloha, my name is Brett Barnes.

Hi, Butch.

Our kids played uh baseball together, so you spent enough time on a baseball field with a guy, you know who he is, so we all know you're a good guy.

So, apologize for everything that's happening.

I'm here on uh on item number 25 to support a letter from the city council and the mayor uh to recertify USA surfing to be the national governing body for the US Olympic and Paralympic Surf Team.

They need to stay in California and develop our talent.

I had a very recent real-time interaction with USA Surfing.

I just got back from El Salvador this morning.

I spent the last week with the team and Ryan Simmons and Becky and their whole support staff, and it was incredible the work they put in.

But what it really did was solidify the depth of the training we need for our USA surf team to succeed.

And it can only happen with USA surfing's model.

Um the bottom line is that we are the one of the youngest teams there, and we got sixth out of 61.

That was an awesome result with a very young team and a 16-year-old girl who was gripping, and then our own Luke Guinaldo that I coached in high school for four years that was part of the team, is just really shows the depth of what this uh program means to uh real surfing and not having it taken over by the ski and uh snowboard federation to just take the top talent and not develop any of them of our youngsters.

Thank you.

Next speaker, please.

Um good evening.

Uh Tim Getis in the house.

Um Charlie would have given us three minutes.

First of all, first of all, uh Butch Twining does not deserve the demonization, uh, the way he has been.

I disagree with his politics, but not his humanity.

Uh now, just the um, first, there's much on the agenda myself and the community would disagree with.

Just the entire uh Pacific Air Show settlement graft issue and the cash strap city of Huntington Beach ponying up 250,000 for the EIR to make a sweetheart deal even sweeter is reprehensible enough.

But that is peanuts compared to the with a lunatic attempt to spend millions of dollars on the city running its own special election next year.

Worse than irresponsible, it is municipal treason.

Despite your product your protestations, you the community simply does not trust you.

You have all you have sown dissension and mistrust, and only different council members who promote unity, serve the community, and are not in the pocket of partisan special interests should be representing us.

Thank you.

Next speaker, please.

Never again was the cry voiced by millions after the Holocaust.

As the child of survivors, never did I imagine a resurgence of this hatred in my city.

Last Sunday, the Patriot Front, a neo-Nazi-oriented group, marched in downtown Huntington Beach chanting white men fight back.

Most of them wore masks, disguising their identity.

Until tonight, none of our city councilmen uh publicly condemned these neo-Nazis.

Huntington Beach is now represented by seven MAGA city council members and a mayor who called a constituent a blank fat cow.

We are not all white Christians in this city, and we deserve representatives of us all.

Next speaker, please.

Uh good evening, uh hello to all.

I'm a 25-year resident of HB.

Um, and just remember it's not how you close ranks in public, it's what you speak about when no one's recording.

Very important point.

I also understand no sequence of words that I'm going to use tonight.

It's going to change anybody's mind.

My views are basically a drop in the ocean.

So why even try?

Why waste energy on elected officials who don't hear a message that conflicts with their personal beliefs?

Well, just call that my personality or my character flaw, a rage against the machine moment that may make a difference if other citizens pick up on the we deserve better thread.

The hope is that the wall of separation that has been erected, you're either with us or you're against us rhetoric, gets chipped away by making better choices.

In my lifetime, the Berlin Wall fell, the Cold War ended, USSR dissolved, all really old history.

I've also seen Florida build a prison camp in a swamp because of fear.

Texas rigging its voter districts out of fear, Washington, D.C.

putting its citizens on lockdown because of fear, and one of our Supreme Court justices, Elena Kagan, chastising her Supreme Court peers for succumbing to political fear rather than putting the Constitution first.

It's unacceptable.

As Tip O'Neill said, all politics is local, and this is local politics.

We can do better.

You're not going to hear me, but we can do better.

It seems like my generation, the over 60s crowd, has allowed its younger generations to ignore the hard lessons from my parents' generations.

And it's up to us to remind our elected officials that with great power comes great responsibility.

Thank you.

Next speaker, please.

Good evening, City Council.

I really want to thank you for your support and honoring Charlie Kirk, who was unduly assassinated.

It's a sad day that some lunatic took a husband away from his wife and his children.

I'm really aghast, though, at the falsehoods that are being thrown at the city council to call uh Butch to call Gracie a Nazi, to call Butch a white supremacist from a public figure at that.

And then she turns around and says the murderer was a white Christian uh socialist uh Mormon, basically.

When it turns out the guy is a leftist, he may have Antifa things written on a rifle, and his girlfriend is a boy that's transitioning.

That doesn't sound much like a conservative.

So this is a bunch of just lies being thrown out there, and it's not right.

It should be retracted.

I don't know if anything can be done against it.

They got a half a million views.

They should retract it.

Okay?

Otherwise, this falsehood keeps going.

So it's it's again, it's sad, uh, you know, between a public figure talking like that and a ex-public figure that used to play football.

Anyway, um, I want to also state that I agree with adopting resolution 2025-59 opposing proposition 50.

You know, we voted for it and have an independent committee to determine districtsing, and we don't need gerrymandering by the politicians.

So, no one 50.

You know, needless to say, the $250 million dollars that's being spent on a special election by Newsom, he could have used it to fund Proposition 36.

We passed that last year.

About 70% of the voters said yes to help against crime.

He didn't fund it last year, he's not funding this this year.

Uh so what does it do then?

What's the will of the people?

So basically, he's criminals over citizens, politics over citizens.

Uh lastly, I support the termination of Symphony of Flowers.

But again, thank you.

Thank you.

Next speaker, please.

Hi guys, I'm Brett Simpson on behalf of uh USA Surfing.

Item 25.

I know some of you guys, it's it's an honor.

Thank you guys for serving us.

Um Huntington Beach native went to Huntington Beach High School right here, alumni, and I was uh the 2020 world uh USA surfing team coach for the Olympics.

So I've had about a decade running now with some of our crew up here, and it's it's been an honor, and it's just uh it's kind of sickening to see USA ski trying to come in and kind of hijack what we've kind of built.

And I think you know, they don't understand that this is like a day-to-day process that we work on very hardly.

And I think that's something like thanks for taking the time to you know listen to us.

And um, you know, as a surfer as a coach, it's it's very important, you know, for these athletes, not just the Olympics.

Obviously, the Olympics is made surfing go above and beyond, but what the families that the competitors were we're trying to, you know, build this youth.

We got Ryan Simmons, the head coach up here, and uh it's very important to keep it here, right here with USA Surfing, and thank you guys for your time and butch, stay strong.

Next speaker.

Good evening.

My name is Taryn Palembo, and I'm proud to announce that I am a candidate for Huntington Beach City Council in 2026.

What happened over the weekend in our city was horrifying.

I was saddened that once again, Huntington Beach made national headlines for all the wrong reasons.

Huntington Beach is a community made up of people of all races, backgrounds, and beliefs.

I fully believe that differences in opinion are healthy for a strong community.

This is the time for unity, not only for our nation, but for our community, because only by standing together as neighbors can we show the spirit of our city.

But the hateful rhetoric that was displayed by some went far beyond a difference in opinion, and instead brought more of that negative attention to Huntington Beach.

Huntington Beach made the news again because this behavior in our city was unfortunately not a surprise.

I appreciate the comments made by each of you earlier today.

But actions speak louder than words.

Divisive, angry decisions and actions at the top only give space for additional hate to flourish.

Thank you.

Next speaker.

Chris Rainey, Huntington Beach Native.

I'm glad that so many people tonight have denounced white supremacists outside agitators.

What happened was tragic and its exploitation was horrific.

We all need to denounce them until they know that white supremacists are not welcome in Huntington Beach.

For two years, I've seen city council raise the alarm about budget shortfalls while expanding government, suing the state of California, and making backroom deals with foreign promoters.

I've seen civil servants slandered.

Your commitment to protecting children from predators is commendable but misguided.

They're not where you're looking.

Now, the gospel of St.

John states that the truth shall set you free.

Embrace the truth, use your powers for good.

Urge Deputy Assistant Attorney General Gates to put pressure to bear and release the Epstein files now.

Now, we're at a time when the truth is believed by no one because we distort objective reality to make it what we want.

We all need to do the right thing in order to find some common ground so that we can heal and move forward.

Next speaker, please.

Hi, my name is Kay, and I'm here to address some of the overbuilding that's going on in Huntington Harbor.

Um, there's been a lot of new homes, big big homes being built, and with that comes um a lot of concern over the dwindling infrastructure.

This information I got from the city of Huntington Beach from the infrastructure report card.

And there are some things that I wanted to go over just to make things known.

The harbor is currently graded a D by the City of Huntington Beach and requires about 19 million dollars in repair to make things safe again.

Andrew, I'm sure you know Calico.

Um the bridge right outside of your restaurant has been undergoing construction for about a year now.

And that is um it's a concern throughout the harbor, and it's been going on through other islands as well.

Um a main concern I did want to read out to everybody on the report card was um the city's the city's own sea level rise study uh uh study the expected sea level rise of one to two feet could jeopardize the city's infrastructure and the harbor along with the surrounding community.

The bulkheads and seawalls are not high enough to provide necessary protection if expected sea level rise comes to fruition in combination with king tides that the city experiences twice a year.

This combination of rising sea level and king tides could render a large part of the harbor as uninhabitable unless the bulkheads and seawalls are raised to address this issue.

If we as a city continue to encourage oversized builds by blindly approving every application without the proper research testing and enforcement, then we'll be destroying the seawall at the build site, the adjacent homes, and soon enough the entire island will crumble.

Thank you.

Next speaker, please.

Good evening, Mayor Pat Mayor Pat Burns, Mayor Pro Tem Casey McKeon, all city council members, thank you for having us tonight.

First, I want to start by saying rest uh rest in peace, Charlie.

May God bless his family.

It's horrible.

My name is Clyde.

I live on Gilbert Island.

We're gonna be we're gonna be discussing I know the public segment is for general topics.

We're gonna be talking about number 15 and 16, I believe it is.

Um, a home on Malden Circle and a home on Somerset Lane.

We'll discuss the main channel versus the small channel.

You guys should all have a copy of a map that I left on your desk where it shows the main channel.

I've got every home listed, the square footage of everyone.

On the bottom, it's averaged out.

So you got sizing for the top main channel, and then you got the small channel right here.

That'll come into effect a little bit later when we're talking about item number one on I guess item number 15 it is.

Uh we're gonna discuss the average size of the homes on each channel.

We're gonna discuss the aging seawalls, the infrastructure infrastructure.

Kay just mentioned.

We um you guys should also have a copy of the report card.

Um, we actually have some neighbors here, Dan and Patty.

They went through the seawall issue.

They bought a property, they're gonna go more into it.

They just told me about it a few days ago, and firsthand they experienced a failing seawall.

The seawall failed, water went under the house.

They have to get divers to go in there, put jacks, support the house, all kinds of crazy stuff.

Um Dan will get more into it.

So, and that was in 1997.

Think about 30 years ago, the walls were in a lot better shape than they are now.

So that's just my concern.

If people are gonna build these huge homes, what's gonna happen?

Are they eventually gonna fail?

I mean, the report card says they're good till 2039.

I don't know how they got that number, but but 2039 is 15 years away.

If these seawalls fail by then, and the walls start caving, what's gonna happen?

So also we're gonna talk about Sequa, the Sequo Act, and why the why we need an environmental impact report.

These homes were exempt, they should not have been exempt, they're exempt by Joanna Cortez, the zoning administrator, so I'll go over that, and I got a pretty good argument as to why they should not be exempt.

Thank you.

Next speaker, please.

Good evening.

My name is Brad Bailey, and I'm talking about item number 15.

City of Huntington Beach infrastructure, specifically the harbor.

As we all are aware, the city has given the harbor a D grade for the infrastructure.

We all know where the vulnerability vulnerabilities are.

Bridges, which the city is currently rebuilding, and seawalls, which unfortunately are the responsibility of the property owners.

Shortly you will hear from someone who experienced first-hand seawall failure back in the 90s.

None of us can assume that the structural integrity of the seawalls is better 30 plus years later.

My greatest concern is having a 7700 square foot home on a 7500 square foot lot right next to my home, which will most definitely compromise the structural integrity of the seawall.

When the seawall fails, both my home, Sam's home on the other side, and most likely many other homes will be severely damaged by this grossly overbuilt structure.

We need to have a professional engineering company and the Coastal Commission immediately do thorough testing before the city of Huntington Beach approves any and all future buildings and remodels.

Thank you.

Thank you.

Next speaker.

Butch Twining, a character of truth, love and kindness, an inspirational stellar figure in our community.

One of the most gracious and giving men next to my father and my father-in-law, whom have both passed away recently.

With respect, regardless of idealistic differences in police, we all believe in aloha and neverly courtesy to all that come to our city.

We can agree to disagree on everyone's views.

It is their first amendment right to protest peacefully.

On September 10th, President of TPUSA Charlie Kirk was assassinated.

I was in utter shock.

After work, I received a troubling text from a friend that found social media screenshots of vitriol threats against the conservatives and the HB residents, visitors that would attend the Charlie Kirk vigil on 9 10 Wednesday.

I immediately contacted the Republican organizer of the vigil and told her to add the HP police non-emergency number on her phone.

She contemplated canceling.

I told her to go to her vigil with her message of love and an outpouring of support for Charlie.

She did.

The Wednesday night vigil was beautiful.

I arrived at the event and saw my friend, and as I was talking to her, I saw that there was extremists that showed up and kind of moved their way to the front of the vigil.

I became concerned.

I knew it did not fit the vigil schedule.

I knew that odd chant was off and did not represent the event or us.

The young Republicans left.

Butch and his beautiful wife Dana followed immediately as well.

This was not why we were there.

I left with friends.

We were also very disappointed that there was a takeover of the event to say the least that started off heartwarming.

So come Sunday, I was coming back from Vegas with my bow Luke Dennis, and we were anxious to get back to HB to make that redo vigil for Mr.

Kirk.

We wanted to be there like an RB of people with a connection from God and heaven to HB to shine in the Kirk family.

We want an HB love to swell for Charlie.

We did a sea of thousands and thousands were there.

This is the real HP.

This is a real Butch Twiny.

This is a real Charlie Kirk.

Thank you.

You can kill the messenger, but you can't kill the mess.

Neal, Luke Dennis, Guest P.

Shelby Bay, Perry Clithrow, Kenan Durham, Kristen Nicole, Hannah Siegel, Aldo, Signan, Carolyn Osborne, Libby.

Somebody step up.

Thank you.

Okay, thank you.

Uh Ross Neal Huntington Beach.

I'd like to uh begin by talking about something else, which is no one should be surprised and no one should be dismayed at the recent court setbacks for Huntingdon Beach concerning your efforts to protect parents' rights in our library and to protect local control of housing in our charter city.

California is practically a one-party state, and in a one-party state, uh the state, including the courts, work for the party.

There are still many ways in which you can fight and stand for the right, and I encourage you to do so.

Now it's almost unbelievable that in the wake of Charlie Kirk's assassination, which was stoked by slander against him as a hater, a fascist or worse, to see that some of our residents have learned nothing from this shocking event, but continue doing the same thing to our own city council members.

They stopped just short of illegality in their provocations.

Are they hoping to cause some unstable person to commit similar acts, or are they just too caught up in their own hatreds to care?

May God bless and protect this city council.

Thank you.

Thank you.

Next speaker, please.

Good evening, City Council.

The assassination of Charlie Kirk last week crushed my heart.

I prayed for his family and thank God that they captured the deranged coward that took his life.

God blessed America and the entire world by giving us Charlie Kirk.

He touched countless lives, and he is truly a gift from God.

I'm so proud and deeply moved by the thousands who gathered here in Huntington Beach on Sunday to pay homage to his memory.

Charlie poured his life into building a movement rooted in faith, freedom, and love of country.

He believed America's future depended on raising up a generation that would never surrender.

To those who celebrated his murder, know this.

Your hatred has awakened a sleeping giant.

Across this nation, Americans are rallying around Charlie's mission with renewed strength.

Prayers and our rising support is pouring in.

Individuals are filling churches, schools, and public spaces across America.

The fire Charlie lit is burning brighter than ever.

We will honor his legacy by pressing forward, not slowing down, not surrendering, and turning point USA will fight harder, grow faster, and unleash the true power of the grassroots movement, Charlie created.

And with the 2026 midterms approaching, I look forward to seeing millions of voters rise up to defend faith, freedom, and America's conservative values.

Charlie's vision lives on, and together we will carry it forward.

And one last thing: I know Butch Twining personally.

There's not a prejudice bone in his body.

God bless you.

Next speaker, please.

Hello, good to see you all.

Um, I would just like to take a moment to shed some light on the truth of what happened at Wednesday's Rachel for Charlie Kirk at the Huntington Beach Pier.

Um, so what started as a beautiful event for a great American who was murdered for the world to see just hours prior for his beliefs, was hijacked by a group with hateful and disgusting messages.

I, along with Councilman Twining and my fellow Orange County Young Republicans, immediately departed the event the second we realized the vigil had been infiltrated by individuals that have a reputation for spewing awful and racist rhetoric.

We cannot be more appropriate in our swift decision to not be present as soon as hate showed its face.

I have seen nasty derogatory lies about this night spread a line regarding Councilman Twining.

Most by leftist hecklers, but some were from our own very own elected school board members.

As tempting as it is to be more vulgar, I will remain respectful and simply say, shame on you.

I was present with Butch and his amazing wife, who I have known personally for years now.

We shared hugs and tears over the unthinkable that happened earlier that day.

I will not allow Butch's character to be questioned over his decision to show up and pay his respects for Charlie.

He is none of the nasty things he is being called online.

Your tax on him are actually disgusting, and frankly, no better than the messages being spewed by the white supremacists.

That night was meant to honor one person, Charlie Kirk.

And instead, some selfish bigot ruined it for everyone in attendance.

Charlie is my former boss and was deeply loved by everyone present at the Pier for the Right Reasons.

What was supposed to be a time of coming together and community grieving ended prematurely and unfairly.

Racism and hateful rhetoric have no place in Service City USA, or for that matter, the rest of our country.

To those of you creating such hate during an already dark time, I pray that the truth finds you peacefully.

Thank you.

Thank you.

Next speaker.

I wanna believe your kind words and outrage.

But we have people on the dais that aren't that kind.

Andrew Gruel is on gut field on Fox News, constantly bashing your opposition about liberals.

In fact, you called protesters, somebody just like me, circus animals, and that I have nothing to live for.

That's why I protest.

Gracie, you have your white power sign.

We'll always follow you everywhere you've been and your proud boy affiliation, Pat.

Calling speakers up here another fucking cow, uh, city council members, pieces of shit.

KC, why would you know the opposition?

You guys brought this partisan to the dais.

And the anti-LGBTQ, Gretor, we've heard from the other two councilmen.

Butch.

Why are you texting during the city council meeting, disparaging that same trustee that you just disparaged up there on the dais?

Aren't you supposed to be listening to us?

Imagine tourists having dinner down on Main.

Aren't you?

You're shaking your head.

It's supposed to go like this.

Yes.

Okay, imagine tourists having dinner on a Saturday night or in a store, and they see the Patriot Front marching down there with their Nazi slogans, our streets.

What did they say?

No, whose streets are streets?

They are not.

The videos are viral.

The city, the state, the nation, and international viewers see what Huntington Beach has become under your far-right leadership.

You remain silent about it until now.

Butch, instead of threatening people, baby, you could have gone on and condemned this group.

The whole city council could have.

Name them.

Name them.

Call them out.

They do.

Next speaker.

Mayor Burns' official statement states that the city will do everything we can to eliminate acts of violence and inflammatory rhetoric and calls on all leaders to promote a culture of respect, civility, and unity in HB.

Beautiful words.

If only they were written with sincerity.

He needed to only look in the mirror and remember it was he who has been caught on a hot mic multiple times, denigrating and belittling the residents of this city.

Those that have the power of the microphone for virtually an unlimited amount of time, not those of us who get but 60 seconds twice a month, have the responsibility to lead by example.

I, for one, look forward to seeing a new tone from the council.

But based on past actions, I'm not holding my breath.

Please vote yes on item 24, terminating the Symphony of Flowers permanently is a prudent choice.

Remember to thank Tony Strickland for bringing that debacle to town in the first place, but be sure to thank Protect HB for its legal actions that prevented this year's show from already being underway with untold damage to Central Park and its wildlife.

Since the last council meeting, courts have ruled that the city is not the parent, and that the Freedom to Read Act has prevailed.

I'm looking forward to the restricted area of the library being taken down.

And additionally, the city must have a compliant housing element within 120 days.

And in the meantime, the state will function as the permitting agency.

The city is broke.

Please don't waste any more money fighting this losing battle.

Thank you.

Next speaker, please.

Hi, my name's Carolyn Osborne.

I don't know Butch, but I've lived here with my black husband for 35 years.

We've raised five sons.

They've gone to several different high schools, several different grade schools, depending on what they needed.

My kids, my husband taught AYSO, now one of my sons do.

We were in cert, we were in lifeguards, and never, never ever in any business in any school, in any neighborhood with any friends, has there ever been a racial issue at all.

I think, and these are the feds, like the one gal said the fags or whatever faggot.

Um, this is a setup to get us to look a different direction and be distracted and bother with something that really doesn't matter and it's a non-issue.

And it'd be great if we could really attack or defend ourselves at this point because we're not attacking what is against us, and that is um, well, like General Flynn said.

All Christians need to unite, Catholic, Protestant, Orthodox, whatever, and all people of goodwill, no matter what your faith or non-faith is, because our Western values are being eroded.

Right now we can see how Islam and liberals and wokeism have gone together and decided that they were going to be a team.

And I think that all people of goodwill need to unite.

Some of the things they have in common, they're both against free speech.

They both are for cutting children's genitals off and sex with children.

And I'll be back later to show you the sur the uh surahs and the Quran on that and how wokeism they mesh night nicely together.

But when Islam comes in, as they have throughout their 1400 years, liberals will die first.

Next speaker, please.

Thank you.

Mayor and Council members.

Hi, Kristen Nicole Valle, president of the Orange County Young Republicans.

On the day of Charlie Kirk's murder, I received a flyer from a man I had only just met, Mr.

Sanchez.

Around the same time, my friend Shelby, who is also here to speak, asked if we were planning anything for Charlie.

So I connected the two of them, and in good faith, I invited young Republicans, elected officials, and members of the community to an event that I thought was going to be a wholesome night of prayer and remembrance.

About 30 minutes into the peaceful and loving vigil, Mr.

Sanchez and his associates showed up with their megaphones, and they started chanting white men fight back.

At first it was unclear what they were saying.

It was muffled, we didn't know, but as soon as it became clear, I left, and nearly everybody else left immediately.

Shelby left, I went to the wine bar on Main Street, and Mr.

Twining and his wife quietly packed up and left as well.

Unfortunately, a photo has since circulated of Councilman Twining uh simply holding a candle and a small American flag at a prayer vigil.

Uh, this single image is now being weaponized by the left to falsely claim he was chanting with white supremacists and to call for his resignation.

This allegation is simply untrue.

Let me be clear.

The young Republicans would never participate in or condone an event that promotes racial hatred or division.

Uh we were misled into attending what we thought would be a prayer visual.

Uh, when it became clear that others had their own intentions, we immediately left.

I take full responsibility for inviting people to attend because I truly believed it would be a night of remembrance.

Butch Twining did nothing wrong, and it is deeply unfair to smear his character or malign the young Republicans because of the actions of others.

Thank you.

Thank you.

Next speaker, please.

Hi, everyone.

My name is Shelby Bay.

I am not affiliated with the Young Republicans group, nor do I even live in Huntington Beach.

So I have no agenda with this.

I'm just sharing the truth.

Everything I'm about to say here and more, I have video evidence of and text threads to prove all of the following.

I was the first one to the visual that night that was scheduled for 7 p.m.

I arrived at 6 28 p.m.

exactly.

I brought majority of the candles that were displayed.

I made peaceful posters and I brought a speaker to ensure that soft music would be played to set the tone.

A guy named Ryan and his crew showed up late, 7 26 p.m.

There was already a large crowd by then.

They came with no candles, no supplies, nothing to add a value except an annoyingly loud megaphone.

They started with a chance, like she said, first walked walking across PCH, seemed fine.

It was just Charlie, then it was USA, and then it was followed by an aggressive toned, weird speech over the megaphone.

I could hear it clearly because I was standing right next to him, unfortunately.

The whole energy immediately shifted amongst the crowd and people started to leave, which I felt was unfortunate.

So I attempted to shut him down before it went south.

I turned to him and I said, Hey, this feels like you're inciting violence, you're being aggressive, you're not making it about Charlie anymore.

Why don't you lead us in a prayer instead?

His response was to say, Uh, who are you?

And then his men in his group laughed.

Then that's when it was clear to me, and I immediately left along with majority of the original crowd.

I know Kristen left because I texted her at 7.43 and she said a bunch of us were at the wine bar.

Sorry, they hijacked the vigil.

It was from a TikTok that I learned how bad it had gotten when I was tagged as well, claiming that I was a part of this and I had to defend myself.

So I feel you on that.

I find it interesting that this man is being accused of this because no offense, I've never heard your name before, and I've never seen you before today.

Which uh I was unfortunately standing right next to this group, and I talked to everybody, so I would know.

We're also to believe that not one of those people doing press there didn't jump at the chance to record a Republican council member standing with these people.

Because they sure as hell unfortunately caught me.

How did you do it?

Let's think critically here, guys, if nothing else.

And hopefully someone has a real solution here to peaceful hijacking issue rather than just a bunch of pointing figure fingers to a first.

Thank you.

Next next speaker.

Good evening, counselors.

My name is Perry Clithrow.

Thank you for listening to me tonight.

I miss the longer mics.

Um I'm gonna start by I want to defend both the Huntington Beach Sentinel and Butch Twining.

When I saw that post, the first thing I thought wasn't that the press filmed you, it was that one of those guys, one of Sanchez's boys saw you and decided it was time to do a chant and set you up.

Uh, I wouldn't be surprised at all if that happened.

Um, and when I read the post, that was my first thought.

I think the vast majority of people who saw that post and interpreted as, oh, look, those Nazis are back in Huntington Beach, which is unfortunately where they choose to hang out far too often.

Um, I want to express concern for item 22 regarding e-bikes.

The language is currently drafted is pretty broad and vague.

Uh, I know there was issues with sidewalks with the ordinance in 2023.

Uh, I just I know that ordinance was supposed to address a lot of these issues, so I hope you discuss what the results of that were and where we're going from there.

Um e-bikes and other mobility devices improve the lives of many residents.

We should celebrate these innovations, and I believe that improving the infrastructure is at least as important as enforcement in governing these devices.

There's only so many cops, and they're really great at their jobs, so we pay them well.

Um, and I don't know if they can govern every e-bike in this city.

Um talking about harsher laws without talking about improving our very dangerous roads is unwise, and in my opinion, lacks foresight as we get deeper into the 21st century.

Um, these bicycles and these other devices, they just they use way less energy, they do way less damage to our roads, they're way healthier to use because people are engaged as they're moving.

There's a lot of benefits there.

Um, finally, I'd like to thank you for having multiple housing items on the agenda because as you know, that's my favorite issue to talk about.

So I'll see you all later.

Good night.

Next speaker.

Um, I'm very glad to hear all of you openly denounce white nationalism neo-Nazi rhetoric.

Um, I wish that had come through clearer in the Facebook post that was made.

Um, as a transgender activist and a community organizer in this community, I'm very familiar with political violence and dangerous political rhetoric.

I have been doxxed.

For anybody in the audience who doesn't know what that means.

It means that my address, phone number, all that information, some of it accurate, some of it not, uh, was put out on the internet.

I've been stalked.

I have been harassed.

A number of people in this community, including the man who's about to speak to speak next, has said incredibly violent, vile things about me.

Clearly, I agree with you that violent political rhetoric has no place in this city.

I want to make sure that we're not rewriting history either.

So just a reminder, Andrew Gruel called constituents circus animals.

Pat Burns most recently called a constituent a fucking cow.

Gracie has called people groomers, and she participated in the writing of a book about conversion therapy.

Don Kennedy has called Gracie uh not Grazy, uh Rhonda multiple times, a DEI hire.

Butch has uh called people, called your constituents comic relief pathetic.

Uh and Chad, we all know how many times you've called us all evil.

Also, Ryan Sanchez is known to this council.

Um Gracie, there is video of you interacting with Ryan Sanchez, the said neo-Nazi multiple times.

Um and he most recently attended an Eagle Forum event at Calvary Chapel of Huntington Harbor, which you guys also attend.

So if we're going to move forward, I hope that you make changes and actually live by the words that you're using.

Next speaker, please.

So the rhetoric and lies that the left has been spewing about uh Charlie Kirk and led to his murder is the same stuff that gentlemen like this and local officials like Gina Tarvin and Chris Clue and our former city council members has been spewing in lies about every single person up here.

So, and I I see that Gina Tarvin and Chris Klue and these people are not here to defend their positions tonight.

But so for years they've been saying this stuff about every single one of these people up on the uh on the dais, calling them Nazis and fascists and stuff.

And look what happened to Charlie Kirk when that kept on being said and said they murdered him.

So Gina Tarvin and Chris Cluey want to murder Butch 20.

Gina Tarvin and uh want someone to murder uh Don Kennedy, uh Gina Tarvin and uh Chris Clue want someone to murder someone, uh Casey McKeon, Pat Burns, Gracie Vandermark, they want someone to murder them.

They want to murder all of them.

That is the left, and I wouldn't be surprised if this trans guy that was standing right next to me is would would try to do something like that, okay?

Um, he made lies about all you guys, just like Gina Tarvin and Chris Clue and all of them.

So they are the the Democratic Party is the party of murder.

And um, so yeah, you know, they've awoken a sleeping giant.

We're not gonna stand here and uh let you say this stuff about us anymore.

You're gonna have to kill us all.

And we are all Charlie Kirk, okay?

You've awoken a sleeping giant, Skywalker over and out.

Any other speakers?

All right, moving on.

Council member uh committee appointment announcements.

Anyone have anybody announcements for committees?

Nope.

AB 123 reporting.

Does anybody have anything to report?

Open openness and negotiator, negotiation disclosures.

Does anyone have anything to disclose?

No.

City manager, do you have anything to report?

Nothing to report tonight, Mayor.

Perfect.

So, city clerk, we're gonna pull seven, eight, and thirteen.

Uh and I'll make the mo uh uh motion um to pass six, nine, ten, eleven, twelve, and fourteen.

Second.

We have a first and a second.

Can you please call roll on those?

Councilman Kennedy.

Yes.

Mayor Pro Tem McKeon?

Yes.

Mayor Burns?

Yes.

Councilwoman Vandermark?

Yes.

Councilman Gruel?

Yes.

Councilman Williams.

Yes.

Item number six, nine, ten, eleven, twelve, and fourteen pass.

Six.

Two.

One zero.

Six two one.

601, right?

Yeah, oh well.

But just back, but okay, I pulled number seven.

Just uh, it's adopt resolution two five two zero two five-fifty nine, a resolution of the city council of the city of Huntington Beach opposing proposition fifty, the redistricting of in within California.

This is about as stupid as it gets.

It's based on something that Gavin Newsom says was completely wrong and inappropriate in another state.

So his answer is to do something that he believes is wrong and inappropriate.

That in itself is one of the tenants of childhood lessons.

Two wrongs don't make a right.

And here he is doing exactly that, and it has no basis of what's best for California.

It's pure politics and evil power mongering politics at that, which I cannot support.

So I oppose proposition 50.

Anyone, y'all double down on that to the mayor's point.

Uh newsome is is the height of hypocrisy.

When he says, in order to save democracy, we must destroy democracy.

And I was talking to a reporter today about, you know, up here we all focus and champion local control.

And so I just don't understand the rationale of of what another state is doing.

We don't live in Texas or any other state.

We live in California.

And voters have already voted on this in 2008 for proposition 11.

As we get to guys to remind you what that prop said was a yes vote supported, transferring the legislative redistricting power from elected representatives to a 14-member commission establishing a process for selecting commissioners and requiring a supermajority vote to approve a redistricting map.

The voters of California already voted for this in 2008 with Proposition 11.

And as the mayor said, this is nothing but a power grab, and most like an attempt to elevate himself for his presidential run.

And as Pat said, two wrongs don't make a right.

And what does it matter what another state does?

This is California, and it's we're about fair elections, and this is robbing our fair election process.

Anyone else?

Yeah.

Great.

So I am completely opposed to Prop 50.

What I hope that the residents understand is what this is doing.

It's allowing politicians to pick their voters instead of the voters to pick their representatives.

If you look at the redistricting map, some of the areas look like spider legs where they're connecting cities that have absolutely nothing with each other.

It'll be make it will make it diff more difficult to govern the cities and to make sure that our elections are fair.

We already have a board to work on these districting maps.

That's supposed to be unbiased.

Um fortunately, the governor is using the state of California as political pawns in retaliation for something another state did.

Whatever Texas did for whatever reasons they did it, that is not California.

We have our own problems here in California, and it doesn't matter what political party you are.

We should all be very upset about this because if it happens to one party, it'll happen to another.

We should not allow the governor to use us as his pawns to fight in a war that's not ours.

So I'm 100% opposed to Prop 50.

Andrew.

Prop 50 is a farce.

We all know that.

Everybody knows it.

Probably the people who support it know that it's a fart.

And NFART too.

And the thing is that this is the danger of a galvanized supermajority like we're seeing here in California.

And one of the speakers tonight actually made mention of Texas as being a rep as being a representation of what happens when a democracy gets shattered.

Well, that same person should probably look at California because Newsom is doubling down on that shattering of a democracy with Prop 50.

It's absurd.

It's all being done behind closed doors, and I fear for the way in which the media and the Democrat machine here in California is going to spew propaganda to get the drive-by voter to not necessarily understand or to obfuscate the issue and manipulate it so that they actually end up voting for this, even though that it's not in their best interest to do so.

So it's incumbent upon us to make this message from city council to educate people on this, and then ultimately it's in it's incumbent upon all of you who are watching to also spread the right information about how Prop 50 could destroy California.

Butch.

Thank you, Mayor.

Um I too am opposed to Proposition 50.

Um I didn't quite hear all of what uh Councilman uh McCann said, but it's very clear in the California Constitution uh that the voters passed in 2008.

Um it basically says, and this is in the California Constitution, it's uh Article 21 uh section two, uh, and deep in our constitution.

It says the commission shall consist of 14 members, five from the largest political party in California, five from the second largest political party in California, and four from the other, you know, independent uh uh other, you know, two other parties.

So it's a very balanced uh commission that does the redistricting.

Gavin Newsom wants to do it all by himself.

It's not right, and it's not what our constitution said.

That's not what the voters wanted.

So please vote no on proposition 50.

Don.

Thank you, Mayor.

All I really wanted to say is um although our state is super segmented with a supermajority on the democratic side, the beautiful thing about a proposition is it allows everybody's voice to be equal.

One voice, one vote.

So I believe when these common sense propositions are put on a ballot statewide, the result typically leans towards common sense.

So I have a lot of faith that uh proposition 50 will be understood for what it is, and depend on depending on how it's written, um, the vote against it, if that's how it's written, uh, we'll put an end to the gerrymandering.

Uh that's really retaliatory by a very bitter and very inadequate leader at the top of our state.

I'm sure that it's gonna be pushed with all kinds of misinformation and lies, and uh it's gonna be shameful if it passes.

But uh with that, I'm gonna move the item to oppose proposition.

Second.

Clerk, please call the roll.

Councilman Twine.

Yes.

Councilman Kennedy?

Yes.

Mayor Proton McKean?

Yes, Mayor Burns.

I councilwoman Vandermark, yes, Councilman Gruel?

Yes.

Councilman Williams.

Yes.

Motion passes 7-0.

All right.

Number eight will be Andrew.

Uh, yes.

So I just wanted to a couple questions on number eight.

I mean, this is a substantial amount of money, so it would be irresponsible not to examine it.

Um, and this is in regards to the extension of the contract with Mercy House Living uh for an amount equal to about 2.5, 2.6 million.

So I don't know who can speak on this.

I just had a couple questions.

Would it be you, Travis?

Yes.

Um, um, I will be, and we also have two staff members, Jessica Kelly, our homeless services manager, and Steve Holtz, our deputy director of community development.

So, whatever questions you ask, um, I'm sure the three of us are able to do that.

Great.

Well, I mean, I think I think just generally speaking, um, you know, very high level.

What are we seeing in regards to feedback from residents, feedback from the people who are actually going through the program?

Um, is there recidivism?

For the amount of money that we're putting into this, you know, can we quantify the you know return?

We all want to make sure that these people get help.

We want to make sure that they don't return to the streets, but we also from a city perspective want to make sure that we're not perpetuating the problem and we're not basically just establishing uh, you know, kind of a refresh area where people go and then just get let back out on the streets, go back in, go back out on the streets.

Yes, um, I'm gonna take a shot at it and then I'll um ask Jessica to fill in the gaps that I um may leave.

So um since the opening of the shelter, the city has served 990 individuals through the center.

Um two hundred have been um either moved to either permanent or temporary housing outside of the shelter.

The goal of the shelter is to provide a tool to um to address the homelessness within our city and um and to give the police department a tool and a place for um homeless individuals to go to.

And um since um uh opening the the capacity has been about 91 percent is on average is um is the capacity, and um and there and and guess I I guess I'll ask Jessica if she has any additional information to address the council members' question.

Thank you.

I do um with the the people that we've placed into housing, that comes out to about 20 percent that have moved to housing.

Uh other local shelters are falling pretty significantly below that, including some of the county shelters in Orange County, they're ranging between eight and eleven percent.

So it's really serving the purpose of helping people out and helping people move to housing.

Additionally, if we didn't have the shelter, that would come out to about six people experiencing homelessness per square mile of the city.

And as we know, people wouldn't spread out throughout the city.

There's certain areas where people hang out more than others.

So having that there is really improving the quality of life for the community as well.

And I think that there's been some misinformation just over the years in regards to the people that are uh are um that qualify for coming in and staying.

What are what are the specific mandates um in terms of do they have to be a Huntington Beach resident?

Um how are you allowing people in and are do we have a number as to the number of people that are rejected?

So everybody who's referred to the navigation center is referred by our city social workers and our homeless task force police officers.

They have a certain criteria that they follow when they're assessing individuals, and that is that you have to have had a permanent address here within the last five years, or your last permanent address would be in Huntington Beach, or um a job here within the last year, or currently um or significant ties.

Like this was your community, you grew up here, this is where your family is.

So we do reserve referring those with strong ties to the city.

And when people don't have strong ties to the city, then our city social workers will find the best fit for them and we'll help them get placed somewhere where they have their strong support systems.

And is there so with this number?

I mean, I think it works out because this is a 10-month agreement for a little bit, you know, two and a half million dollars, so that would amortize out to like a little over three million dollars on a yearly basis.

Um has that number fluctuated or has that just gone up consistently over the years?

So um the cost of doing this is increased.

We've had a um CPI increased over the years, but um the staff has been um through this contract, and this is a contract ten months plus two years on that.

So it's not just this 10-month contract.

So the allocation is for the to finish out 10 months and then will would we be approving and a subsequent two years as well?

The two the two years and ten months is uh.

Okay, so the 10 months on the tail.

Yeah.

Yes.

Gotcha.

Um, and I would I would just point out through the negotiation and through the RFP process, um, staff work diligently to reduce the costs and try to contain and contain increasing costs over time.

Some of those reductions as it has reduced the bed count by 10 beds.

Staffing and administration adjustments and the contract structure so that we can reduce those impacts to the city.

And then also requiring uh Mercy House to do fundraising and find other sources of funding that could help offset our city general fund.

Have and if we explored options for this, because traditionally I always saw this as a state issue that then the state distills down to the county and ultimately it's up it's in it's on the county.

Is there um have we explored options to receive any funding from the county?

We we have the county, the state, and the federal government.

Um we've uh in in earlier years we bit we were more successful in receiving funds um from them and being allocated um for those funds, and we're gonna we will continue to do that in the future.

And then uh just final question on the budget.

So looking at their budget as to how this money's being spent, the indirect cost of 224,575 dollars and six cents.

What is there a drill down into those indirect costs?

Um you know what I might um ask Steve Holtz if Steve, do you have some details on that?

Would it be okay if we invite uh the executive director of uh Mercy House to come down and uh be able to speak to that question?

Yeah, uh Larry.

Um while he's coming down, I just I'll point out that um the costs have been rising by um consumer price index um because the services have been um that they've been paying for has been going up.

Um typically um it was on the range of three um three million six hundred thousand um through this contract and through those items we discussed and items that are in the um staff report, it's reducing that um by over 200,000 dollars by about 5.7 percent, and definitely we'll continue to look for other services and with that I will provide let the floor floor for Mr.

Larry Haynes.

Hi, good evening, city council.

My name is Larry Haynes, I'm the CEO of Mercy House.

Uh first off, I want to thank you for our long-standing relationship.

I want to thank you for your support.

Um Sir, would you for with all due respect, would you mind please repeating your question?

I want to make sure that I answered the right question.

Was it our our administrative indirect cost?

Was that it, sir?

Yeah, the indirect costs.

I was just curious on some of the drill down on that.

Sure.

First off, please understand that everything that we are paid on is on a reimbursable.

So we have to have full backup, full accounting backup for everything.

So every line item, whether we're buying supplies for the office or paying accounting fees or paying our insurance fees, all of that is is itemized out, and then we only get paid until your staff approves those costs.

So I just want to make sure that we're absolutely clear on that.

There isn't any fluff in the in the budget or any profit or anything of that nature.

Administrative costs, there are certain things that literally have to be done in order to administrate uh um not only this contract but any contract, and I believe we're at a is it 10%?

Is that correct?

Excuse me.

Okay, thanks.

Um, so for example, we need to, in order for us to build properly, we have to pay accounting staff.

We have uh we're going to have indirect costs in terms of office supplies.

We're going to have indirect clock costs that we couldn't possibly have anticipated in the operation of such a such a sophisticated shelter is this that might not be covered under one of the other line items.

So it'll be picked it would be picked up by that amount.

Um, generally speaking, if you look at our costs as an agency, our indirect costs are less than 10%.

For nonprofit, that's outstanding.

Um, for most nonprofits, it's going to be usually double that sometimes.

So we're actually a very lean operation, sir.

And I mean if I may just point out one thing, um we would love to be able to present a budget that was smaller.

I'm a budget hawk myself.

I completely get it.

I've been in this job for the since day one for 35 years.

I understand that.

Um we are hit with costs that are fixed that we have absolutely no control over.

Things such as insurance and food costs and you know things of that nature, that if we could reduce those costs, we absolutely would.

And then I guess to that point, it's just a final question because you brought up food cost.

I know there's a it's actually not a high number when you break it down to the meals served and the heads, so I'm not questioning the cost on the meals, but I also know there's an amazing amount of organizations here in Orange County, many faith-based, many just food-based organizations that do provide food, and I've seen you partner with organizations like Bracken's Kitchen.

Is there an opportunity um even over the next 10 months to try and get flexible with some some of that outsourcing?

First up, we all, yeah, with all due respect, we do do that.

So that's that's an excellent.

And I've seen, we are partners with Bracken's Kitchen, as well as other faith-based groups that provide that to reduce our costs, and we are constantly looking for ways to do that.

I think it's an excellent suggestion and one that we will be diligent about, sir.

Okay, yeah.

I do have one item I didn't uh mention.

Um we um one this this year the uh mayor, the Mayor Pro Tem and and um past Mayor went to uh DC and talked to all of our uh legislative representatives requesting for funding for certain projects, and one of the funding, although um it looks like the city is going to receive eight hundred thousand dollars for infrastructure on the um uh navigation center site.

Although that doesn't go towards operations for this contract, but it shows um our commitment to continue to look for funding outside of the city to pay for these types of services.

Great, thank you so much.

And once again, my my purpose isn't to question the efficacy of the program, but merely just to drill down into some of these numbers.

It is a large cost.

I want to make sure that the investment that we're making from the city perspective is actually helping people, of course, um, to the degree that they're not getting falling back into that same cycle of homelessness.

Completely agree.

Thank you.

Just to clarify, uh this whole program is mandated to us, right?

We're we're mandated to have this program, aren't we?

So um, Mayor, maybe I'll I'll address that.

Um so at one time it was um um I can't think of the case Boise versus uh Martin Boys versus Martin.

Martin, thank you.

Thank you.

Mayor Pro Tem.

And um so uh for a period of time it was required if you wanted to enforce um um city rules within the city.

Um and so we built the shelter in um 2020.

Um yeah, the end of 2020.

And um since then um that has been overturned in the night Ninth Circuit Court.

Um, but um we have found this to be a valuable tool to help um keep our community um safe for our residents and help um homeless individuals within our city.

And it's paid for completely by tax dollars, whether it be through grants or anything else, just some of these faith-based food supplies, meal supplies are about the only exception, right?

Yes.

Okay, case.

Yeah, if I'm mad, just because this is one of um our proudest achievements, and Andrew, um, we of course share your initial concerns.

Um, but you know, when we were elected, we focus on this and we we do every every week as well about this issue.

So, under you know, since we're elected in 22 and 23, we place 59 people in permanent housing and 24, 79 people, and those are all time records in the city.

Jessica touched on it like we're almost doubling what other cities are doing in terms of metrics to get people off the street and the permanent housing.

We're one of the only cities in Orange County whose homeless numbers have actually gone down on the operator Mercy House.

I mean, we've met with Gracie Pat and I've met with other providers to run the navigation center.

Um they had really good presentations, talked a big game, and then we sent them the RFP, and they understood what the cost that Mercy House could do this for, and they didn't even submit.

Like we can't even compete with this.

So what I'm proud about with this and the team is that they've not only kept Mercy House here with a success, but they've also reduced the cost um to keep them at this facility.

So another efficiency that we're bringing to the city.

Also, the uh we approved, I believe, in 23 the the pathways project.

So that navigation center where the tent is will be redeveloped into a uh physical structure facility where the navigation center will be in on the interior, so we won't see that tent anymore.

And we design it in a certain way where if and when we we get our homeless numbers down so much where we do not require the navigation center, that space can actually be converted to other uses like commercial space, et cetera.

So it's it's a really big focus, and I just want to give everyone like the kind of the story about it.

But um it's it's a good service.

I understand the mayor's concern, but you know, with the investment to get people off our street to and everyone in the community, I know it says it like it's gotten so much better uh since 22.

It's it's a good you know, we have the services we're we're achieving great results, and so we're always trying to find ways as to supplement that money so our taxpayers aren't paying for it.

But so far, it's been a great service, and we're reducing this cost from the previous contract.

A couple questions were answered that I had during the the dialogue back and forth.

Uh I would like to say that um I see here that we have at the Mercy House the lower bed cost against some of our neighboring cities, and yeah, I commend you on that.

Um to Casey's point in the Fab 4 when they came in, you know, the Mercy House working with the previous council and the mandate from the Fab For, you do feel the difference in the homeless head count.

It it's way less visible because there is a uh a solution, and I do have a personal story that's it's it's actually rewarding when somebody goes into that mercy house, gets admitted because I I was naive prior to the council.

I I met a young man coming out of the post office, and I just I'm really outside of my nature.

I I put him in my car, I started talking to him.

Uh 29 years old, and he just seemed like he was a little little off kilter, but you know, a lot of hope in him.

So I thought I could just take him down there and just get him admitted.

I met uh Lieutenant Brian Lewis or Brian Smith for the first time.

That was when he was heading it up, and um he kind of walked me through the protocol.

I checked in with Brian uh a couple of days later, he actually made arrangements back down to uh Huntington Beach Police Department to go through that vetting process.

You know, is there some kind of local connection?

Uh, and I said, what what happened?

He said, you know, we admitted him, and I never heard any follow-up, but you know, it it is good to see that there are results.

It is good to see that you guys are managing your cost to the best of your abilities, and um, you know, I commend you.

I mean, yeah, I I know they're grinding on the numbers, which is what we try and do here, be physically responsible.

And I would imagine uh you guys want to continue.

If nobody else shows up for the RFP, it tells me they can't either beat you on price or they can't beat you on service, or probably they can't beat you on both.

So it's a little disappointing that we only had one respondent.

But if the competition uh knows they can't beat the lead horse, they're not gonna go through the process.

So maybe it's accommodation to you and your organization that people know that they will not get the bid because they can't compete.

So on that note, good work.

Thank you, sir.

Gracie.

I just want to take this opportunity to thank um Mercy House and our homeless task force, Jessica.

You guys have been amazing.

When we campaigned back in 2022, the biggest issue that everyone had was a homelessness.

It was uh growing, there was a tent down on PCH, and I believe Fifth Street, like we're not turning into LA, that's not happening.

Now no one's talking about the homelessness.

We find other issues, um, but no one's talking about it.

It's you know, it's never going to be resolved, it's just gonna be an ongoing issue, but you guys have done an amazing job with the resources that you have.

So thank you for all that work and our effort.

Andrew, I'll make a motion to move it.

Second, can we have a roll call, please?

Councilman Twine, yes.

Councilman Kennedy, yes, Mayor Pro Tem McKean, yes, Mayor Burns.

Hi.

Councilwoman Vandermark, yes, Councilman Gruel?

Yes.

Councilman Williams.

Yes.

I didn't pass the seven-zero.

Okay.

Now we're gonna uh 13's been pulled.

Grace here, Andrew.

Well, I guess we can both do it, but I'll just start really quick.

I wanted to make a clarification.

Um, we received an email for somebody who um used this crate um and um supports it in its natural form.

And that is not what this ordinance is about.

This ordinance only touches a synthetic version of Kratom, the one that's extremely addictive and stronger than morphine by like I don't know, like 30 times.

So just wanted to make that clarification.

This will not affect the people who are using it for medical reasons.

Um it would just affect the synthetic one, and we're restricting that to children where it's sold.

Um actually uh even like an Amazon, I believe you were able to buy this before.

And they will be notifying people cannot be delivered to Huntington Beach.

But once again, it's a synthetic version, not the natural.

Andrew, that's it.

She covered it.

Vic, just to clarify, it's it does it um prohibit the sale of straight cratum also to the kids.

Yes, so it also it does affect the to kids.

But that but to adults, it's okay, but the synthetic is overall ban and illegal.

Correct.

All right, awesome.

All right.

Uh make a motion to move.

Second.

Roll call, please.

Councilman Twine.

Yes.

Councilman Kennedy?

Yes.

Mayor Pro Tem McKeon?

Yes.

Mayor Burns.

Councilwoman Vandermark?

Yes.

Councilman Gruel?

Yes.

Councilman Williams.

Yes.

Motion passes 70.

Okay.

We're gonna move on to number 15, appeal of planning commission's action on conditional use permit number 24-007 and coastal development permit number 24-005.

The per forgive me on the pronunciation.

VOM residents.

Does anybody have any ex parte communications to uh disclose on this uh on item 15?

Hearing none, no, I spoke with my planning commissioner.

Okay, I don't know if this is no, okay.

No, cool.

City clerk, do we have any supplemental uh communications for this item?

One moment, we'll know for the public, okay.

Uh staff, please uh introduce the report.

Jennifer V.

Signor, do you want to introduce sure?

Thank you, Mayor.

Uh Wayne Carbaglio, our contract planner will give the staff presentation.

Good evening, Mayor, members of the council.

The uh item before you is an appeal of a conditional use permit and coastal development permit, uh, which is a request.

That's what I thought.

Request to demolish an existing 2800 square foot single story residence and construct a new 7700 square foot three-story single family residence with a 715 square foot two-car garage, 530 square feet of second floor balconies, and a 110 square foot third floor balcony at an overall height of 30 feet.

This is at 16471, Malden Circle, which is on Gilbert Island in Huntington Harbor.

The lot is 7700 square feet in size and backs to the harbor.

The general plan and zoning on the property are designated for low density residential.

Yes, the lot is 77 square hundred feet.

Yes, the lot is 7724 square feet.

And the project is 7696?

Sorry, so I rounded it up.

Sure.

Uh again, the general plan of zoning is low density residential, all uses on the island are single family, which range from single-story to three-story homes.

Following a public hearing back in February, the zoning administrator approved the project with findings and modified conditions.

The item was appealed and brought before the planning commission at their June 10th meeting.

Following public testimony, discussion, and several motions, the planning commission voted on to a 3-3 tie, which upheld the zoning administrator's approval.

An appeal of the planning commission's action was filed by Mayor Burns, citing that the project was not compatible with the surrounding community.

Staff has analyzed the project, and after several revisions over about a nine month period to the originally submitted drawings, staff found that the development was consistent with the existing single-family residential neighborhood and zoning regulations.

Three-story homes are permitted in low density residential districts citywide with approval of a conditional use permit.

The proposed 30-foot building height is compatible with the surrounding neighborhood, which is developed with single-family homes with similar building heights ranging from 25 to 35 feet in height.

And the third floor habitable space is designed to be integrated within the roof volume of the second floor to ensure the residence is compatible with and in proportion and scale with the surrounding neighborhood.

Finally, the third floor balcony is oriented toward the channel and set back five feet from the building exterior.

There was an issue with the AC units.

They're proposed on the roof to minimize noise impacts.

There are other waterfront lots on Gilbert Island and surrounding islands with approved three stories and andor decks exceeding 30 feet in height.

And the project complies with city parking requirements and is designed with an additional tandem garage space.

There is no other use than a single-family home proposed for this project.

This is an aerial map of Gilbert Island and the surrounding area, depicting the location of previously approved conditional use permits for three stories and two-story homes greater than 30 feet in height.

Just to provide some background as to the city's third-story ordinance and why it was adopted.

Back in 1992, the city council adopted an ordinance to regulate third-story design applicable to single-family homes in low density residential districts.

Between 86 and the adoption of the ordinance, the zoning code permitted three stories without design limitations, subject to approval of a CUP by the planning commission.

Prior to 86, third story construction was permitted by right, provided the overall height did not exceed 30 feet.

Now, prior to adopting the third-story ordinance, our harbor code committee was created by the city council to review three-story construction in Huntington Harbor.

The focus of this committee was to review design requirements taking into account issues of compatibility with the surrounding neighborhood.

The committee ultimately determined not to prohibit third stories, but allow them subject to restrictions on size, design, and interior use.

Such restrictions were intended to minimize the obtrusiveness of third stories and maximize compatibility with surrounding one and two-story homes.

The city's current zoning ordinance reflects the committee's effort and the code amendment ultimately adopted by the city council.

Here are some photos of several homes on Gilbert and Admiralty Islands that reflect varying heights and architectural styles, all between 30 and 35 feet in height.

The project complies with the general plan and zoning requirements, including building height, setbacks, lot coverage, parking, and landscaping.

The project is designed as a 30-foot-high two-story home with third-story floor area designed within the confines of the roof volume, which minimizes the massing of the three-story structure.

Here are conceptual elevations that depict the majority of roof eaves designed to the 20 foot height with architectural roof elements designed with eaves to the maximum 25-foot height limit in compliance with our zoning code.

Again, the project's design is a two-story structure with third-story habitable area within the roof volume.

The city council may approve the CUP and coastal development with suggested findings and conditions, finding that the project is consistent with the general plan, consistent with the requirements of the base zoning district, as well as other applicable provisions of the Muni Code.

It is compatible with the existing neighborhood and incorporates quality design and materials.

Or the council may take an alternative action to deny the CUP with findings or continue the CD the action and direct staff accordingly.

So that concludes the report.

We're here to answer any questions.

Well, if if you were to make a finding for denial, you would have to determine that it's not compatible with the surrounding neighborhoods and and not consistent with the zoning code.

Okay, and you guys base the compatibility, it seems like mainly on just height.

Because I'm looking at a map, and I'm just confirming that on that side of the street, including Malden Circle, which is kind of the part of the you know the kind of right along that channel from so from the west end down to the east end of that channel on that north side, this house would be almost 3,000 square feet bigger than any on the map I'm looking at.

Now I haven't checked the veracity of this map, the accuracy or anything, but it looks pretty good.

But there's two houses that are just barely um 3,000 feet under the 3,000 foot.

The rest of them are 3,000 feet at least, if not more, less than this house square feet.

That's 3,000 square feet.

So it's an amazing amount, it's amazing.

Much bigger.

So in that aspect, how is that compatible?

I guess I I would answer that by stating that the code has given property owners or uh the rights to design within a building envelope.

So you know, with the zoning requirements, we've kind of given them a set of rules to design to with respect to setbacks, billing height, um, you know, floor area, parking requirements, and so forth.

So, with that those rules, they go ahead and design within within the rules, so they they um you know, so that makes so in your guys' judgment it's compatible.

Well, in terms of compatible with the low density residential district standards, mayor.

So maybe some of these questions would be better asked after the No, I'm just it's based on the report, that's all I'm why I'm asking.

Mayor, another thing I'd point out is that when you have um, so compatibility would be one consistency with the zoning code, because when the council sets what the zoning standards are, they're determining that anything that falls within that would be consistent with whatever the other uses are in that zoning district.

So in the resident single family residential, it's pretty much the only thing that's allowed.

So anything that fits within the uh zoning standards of the single family residential zoning district would be considered consistent and compatible with whatever's around there.

In addition, um, when we look at the size of a house, we look at what could the maximum size could be, and that's usually based on a floor area ratio or lot coverage.

So in the harbor, many of the uh the properties in the harbor on the various islands, the lot sizes are about five thousand square feet.

In some cases, the lot sizes are larger, so for instance, a 50% lot coverage on a 5,000 square foot lot is gonna probably result in a smaller house than a 50% lot coverage on a seven or eight thousand square foot lot, but proportionally they're the same size on uh proportionally to the lot.

So the public understands what the 50% means lot coverage?

Lot coverage is the ratio of how much you can cover the lot to the size of the lot.

So if you, for instance, if you had a six thousand square foot house, uh you could cover the lot, meaning uh roof coverage, right?

Uh up to three thousand square feet.

So that doesn't mean that you can't only have a three thousand square foot house.

And cantilever out and stuff too.

Well, you could go two stories, you could have three thousand on the first floor and three thousand on the second floor, let's say.

You generally won't have that because you have to put your garage and some other things, but um it generally speaking, the the larger lots will have larger homes on them, and they will this they will still all be around a 50% lot coverage.

Can you show that slide again that has the comparable houses, the numerous ones, please?

Yes, okay.

Um you guys use that.

Uh, I believe it's 16642 Somerset Lane as a comparable house.

Right, the one in the upper left corner, upper left, yes.

Yeah, now that one, I went out and looked at this neighborhood, and yeah, it's big, but I'm wondering, is that considered comparable?

Well, I mean, in reality, in the sense that it's built, because I'll tell you that one in particular, I could not walk straight down the side of those houses.

On the sides of those houses, if there's three foot walk space, I'd be amazed.

It looks like two foot because I'm telling you, I would have to shuffle down that, which I was gonna ask about.

I thought there was a five foot clearance.

So I'm wondering how that compatible house or comparable house uh is within like being compared to this one.

That home there on the upper left at six six sixteen six four two Somerset, uh, is a 35-foot three-story home, 6960 square feet, so almost 7,000 square feet.

Uh there should be a five-foot side yard setback on both sides, and that's to the structure to the property line.

Now, where a wall that separates the home is situated in relation to the property line on this property, I don't know.

But there should be a five-foot setback side setback on both.

No, um, maybe perhaps it's time to start open the public hearing.

Okay, I'm just clarifying this.

The uh the report, that's all, and right now it's uh that's in the report, and I cannot believe that's a legal build right there.

That's why I'm asking.

And you guys are using it as a comparison, but um with that, uh, anybody else have uh a question regarding the report?

Yeah, so um, I mean, I see it as there's an established pattern of development in the neighborhood already, um, you know, whether the zoning matches the character of the neighborhood, etc.

I think that's a separate issue.

It's a little bit qualitative.

I think that things what's some of what's being proposed is out of sync with the character of the neighborhood.

How do you take that into consideration with proposals independent of we're focusing on this third story piece piece in the height, but like generally speaking, you've got if you've got like a McMansion in the middle of a neighborhood that it's uh that's completely out of character.

Um how do you take that into consideration?

Well, so the uh just want to point out that there's two uh entitlements that are being considered.

The first one is a coastal development permit.

So the coastal development permit, when making findings and considering whether or not to approve the CDP, the findings are strictly related to um compliance with the coastal act and any um compatibility or consistency or impediment to coastal resources.

So it's a separate set of findings.

The reason why we're focusing on the 35 feet and the third story is because that is the subject of the conditional use permit.

If they were didn't have those two requests, then uh there would be no public hearing tonight.

It's a by-right approval.

When we have uh buy right approvals that's a count over-the-counter approvals, it's simply a zoning checkoff and um a ministerial permit to say this complies with code, and therefore you get to have a permit.

So the property owners can have some certainty that if they comply with code, they get their permit.

So we don't go into the design as much.

I get on the report, yeah.

Okay, we can ask during after public hearing too.

I just want to go for it.

Um, so if they weren't trying to get a third story, they wouldn't need a C UP and they could build just as high as they are right now, just without making it a third story for people to live on it.

Yeah, yes.

So if they were it proposing a third floor within the roof volume, this one is uh proposed at 30 feet, which is not subject to a CUP.

So if they um removed the third floor, theoretically, they could build the exact same structure from the outside at 30 feet and the same setbacks and law coverage.

Okay.

Uh let's go forward with opening the public hearing.

Uh city clerk, do we have anyone signed up to speak?

Yes, we have 15 speakers.

Okay.

Uh individuals wishing to provide a comment for this item scheduled for the public hearing, may do so 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.

Each speaker may have up to three minutes, unless the volume of speakers warrants.

So we're gonna give all three.

Um, and uh yes, call them all, please.

Richard Lewis, Michael No, Clyde Euronian, Kay Lu, Brad Bailey, John, Tom, Angie Wong, Francis, Perry Clithrow.

Duke Hu Huyun, Daniel Levin, Angela Wong, Catherine Boong, Kevin Boom.

Okay, first speaker.

Good evening.

Um, again, my name is Perry Clithrow, and thank you for hearing me out again.

Uh, normally when I speak about housing issues, I'm concerned with the plight of renters, the middle class, and with working families.

Today, my concern is another pillar of our economy that most of us cherish, and that's the sometimes too elusive.

American dream.

Many people in many families dream of thriving financially, and for many people building their own beautiful homes is one of those goals that they that they strive to check off.

Tonight with this appeal, we are trying to overthrow the lawful approval of two of these dream homes.

I urge the rest of the council not to grant this appeal.

These property owners and these are architects have designed homes that conform to our zoning codes, denying them because they don't conform with the character of the neighborhood is an arbitrary assault on property rights, made especially heinous since staff has provided a bunch of evidence of homes that at least to me look like McMansions.

Maybe I just need to get to know them better.

Besides the nine, um, besides denying these families their dream homes, you're also denying two architects, two construction companies, and a variety of contractors.

They're they're work and their wages that they deserve the right to be able to do.

Perhaps most perplexing is that you're denying the city of Huntington Beach tens of thousands of dollars in property taxes that these properties would generate.

I know that I'm a broken record issue on these issues, but it's not just partisan and it's not just about the poor, it's about property rights and free markets, which is how this country has thrived.

Whether you're refusing to update our housing element or arbitrarily denying these two families their dream homes without a good reason, it's offensive to the tradition of economic freedom that uh Americans cherish, and I urge you not to go this route.

Thank you.

Next speaker.

Uh good evening, uh, Mayor Burns Council members, uh, Brian Thenis, uh 39-year resident, uh planning commissioner.

Um, I was on the planning commission that uh heard the appeal up from the zoning administrator, and we were split uh three to three when we only had uh six uh uh planning commission members, and uh three were in favor of the the code, and and three of us felt that the uh uh the proportion and scale was not consistent or compatible with the adjoining uses.

The land use element says it has to be consistent, compatible with the adjoining uses.

And in this particular house, they're using the the steeper pitch roof, which then limits you to uh a 30 foot tall building.

And uh I love seeing some of the new architecture.

These are all two-story homes, by the way, and a lot of beautiful architecture in the in the city, and it'll the value will increase and people will love these houses.

But this three-story, 30 foot building, it's got this huge clear span.

We haven't seen the structural drawings, but the this is gonna have low ceilings.

It's it's I I don't get it.

It's just a build it as big as you can kind of house.

The other thing, it actually does not meet the code.

The the it says that everything on the third floor should be contained within the roof line.

And if you look at code section uh 2106, subsection MD, habitable area area above the second story top plate, should be contained entirely within the roof line, except for it does allow for uh uh patios or decks, but the deck has to be set back five feet from the main house.

In this particular house, the second floor is set back five feet, but it says that you're supposed to set back from the main house.

So wherever you put the main house being the two-story house, the build by right house section, that is not set back five feet.

So it it actually is not per code.

Um the reason why this requires a conditional use permit is that it's a discretionary approval.

Does it fit the neighborhood?

Is it the right thing to build?

Now we're not telling this landowner that he can't build his home.

We're just saying, hey, maybe maybe you ought to shrink it down a little bit, maybe you ought to get it to fit the neighborhood a little bit better, and that that's why it's a discretionary approval, is that you have the right to say no, it's just too big.

And to me, it's just like trying to cram a uh, you know, a five-story 210 unit uh uh apartment building in Huntington Harbor.

It just doesn't fit.

So anyway, thank you.

Thank you.

Next speaker, please.

Hi, good evening.

My name is Daniel Evan.

Can you put the speaker closer, please?

Yeah, thank you.

Yeah, my name is Daniel Levin.

Uh, my wife and I uh live in Huntington Harbor since 1990.

Uh prior to moving in, we purchased a vintage 1965 home that we demolished and built our existing home.

Soon after uh the construction was completed and we were able to move in.

I noticed a separation of the seawall cement construction joint.

We were able to contract a civil engineer that had a great deal of experience in seawall construction, and he was part of the original seawall construction on our island.

Fortunately, after a great deal of anxiety associated with this problem, the repair was completed, but at great cost.

The seawall fortunately was stabilized, but we did learn during the repair that there was a great deal of undermining of the foundation of our home, and that the seawall failure could actually jeopardize the foundation of our home.

Since the repair, we have not seen a return of any seawall movement.

However, we are not isolated.

We live in the harbor, and our seawalls are joined with our neighbors, and for better or for worse, they're only as good as the weakest link.

I bring this to your attention, noting that if our house, which is nearly 30% smaller than the proposed house across the channel, could cause such movement.

And top of the list are the seawalls.

These seawalls are mainly um, well, these seawalls are city-owned and are mainly on the main channels.

But I know from experience that on the side channels which this is located, it is the property owner who's responsible and owns the seawall within his warfage rights.

If for any reason the seawall is damaged, then it's up to the property owner to repair it, which could place an undue financial burden on everyone.

My wife and I are very much in favor and encourage homeowners to improve their property.

Our island, we almost think of as a renaissance island, however, we respect you, sir.

That's it.

Next speaker, please.

Yes.

Um hello uh mayor, council members.

My name is Michael, my name is Michael No, and I am a resident at the harbor.

Um I think there's two main issues here.

One issue is about compatibility and seawalls.

Well, I tell you what, I'm a very humble man, and I don't like to talk about myself, but I do have one of those big homes on the harbor, and um, it was built about eight years ago.

I have no issues with the seawall whatsoever.

My neighbors have not complained about anything with the issues of seawalls having big homes next to them.

Um, and the other thing is that um talking about size, um, have you seen some of these homes in Newport Harbor?

I mean, they're they are way bigger than ours.

Okay, and so I I don't hear much about seawalls having issues over there.

So uh earlier I heard something about having issue of seawalls.

Uh, I would like to see those information or where are the facts of coming from about having big homes and having uh issue of seawalls.

Um, with due respect, um, mayor, um, across from my home, um, across from the channel uh about a year ago, they did build a home that's about I believe six or seven thousand square feet, and um the home next to it, I believe it's probably built in the 70s, it's a single-story home.

I I can't imagine that home being bigger than 1700 square feet.

So there's a big discrepancy differences, but anyway, the home uh was built and it was approved by the city.

So I I hope the city is consistent with that uh that approval.

Thank you.

Next speaker, please.

My name is Thomas Sada.

I just want to say I'm here to approve uh the new home for Kevin.

If you're looking at size and mass, if you look at these homes here, they're already built, and we're gonna be like Newport Beach one day.

He's talked about hind Newport Beach.

We can't be turning down beautiful big homes because this is where you know you guys are businessmen up there.

That's what it's what it's doing to the property values of the homes we own now, compared to what's good there now.

Look what's there now, and look what's pro what what he's asking to have.

You guys are not looking at that.

You're just looking, oh, look, on just I don't know what you guys it's just I'm I'm not good at speaking, but he's building a big beautiful house, and that's gonna prove all the property values around the whole harbor, is all I have to say.

So I mean, look at it that way.

Look what it's gonna do to the property values coming up.

Thank you very much.

All right, thank you.

Next speaker.

Good evening.

My name is Anji Wong.

Um, uh, thank you guys for staying late for the meeting.

Um, I live in Huntington Beach, and um I'm here tonight to support the new resident in the 1671 modern circle.

The plans exceed all the city codes, heights, elevations, and setbacks.

And um, just living in the Huntington Beach, I see many, many homes uh built.

They're beautiful.

Um, you know, they're thoughtfully designed and make the neighborhood a lot better.

And and it's just so nice to just paddle board around the area looking at these beautiful homes.

Um, the Modern Homes is the same, you know, tasteful, functional, fully compliant.

The owners are Aquitec, put in real effort into fitting the community, and I care for this area, and I believe this home will be a big um a positive impact in our neighborhood.

Thank you.

Thank you.

Next speaker.

Good evening, Mayor Pat Burns and City Council.

My name is Rich Lewis.

I'm resident of Huntington Harbor.

I live directly across the street from this uh house we're talking about.

Um, I would like to talk about the conditional use permit.

As you know, conditional use permit exists ensure that the land use proposal that may be appropriate in some areas but not all receive additional scrutiny.

Scrutiny, which is particularly important in communities like ours that face unique environmental and neighborhood impacts.

The proposed project does not align with several key CUP requirements, including in capability with neighborhood characteristics.

The proposed development would significantly alter the characteristics of the surrounding areas.

Huntington Harbor is a low density residential waterfront community.

The size, scale, and intensity of the proposed projects are incapable, incompatible with the surroundings homes, many of which have preserved their original character for decades.

A CUP should not be used to force the development of a neighborhood where it clearly does not belong.

Environmental sensitivity and coastal impact.

Huntington Harbor is part of a sensitive coastal zone, and any CUP issued here must comply with California Coastal Act.

There is no evidence that this project significantly migrates, impact on public access, marine resources, or coastal view.

A CP should not be used to bypass the community long-standing commitment to coastal stewardship, condition usements are sometimes granted when a project serves a clear public benefit.

This one does not.

Is the private development for private gain with little or no offsetting values to the border community?

Conclusion, city staff and council have a duty to apply the CUP standards fairly, constantly, and in a way that reflects the long-term health of the harbor.

This proposal fails on multiple counts.

I respect urge the council uphold the integrity of the CUP process and deny this building permit.

Thank you for your time.

Thank you.

Next speaker.

Thank you, Richard.

Council members, I'm gonna skip the fluff and stick to facts.

The average home on the small channel is about 2700 square feet.

The project at Malden Circle proposes about 7700 square feet, almost three times larger than the community standard.

This is not a minor variation, it's a dramatic anomaly that would dominate the channel, block light privacy, block light and privacy for its neighbors, and set a dangerous precedent for mansionization.

We don't want Huntington Beach turning into LA.

Somebody said that earlier up there.

I agree.

If the project's approved, others will follow, and soon our neighborhood's character will be replaced with oversized structures that channel the aging seawalls, and we're never designed, it was never designed to support.

We are not opposed to development, but it must be consistent with the scale and balance of our community.

For those reasons, I respectfully ask ask the council to uphold the appeal.

The zoning administrator found this project exempt from CEQA.

Everybody knows what CEQA is, right?

I'll go over it.

By applying the standard categorical exemption for single family homes.

CEQA does not allow exemptions where unusual circumstances exist.

This is an unusual circumstance.

And I'll tell you why.

It's 7700 7700 square feet, is three times larger than the average home on the street.

There's a case where a California Supreme Court in Berkeley Hillside Preservation versus City of Berkeley specifically held oversized homes can constitute an unusual circumstance.

An unusual circumstance will does not let you make this home exempt from CEQA.

California Environmental Quality Act.

That's what that is.

So add this, add that to the fact that the houses are sitting on aging seawalls, sensitive coastal zone.

Conclusions clear, the project is not exempt.

It requires an environmental review.

It's called an EIR, environmental impact report.

All these homes need EIRs.

In the City of Huntington Beach, if the City of Huntington Beach approves this as an improper exemption, seawall and the seawall or surrounding infrastructure is later compromised, the city could face significant liability.

Shit.

All harbor residents would have grounds to pursue legal remedies, much like what we're seeing in LA, where residents are now paying for the consequences.

LA had fires, we'll have floods.

Council members, I love Huntington Beach and plan on living on Gilbert Island for the rest of my life.

My concern is not just about one oversized house, but the long-term safety integrity of the harbor.

We already know it's a flood zone.

Most of us can't get flood insurance.

If the seawalls are strained and ultimately fail, water will flood through through our homes in 10, 15 years from now.

Um there's a sequel guideline code.

The code is 1530.2C.

It states a categorical categorical exemption shall not be used where there is reasonable possibility that activity will have a significant effect on the environment due to unusual circumstance, such as oversized homes.

Why is it an oversized home?

Three times the size of the average floor area ratio does not matter.

It's irrelevant to CEQA.

Sequo doesn't care about fluoride ratio.

Floor area ratio is what we're talking about.

If you got a 10,000 square foot lot, you could build 5,000 square feet.

You gotta have 5,000 square feet of dirt, 5,000 square feet of house.

That doesn't matter for CEQA.

So what I'm saying is if you are going to approve it, at least let's get an EIR report first, and then Council members, I'd like to focus on the seawalls protecting the small channel.

These walls were built in the early 1960s when all the homes were just 1,499 square feet tract houses.

Since then, the average home size has grown to set 2,700 square feet.

You can refer to the map that we left you guys at your seats.

Um, yet the seawalls have never been upgraded.

Now a project is being proposed at nearly 7,700 square feet, triple what the walls were originally designed to support.

Concrete seawalls built in the 1950s and 1960s typically have a lifespan of about 50 to 60 years before major rehabilitation or replacement is required.

The seawalls in Huntington Harbor were constructed in the early 1960s, which means now they are more than 60 years old and already past their original design lifespan.

The city of Huntington Beach has acknowledged the aging condition of harbor infrastructure by investing in the renovation of the bridges that connect the islands.

Yet the seawalls, equally critical infrastructure, have been left to homeowners, even though they protect the entire harbor community.

This discrepancy highlights a known infrastructure risk that has simply not been tested by a major flood or collapse event.

If the bridges require upgrades, it is clear that our seawalls do as well, and we cannot afford to place additional strain on them by allowing oversized new construction.

Under CEQA, this combination of aging infrastructure and oversized development clearly constitutes an unusual circumstance, meaning this project cannot be exempt and must undergo full environmental review.

Don't just take my word for it, Council members.

The City of Huntington Beach's own infrastructure report card assigned our harbor facilities a grade of D, flagging them for immediate critical need for immediate critical need with an estimated shortfall of 18.6 million dollars in repairs.

This is not opinion.

This is the city's own technical evaluation.

Allowing oversized development without reinforcing these deficient seawalls is like stacking new weight on crumbling foundation.

We are not developers here to pump and dump.

We live here and we intend to stay.

The risks are real and immediate.

Under CEQA guidelines 1530.2c, categorical exemptions cannot be applied when unusual circumstances exist that create a reasonable possibility of significant environmental impacts.

An oversized home triple the community average placed on a failing seawall system already graded a D by the city is precisely such an unusual circumstance.

Before any approval is considered, the city must require a full independent seawall engineering review and environmental analysis.

Anything less exposes the harbor and the city itself to unacceptable risk.

For these reasons, we respectfully ask the council to deny this project.

We love Huntington Beach and we want to keep our neighborhood safe and we do not want to see our harbor turned into a developer's playground at the expense of its residents and long-term stability.

Thank you.

Good evening.

My eyes are glazing over.

It's been a long night, guys.

My name's Sam Pontibianco.

Uh I live 16461, right next door to the proposed project, single-story 3,000 square foot.

Um 25 year HB resident, 10 years in the harbor.

Um we've got five bordering houses across the uh the channel, right and left of the project, and behind.

All you know, all speaking, all have spoken, and you know, in opposition.

Anytime you get five neighbors agree on anything, it's a it's should be considered.

I mean, that's it's crazy.

Everybody's in agreement around our area, the actual area the house is not the whole island, just the actual 500 foot proximity from the project.

Uh it's you know, four generations of homeowners, all different ages.

We're you know, we're different ages.

We, you know, some are retired, some are working, some have kids, some have grandkids.

Uh so it's not just you know a bunch of guys getting in, you know, coffee and wanting to stop progress here.

Uh key points.

Uh, I'm just gonna go over seawall, solar array, and I'll just just discuss a little channel uh map that we've gone over here.

Uh when I moved in, I actually had seawall issues, and that entailed a lot of remediations, a lot of impact studies, cost.

I pumped dye in, you know, leak tested, weep, um, had to backfill.

It's a real thing.

And you know, my neighbor across the way, Dan, you know, he's you know, he actually had to deal with it maybe on a much grander scale when he built his house, but this is a thing.

I know people are talking about it, talking that it doesn't exist.

Uh I I have the bills to prove it.

Uh, I'm worried about my neighbors, you know, building these huge things, and and actually I'm I'm here on record just because you know, when something goes down, I I'm I'm gonna take action.

So I'm that's it's it's a real thing.

Uh solar array and shading.

Okay.

Last year, I went through the extrusion pain of getting all the permits, HB, all you know, all right.

I've got 40 or 50 to 50 panels across my roof and spent over 100,000.

Um, I've I'm gonna pass out some, you know, pass out some pictures when you guys start to review.

I've got two shots here.

I've got a shot out of a drone on the current 11 foot level, and then I just same, you know, same uh angle.

I raised it up to 30 feet, and you guys are gonna see the difference.

It's totally gonna knock out my solar.

Um, I don't think we've caught up as a city or maybe in a state to deal with such a thing, but you know, when you're investing in solar, you're investing in clean energy.

Uh when somebody takes it out on a building, like you just can't plant trees to block somebody solar, so why are we letting somebody just erect a huge house on a lot that's actually smaller than my own lot?

Um, that's you know, moving into uh the little channel area, 2700 square feet.

Um this house is 7700, but honestly, let's just call it 9,000 when you take into account the garage and you know the decks, the decks overlook my pool, literally stadium style, looking right down on my pool.

It's it's gonna be massive.

Thank you.

Next to you.

Okay, my name is Brad.

I live next door to the Malden Project.

Um beyond safety, this project also raises other coastal concerns.

The Coastal Act requires uh protection of light, air, and scenic views.

A three-story wall of glass and concrete will cast shadows, block natural light, and diminish the very coastal characters that the law is meant to protect.

We have all seen what happens when risks are ignored.

In Los Angeles, neglect negligence with fire prevention led to the palisades fires destroying entire neighborhoods.

Here in Huntington Beach, ignoring failing seawalls while approving oversized projects is just as dangerous.

This isn't about stopping development, it's about keeping the island safe.

Please uphold the appeal and ask for the project that respects both the limits of the seawall and the character of our neighborhood.

Next, Kevin's Malden Build references a comparable down the street, top left hand corner, 1664 2 Somerset Lane.

There's only one problem.

That the Huntington Beach City Records show a one-story house, so it would appear that comparable that the comparable they're referencing is not an approved build.

I have it right here from your records.

That's a picture of the house in the top left corner, and here's Huntington Beach record showing a one-story house.

I'll leave that here for you folks to review.

In closing, here is a question we all must ask.

Why is Kevin, the owner of 16471 Malden Circle, and the owner of 16902 Coral K Lane trying to build two houses using the exact same architectural plan?

He is trying to build a 7700 square foot house next door to my home on Gilbert Island.

He is also trying to build the same 7700 square foot house on Coral K.

The Coral K architectural plans have been already been approved by Huntington Beach Planning Commission.

At 4 30 this afternoon, the board of the Coral K Association is shutting down the build and requiring the plans to be drastically reduced.

Back to my original question.

Why is Kevin building two identical houses?

We all know he cannot live in two houses at the same time.

The answer is simple.

He wants to build the biggest houses in the city of Huntington Beach will allow him so he can flip one or both, knowing the bigger house, the bigger the house, the more money he can make.

It is also apparent that his plans are he wants to come into our community and rape our environment and for his personal gain.

Good evening, the honorable mayor, the honorable uh council members.

And thank you so much for allowing me.

Can you hear me well?

This is the applicant.

Are there no more speakers?

I don't know.

Oh, there's another one.

Okay, so I don't want to go.

Um the applicants are gonna go last.

Uh, are there any other speakers before you?

Um he's the architect, so I could be last.

Are you last?

Is there nobody else?

I don't know.

So I actually sign up as speakers.

Okay, uh, we'll try to get the speech first, and then we'll are there any other speakers beside you standing in line.

We'll do the architect three, and then we'll go to the game.

Okay, okay, go ahead.

Thank you.

Okay, good.

Your honor may you and uh city council.

Um good evening.

My name is Dickwee, I'm the architect for the project.

So uh eventually I'm invited to come and talk.

Um, but as an architect, I want to just to talk strictly.

Uh no bias.

Um, stick strictly to my professional opinion and my professional uh practice.

So uh eventually, every time we start a project, um whether it's gonna be a government project or a private entity project.

The very first thing I do would be um trying to understand the local code.

Thoroughly, thoroughly, not just reading through it.

And then also when I met with my client eventually, I first thing I do would be driving around the neighborhood, trying to show the respect of the context.

That what we've been trained in school for many years, and that what my philosophy of practicing architecture respecting the context, respecting the owner, and respecting the city, the government, because the government is a highest entity that uh creating all the law that I need to abide with.

Uh so the purpose of the code is pretty much for me uh as a tool for an architect, whether I I license multiple states, so I can practice in New York or California, but I'm my home base in California.

So I need to use that as a Bible to stick to to design to make sure that it is public safety, wealth, and health and health uh welfare.

Um, so as you are understanding all the design that we are doing there, eventually we've been working on this many, many months, not just a single week, a couple weeks, or we just sketch it and then throw it on there.

We spent a lot of time working with the city back and forth trying to understand what the client needs and what is the restriction that the code is gonna be interpreting.

There's some area where there's a gray area we need to clarify, and I tell you, we have one of the best planning department um that and ever work with.

Um, so as you prepare to and and I'm gonna speculate because there's a lot of information that we were talking about about the size, the compatibility.

Uh, I think Wayne has already said it all.

So I'm not gonna repeat what we've been talking already.

So I'm gonna say that uh before you make your final decision.

This is gonna be um I'm gonna read this, so uh, I respectfully urge you that um to ensure that the upcoming decision is guided by um uh establishing the local code um that require rather than sometime personal interest or uh consideration that could be uh my apologize, but I need to be sincere and frank, could be wrongfully perceived as a discriminatory.

Uh and you are the highest uh government body that represents our community.

Uh so the the um I'm hoping that um your role would be carried the responsibility of the um uphold the fairness, uh the transparency, and the rule of law.

Um and I sincerely hope that uh by adhering to the code uh the code, ensure that your decision would be consistent, uh equitable, fostering public trust in the process.

Thank you very much.

Thank you.

Okay, now I think we're done with speakers, and this is the owner right here.

Good evening, the honorable mayor, the honorable council members.

Um I'm Catherine, I'm the Vaughn family.

And um I'd like to thank you, all of you, the mayor, the council members, and as well as all the neighbors and all the friends, uh, came out supporting some of the neighbors opposing our plans.

Um, projects approved back in February 2025, and um a planning commissioner approved our projects in compliance with all the requirements of city codes and regulations, the setback, the zoning, the building height, the lot coverage, and the privacy standard.

Um, this is our family dream home.

We're not flipping it.

We love Huntington Beach.

You know, we're biking around, we love it.

We work very hard for 35 years, our whole family of 10 brothers and sisters and parents.

We love Huntington Harbor, we love the city, and we plan to stay here forever.

So, um, our family, we have children, they're gonna get married soon.

Our parents are gonna move in with us.

So we can live together and Huntington Beach is our home, forever home.

And um, I just want to point out to you that um, you know, talking to incompatibility.

So across the tree from our modern home, you're gonna see two very big homes right on Gilbert Island.

So you can see right there today.

I pass out these for you, the honorable mayor and the honorable council members.

These flights.

If you can look it back on number one, number one on the on the document I gave you today.

So number one is right on Gilbert Island.

It's one six six four two summer set land, 7,025 square feet.

Beautiful home, beautiful.

You know, when I every time I came by that house, I dreamed of some days our family could be able to build it.

And for many years, we work hard and save our money.

Finally, we all mouse fulfill our dream, American dream.

And then there's another house you can see right across our house, 16492 summer land, a much smaller square footage lot, like 6,500 square foot lots compared to our 7,500.

And the house is big, beautiful, amazing.

It's 6,652 square feet.

And the owner of the house are wonderful people.

I came inside and saw my land, and we really love that house, it's really nice size.

So our proposed projects is not something out of the ordinary.

We comp our project comply with all the rules and regulations.

And um finally, I just wanted to say that thank you so much for the times and uh to all the neighbors that I understand that you have your own opinions.

You may not like it, but the bottom line is we our parts in compliance with the city code.

We're not asking for any variants.

We only ask you and beg you for your blessing, your approval, for us to fulfill our dream to build our beautiful home for our big families, for children, for our grandkids, for parents, for brothers, and all the siblings, and um we're very thankful to all of you, all of your time, to all of the friends, all the neighbors in the neighborhood, communities, as well as all the friends in the neighborhood today and opposing us.

I hope for your understanding, and uh I appreciate you all.

Thank you so much.

Thank you.

Thank you, ma'am.

And uh this one we're gonna need that again.

Uh all right.

If there's no other speakers, I'm gonna close the public hearing, and uh council discussion.

Uh, go ahead, Case.

All right, full fully appreciate, you know, keeping the fabric of HB the way it is that we all love the suburban beach community, but I want to set the baseline.

It's it's critical that we we focus on land use as codified by our adopted general plan.

So, JB.

Per code, which means that it's ministerial by right, so a property owner could bring a project through if it meets code, it's approved administratively, correct?

Yeah, ministerially.

So if something uh is approved by code, you get sort of what's called an over-the-counter permit.

And no one could appeal that, correct?

No, I mean, technically, any decision we make on a daily basis is appealable, but it's not um a discretionary action.

Right, so it's two code.

So two code, how big of a house could they build?

That's that's uncertain.

They have a building envelope, right?

With setbacks, site coverage, which is 50% maximum of the uh, okay, per lot.

Okay, yeah, okay.

I get it.

Okay, so let me ask a different way.

So per code, what is the minimum setback on each side?

So front, back, and on each side.

So the minimums are five feet on the sides, ten feet in the rear, fifteen in the front, twenty foot for a front entry garage, which they're proposing.

But even with those setbacks, if you just complied with those setbacks, you would exceed 50%.

So they would need to shrink it even further than that.

Right.

So they meet all setbacks and coverage per code.

That's correct.

Okay.

What is the tallest building you could build per code?

Uh in the RL district, which is here on the harbor, you can go up to 30 feet by right.

Okay.

Or 35, anything over 30 up to 35 with a CUP.

Okay.

So per code they could build a 30 foot.

How big is their home they're proposing?

They're proposing 30 feet.

Okay.

So then why do they need the conditional use permit?

So they meet code on setbacks, they meet code on building height.

Correct.

Right?

They meet code on uh lot coverage.

That's correct.

Okay.

So what do they need the C UP for?

The C UP is strictly for the request for the third-story floor area.

Okay, so to be clear, it's third story interior, obviously.

It's not exceeding the building night because they meet code on the building night.

Jennifer, so with the CUP, I'd ask you about this.

Can you kind of walk through why the city previous councils adopted this and what that CP with this third story actually does to the to the building to the structure?

So uh the conditional use permit is essentially required so that we can find that they meet the criteria for having a third floor as Wayne kind of walked through the history.

It used to just be allowed, then there was a committee, and they put some parameters on it.

So a couple of those parameters are it has to be within uh largely within the confines of the roof volume.

So essentially the roof volume being from the top of the roof touching the second story top plate.

Okay.

Um so your third floor habitable area needs to be in there.

You also need to have a 512 roof pitch, and then any of your projections have to be either through dormers or you can have um balconies, but they need to be set back five feet.

Okay, so to say it a more simpler way.

So per code, they could build a 30-foot tall building that is essentially for lack of a better term, like a cube, right?

But with the CUP for the third story interior, same height building, they are required to provide architectural elements to make it less of a cube like structure.

Would that be like an accurate statement?

Yes.

Okay, so I just want to set that clear because I understand, like I said, I fully appreciate everyone's concern, but they can build this same size home per code, and I understand I feel terrible for the gentleman with a small two-story home with solar panels.

I get it, but they could go back, redo their plans, not do the interior third story, not add the architectural elements like the balcony and the in the pitch roof, have the same height building, you know all the same setbacks, and build it without even coming in front of us.

I just want to set that that baseline so people really understand the situation that we're dealing with, and then JV, can you walk through then this the coastal development permit?

Because it's actually separate, but like why that's required.

So the city has is anything, any development within the coastal zone requires a coastal development permit.

The city has a certified local coastal program, which means we have authority to issue our own coastal development permits, and the reason why those are cry uh required is to uh make sure that any development in the coastal zone conforms to coastal act policies, which means you're not um impeding coastal access and you're not degrading coastal resources.

Okay, so for the CDP, the coastal development permit, is that also ministerial if their house meets code?

No, all CDPs require um an action by the zoning administrator.

Okay.

Got it.

All right, thank you.

Oh, what sorry?

One last thing.

Can you walk?

Cause I this came up a couple times?

Why is it exempt from CEQA?

Well, single-family homes are specifically exempt from CEQA.

So, the presumability that there would be no significant impacts in an area where it's zoned for single family, there's an existing single family on it, it's being replaced with it with a single family.

Um, I mean, to address the unusual circumstances, an unusual circumstance itself, which you know is arguable whether or not a large home is an unusual circumstance, but presuming uh assuming that it is an unusual circumstance is not itself mean that it's not exempt.

There has to be a significant environmental effect related to that unusual circumstance to not be exempt, and there hasn't been any demonstration that there is or substantial evidence to show that there's a significant environmental effect from the construction or the operation of this home.

Okay, did you guys have I think in your presentation?

Do you guys have like a that I think it was a map of the subject property and then others that have also obtained a CUP for the interior third story?

Do you have do you have that visual?

Yeah, he can bring it up.

Okay, so the stars of existing the subject property, and all those red dots have what they're looking to achieve, right?

Yes, I think uh that I mean this circumstance occurs all over the harbor, so this is I think a limited search of just the surrounding uh island and then I think the street across the channel.

Just to be clear though, so those all have approved CPs for the third story, some may, however, be taller than the by code of 30 feet.

Yes, some of them are up to 35 feet.

Okay, but this one again meets the the code limit of 30 feet.

Yes.

Okay, thank you.

Andrew.

So uh I think that Ms.

Lou, I think was she brought up some, you know, reasonable concerns in regards to the infrastructure report card, any environmental um, you know, damage that could occur, and then looking ahead into the future.

Do you guys have a just a general response to that?

Have you taken that into consideration?

So when we're discussing the, I guess the infrastructure, the the seawall infrastructure in the harbor, the um and the infrastructure report card didn't uh evaluate the private um seawalls in the harbor.

I think it only evaluated city uh owned bulkheads, and which is largely the um parks, and then also some areas on Admiralty Island.

Um, that being said, uh the harbor being that it's aging, there are um deteriorating seawalls that occur, but the deterioration doesn't come from construction of single-family homes, it comes from uh wave action that occurs due to localized tidal currents, periodic maintenance dredging, recreational boat use.

The deterioration comes in two areas usually.

Um it comes from so the bulkhead has a cast-in-place concrete wall, so it comes from the scouring and erosion of that.

The other area that erodes is the timber piles that are untreated that support the foundations under the bulkheads.

So I've worked on, and it's true, many many um Huntington Harbor residents have had to go through bulkhead repair projects.

I've worked on probably a hundred since I've been with the city, and um, and it's net the the cause of the deterioration is generally from the wave action and and the erosion and the voids that it creates uh under the support piles.

So, in fact, um I think there are some examples of uh bulkhead repair projects that I've worked on on this island, and uh periodically people will come in to uh repair their bulkheads.

There is a potential that there could be some sort of uh compromised integrity of a seismic event, which I think is why private property owners are coming in and repairing their bulkheads.

Some need more work than others.

Properties on the main channel experience the most erosion, so a lot of times they're the ones that need the timber piles, but you couldn't know that without an engineering report and a dive inspection.

And just quick question as well on this map.

So the all the other houses that have been approved with a third story.

Uh is there a significant difference between the proposed project and those that have already been approved in regards to that third story?

No, any uh third story or what we call um habitable area above the second story top plate.

It's all either internal floor area, most of it includes internal floor area.

Sometimes it's just a third floor deck, but in most cases it includes actual um interior square footage.

Okay, so so all the dots don't necessarily represent interior third floor um living space interior.

Some of those could also be just merely a deck or like a peak or that's correct.

Okay.

I just uh had a couple observations.

First and foremost, thank you to the resident, seems like a delightful lady.

I take a little bit of umbrage to the architect saying if it doesn't pass, it's could be deemed discriminatory.

I think that's completely out of line in a statement that it was uh not necessary.

So there was a little bit of concern uh I had here.

So uh the term land use, uh, in the definition of land use, does it say anything about consistency and compatibility in the general land use plan?

Those actual words.

Uh probably I don't have it memorized, but yeah, usually um in the land use element it requires that you to be compatible with the land use designation that you're in.

Okay.

So when I look up the word compatible generally means able to exist or work together without conflict, consistent in agreement with something, suitable for use or coexistence together.

So if you wanted to be um like direct to the definition of the word compatible, you would think it would be a fail because there is conflict, it doesn't seem to be uh coexistence.

So that's just something to consider.

Um Chairman Thenis brought up uh the the setback, the deck setback, and he said that that was not to code.

Can somebody refute that or support his statement?

So um I don't have the plans in front of me, but the third floor, the design of the third floor, number one has to be within the confines of the roof volume, but it also needs to be the the decks that face the water or the front, which they're only allowed to face front or back, they need to be set back five feet from the second floor building facade.

So and anything that projects out of the pitched roof, in this case it's a flat roof, but generally if you have the pitch roof, the code allows for dormers to pop out vertically, and that would also need to be set back five feet from the second floor billing face.

So, can we emphatically say that it is in compliance?

Yes, uh the plan check okay.

They are in compliance.

The reason I asked that is because his business, he's an engineer, he's well versed in uh architectural review blueprints, and I would imagine he made that statement based on looking at blueprints.

I don't think he just gleaned it.

So I mean, I you know, I wish he was still here.

Is Mr.

Thenus still here?

Okay, so can you can you step up for a minute, Mr.

Dinus, please?

I'm sorry, we don't want to.

Thank you.

Actually, I'd like to correct that statement.

The the deck is supposed to be set back five feet from the main structure of the building, and on this house, the deck is not set back from the second floor.

The second floor set back, but the the deck it says the main structure, which is the first and second floor, has to be set back five feet.

But in this particular case, actually, both houses tonight have have it says the it that's a deck, right?

But the habitable structure, the habitable structure is not contained within the roof line.

If you look at the if you look at the harbor side elevation, you can see three stories.

It's a three-story house.

It's not neither one of those houses, although the the second one looks a little closer to what what I believe the code's trying to uh achieve because it's all set back and they use the steeper pitch roof, but you're looking at one, two, three stories, and it says the third floor habitable area shall be contained within the roof.

Uh it's it's here.

I can help you look it up, Wayne.

If you go to uh 210 uh.06 M D, habitable area above the second story plate shall be within the confines of the roof volume, and you're looking at one, two, three stories.

They're not contained in the roof.

And the intent, when you look at the pictures and the examples, they're showing here's a third floor roof, and there's the dormer, and and that's where I didn't think it fit code because that's not what it says.

Okay.

It's it's it's a habitable structure, huh?

I'll try to help clarify that.

Okay based on what hopefully we can see here on these exhibits here.

Um here on the bottom right exhibit, that's the elevation, the rear elevation that you'd see from the water.

And if you can see the third floor has a balcony that is designed to face the rear, which is required.

Um the roof elements that are seen to the left and right of that balcony actually project out toward the water, which essentially was designed as a pitched roof or a mansard roof to some extent, and they cut into that mansard roof and set the balcony back five feet to comply with that five foot requirement.

The other the other um set the other item here is on the third story floor plan.

You can see the difference in the second floor um, you know, line as well as the third floor line that's set back five feet.

A little blurry here, I apologize, but that's what we got.

But so I just wanted to kind of clarify that the required five-foot setback on the third level for that deck has been complied with.

So, and that was that was an issue with the applicant at one time.

So, as I mentioned, this project went back and forth um with the architect to determine compliance with with our interpretation of this third story code.

Mr.

Mr.

Thenus, you seem to be in disagreement.

Well, no, if you look at the sections, it's it's the second floor is set back.

It's in the agenda, you click on it, you but the sections are in there, and and when you look at the cross sections, the third floor is not set back, and I don't see the third floor confined in the roof element.

It's it's you're just looking at a the whole habitable third floor.

So here on this side section here, the north elevation on the bottom left, sorry, the bottom left, the the this railing here is somewhere back in here behind this uh this roof that kind of wraps around and hides, kind of provides privacy from for the neighbors.

So you're you're you're directed, you're if you're sitting on that standing on that third floor deck, you're forced to look out, and you got that that roof that wraps around to prevent, you know, to some extent provide some privacy for the neighbors.

I wish we could get it if you know we've got two smart people here.

Just a code interpretation.

Yeah.

Well, I mean, it's it's should I mean it's it it's footage five feet under a certain uh I mean it should be black or white, shouldn't it?

Well yeah, it's not set back five feet.

Can can I just let you know, councilman, that that the way that this it has been plan checked is in accordance with how we plan checked these third floor um uh decks and square footage to make sure that they're compliant with code.

So it's very consistent with the way that um we've implemented this code section.

And I appreciate that, and I know that uh you're very smart lady.

Um, because it's been done that way previously, it you did say by code, so if you would have just said, Well, that's how we've done it previously, uh, I would be a little reticent.

But if you're saying that you've done it previously to meet code is what you're saying on record, right?

To meet the code.

Yes, we have already determined that this house meets the code.

Alright, my my last question is um I would imagine um, so one gentleman brought up, and I know you said uh there's no CEQA necessary, but uh he seemed to think that there potentially was sequence uncertainty, maybe based on the seawall.

But I do know that um the third floor, you know, as Casey said, you know, you could build that house right now, same height, same frontal elevation, everything with two floors by right.

The third floor is the reason that they've asked for CUP.

Now the third floor does also mean there's gonna be additional weight.

And is anybody contemplate that?

And the reason I asked that is there's a real case study right down in Newport Beach on the water where the crab cooker actually sunk because of the development right next door in the weight uh actually sunk to the point where they had to destroy the crab cooker and rebuild it at the cost of the developer because somebody didn't calculate the weight or the settling correct.

It's factual.

Is anybody thought about the weight of the uh of the third floor uh in relationship to an aging seawall?

Yeah, I I actually talked to our staff structural engineer who we're fortunate to have, and um a little bit about this.

For for one, you can't just make a claim that um the weight of a structure will uh deteriorate or compromise a seawall without an engineering report or some sort of um fields field verification that would substantiate that.

So we don't have any reports that that correlate those two things the weight of a structure with the um compromise integrity of the seawall.

So that's that's the first thing.

Then the second thing would be that um when you're having a uh a typical wood frame single family home, even a big one, generally isn't going to have enough of a load to uh create a compromise structural integrity of the seawall, mainly because it's going to be engineered to spread that load across the entire property.

Um, but in any case, you would need to have a geotechnical report and you'd have to have an engineering study to show uh whether or not uh there would be any impact to that.

Generally, it's not gonna just be the weight of the structure, it's going to be how close you are to the seawall.

If you're removing soil, that's going to uh compromise the uh what what it's retaining, right?

And so when this goes to plan check, a engineering report will be required and those things will be addressed.

Yeah, because they would actually geotech, right?

They willch.

Were you gonna say what she just said?

As you know, I was in the geotechnical engineering business, and so before you said it, I and the and uh Councilman Kenny was asking about the loads.

That's all gonna be flushed out in the geotech engineering report, uh, and the foundation and and even the differential loads on the seawalls are gonna be considered.

Um, so you're not gonna really know that until the the geotechnical engineer uh goes out and drills samples tests and then designs the foundations, but he'll they'll typically design the foundations to uh reduce the loads on the seawall.

So fair enough.

So that will be done.

Okay, thank you.

All right, I think they're trying to pull up the uh the site plan too, so we could look and see if that uh set back on that third story is five feet back.

But in the meantime, um I appreciate the architect coming out and bringing up the fact that whenever he looks at a local municipality, he wants to go and make sure that he understands what the code is and that kind of operates as his Bible or playbook.

And it seems like there's two major concerns that were brought up tonight.

Uh one being whether or not the property is compatible with the surrounding neighborhood, and then I've heard some concerns about uh the seawall as well.

And so we'll take those on, but as far as everything being according to the zone, did he follow the playbook?

Did he follow the Bible?

Um, as he put it, you know, it would seem to be the case uh that it complies with local coastal program and general in the general plan.

Uh it meets the coastal zone's requirements and building standards, it's consistent with the coastal act, and uh the project has been deemed compatible with surrounding uses.

We'll take a look at that in just a moment.

Um, and then as Casey had pointed out, by right, they could actually build this property 30 feet high and go just as much, if not greater square footage, if they weren't putting in a third floor.

They just said this is how high we're going to build.

They could go just as big without even meeting a CUP.

So it it's it I don't like the idea of grinding down, you know, a community member when you know you have a rule book.

Here's the rule book right here.

We say that you need to play according to.

They spend their time, they spend their resources, they do everything the way they're supposed to.

Everything's according to zone, everything's according to to code, and then the idea of you know moving the goalposts kind of at the last moment, you know, on them.

Uh as far as the seawall concerns go, if we could, I'm sorry, pull up slide number, I think it was slide number seven, um, from the presentation before where there was uh that's slide eight, I think.

Oh no, yeah, slide seven is where we gotta go.

So go back one slide from those comparables.

Uh I'm looking for, yeah, there you go.

It's uh one, two, three, four bullet points down, geotechnical soil studies required prior to building permit.

So I suppose if there was an issue with the seawall, the structure of it, that would be the time where an engineer would come out and detect that and and raise a red flag.

It would would that be right, Jennifer?

Yeah, well, I guess technically it would be if there were an issue with the design of the house, that's when that issue would occur.

If there's an existing issue with the current seawall, that would be um something that could be addressed now or in the future, as it has been over the years when people have come out and had the dive inspections and the um the uh seawall repair projects.

So yeah, to answer your question, yes, but the technicality is that if it was a problem with the design of the structure on the seawall.

Okay, so it it does have a check that it needs to go through with an engineer.

Yes, okay, all right, good to know.

Um, and then if we could pull, I guess those comparables back up.

Let's do that.

That's slide number slide number eight.

So I counted the red circles there.

So you if you guys can see in the bullet points, those are approved CUP, so similar third story, um, or you know, they have decks.

There's about 20 homes that are comparable that have that third story or the deck in the surrounding area.

So I would understand if this was a unicorn, if this was like a one and only in the neighborhood, or or maybe even one of two, I would say I I don't I don't see how this is comparable to the neighborhood, but when you see so many of those red dots uh that essentially have exactly what this is asking for, uh and then you have the similar size ones in the green.

So you've got about 23 different locations just within you know the adjacent properties that are comparable.

So I think going back to the geotechnical side of things, any concerns about the seawall are going to be covered by that engineer as far as the compatibility with the neighborhood.

I mean, it's hard to argue against the fact that it's it's compatible based off of all those 23 circles that we have that are comparable, and then if we could uh go back to that slide with the site plan, and then maybe we can get Chairman Thenis back up to the microphone, and you can point out perhaps what I might have a hard time seeing.

So I'm I'm looking at L3 balcony, and then I see the yeah, just to the left, the five-o, is that the five-foot setback right there?

So that does satisfy is that so is it according to code or not according to code based off of that?

Yeah, this five foot setback is required, so it complies with code.

Does it does it pass your muster?

Here's the range.

I'm just I'm I'm wondering if I'm missing something.

Well, it's it's set back, yes.

The second and third floor both set back from the first floor, but when it's talking about the main structure, that's the first and second floor because that's the code kind of calls the third floor like uh kind of like an addition.

And so when you look at the sketches, it shows the third floor being set back five feet from the second floor.

So I think they'd have to set it back according to the sketch.

It's right at the bottom of the code that I quoted, that it's five feet back from the second floor.

So it's not, it's the same as the second floor.

So staff would get any response to that.

Sure.

Um, I would point out that the code requirement is five feet from the building exterior.

So that's the wording of the code.

This is where I get a little I'm getting a little hung up.

You know, I'm a little torn.

Sorry.

So right here, if you can see the second, the second floor plan here on the left, has the balcony coming all the way out with these pilasters or design features that come out that essentially bring the building out to this level here, and the five-foot requirement is from this.

So this balcony is granted only three and a half foot deep on the third floor, but it's set back five feet from the second floor exterior.

And you can see the difference here just looking from left to right.

Is that exterior the edge of the balcony?

Second floor balcony, or is it from the uh wall?

Like the outer wall where the windows are.

No, it's the out outside of the balcony.

But looking at the um but not the windows, the structure itself.

Correct.

So Chairman, Chairman Thenis, so what what would you what would you suggest then?

Would you say that it needs to go back another five feet because we're yeah, I I think uh I it's still not contained in the roof line.

There are other examples.

I saw uh Jeff Stahl uh had a had a um building with a third floor, and everything was in the roof line, it was all dormer windows, and when you look at the sketches and you look at the code, that's what it shows.

Those are the examples.

It it shows a a a diagrammatic example of what the intent of the code is because I'm looking at the habitable structure, third floor is not contained in the roof line.

The roof line just stops, and it's a flat top.

It's not in the roof line, it's under the roof line.

The code says contain within the roof line.

It does that's not what it's doing.

So Jennifer, if I could if I could jump in and maybe you could help me out here.

I'm I know the code says that it's ultimately the director's and the and the city staff's interpretation when it's when there's if there's ambiguity in the code.

Yes, I mean we make code interpretations every day.

Butch.

I just want to confirm something.

My glasses on.

You said the structure is 7700 square foot, correct?

And you said the garage is 715 square feet, and that the balconies are 500 square feet, and I add all that up and I come up with 89 and 15 square feet.

Let's going and almost call it 9,000 square feet.

Is this the biggest house in Huntington Harbor?

No.

Probably not.

I don't know.

No, I I did look, I did look up a few there.

Um there are some larger lots on Trinidad, Marina Bay, there's a 10,000 square foot house, and now I can't remember where it's at.

Um but there were there were several houses that ranged in the 8,000 to 10,000.

There was one 10,000, but there were several houses that raged in the 8 to 9,000 square feet.

They're yelling up there that it's on double lots.

Um, so I don't know.

I have no idea.

Um I've gone back and forth in the hour that we've been debating this.

Oh, I like it, I don't like it, I like it, I don't like it.

Um I guess I'm just gonna keep listening because uh it's a beautiful house, but I think it might be a little large.

Thank you.

Mayor.

If I may make one point.

So, you know, our job up here, it's not an easy job, but when there's an appeal filed, whether it be by a council member, a commissioner, or a resident, you know, it's our fiduciary responsibility to ask questions to get answers to clear up uncertainties to allow us to make a vote with clarity.

So it's not about moving the goalposts and and I don't mean the Chads insinuating that uh there's something nefarious, but it is about you know, asking questions, you know, potentially maybe um the interpretation may have been misread.

Uh we would never know unless we ask these questions.

So the questions are done in good faith to provide clarity to everybody in the audience, including those who may oppose this to the point of, you know, maybe there's you know uh unrefutable reason to approve it or deny it, but if since there was an appeal filed, it's not about did they follow the Bible, follow the standards.

Um it's about asking questions and substantiating that they that they did, because we all know that there's been misinterpretations in government, not not saying that that's the case, but if you don't ask questions, you won't get answers.

So that's all we're doing here.

It's nothing personal, and uh, you know, somebody filed an appeal in this case it was the mayor.

It's our job to ask questions.

If we just said file appeal, let's vote yes or no, that would not be uh fulfilling our fiduciary responsibility.

So that's why I'm asking questions.

But it's just on your comment, like the house is a little too big.

I just want to emphasize that it's it's built to code, so it's all dependent on how big the lot size is, right?

I mean it's all about the it's all about the lot size, right?

And then the CP is for that third story, but with allowing that third story on the interior, they also require to add architectural elements to make theoretically the building more aesthetically pleasing than if they did not do the third story and they just built a use a rough analogy of like a cube, right?

So by getting the C UP they also have to add a lot of gingerbread and architectural elements to kind of make it look the decrease the massing are you know aesthetically, so anyway.

I used by the done.

My only real hang up is now that we've heard from Chairman Thinas is is this interpretive or definitive on the code?

Well, I mean, I think that it's it's both, right?

It's our interpretation, but it's it's pretty clear that the property meets or the project meets the definitive definition of being set back five feet from the building exterior, which is what the code requires, and that you have your uh habitable area within the confines of the roof volume.

Of course, you can have dormers and decks that face the channel, and all three of those things meet that code.

The way that we've interpreted it, but we don't really think that there's a lot of differentiation there.

Yeah, if you want and sorry, one final final question here.

Of the 23 comps, I'm back on the red dots of the or the 23 comparable uh homes with a third story.

I know that there was a you said some of them have decks and some of them are under living spaces.

Do you know of the 23, how many of those are decks versus full living spaces?

Uh I'd have to do a count.

I might be able to get it in about five minutes.

But generally speaking, I mean, is it a relatively equal breakdown or is it like one?

No, I think it's equal, or there's more probably more that re are include habitable space up on the third level.

Okay, most of them, most of them include habitable area.

Every once in a while we get the ones that just propose the deck.

Okay, thank you.

That's that answers it.

Thank you.

I think my big hang up is still 7700 square foot or nothing along that channel on that street, those two streets, Malden and Piali, even come close to 7700 feet.

3,000 square feet about bigger.

And I mean, how big?

I mean, when do we stop?

When do we okay?

Boys, since that's compatible, let's put, you know, another 8,000.

Let's keep going down.

And it just using it because it's these other dots are in the area that were approved maybe for different reasons.

And like the one build that's a dot, there is an illegal build, according to what's on the well, it it looks like it by what I see on the lot where there's only two and a half, three feet max on it looks small as hell when I looked at it the other day.

And I mean, the side they're the five foot, and that's one of the dots, but it was approved but through other means, but 7700 square feet along that, and yeah, you can build the same thing, but how big could you guys have any idea how big it could be?

If they I mean, has this maxed out at 7700 square feet, or could they actually go bigger?

Well, it's pretty maxed out.

I mean, I think they're hitting right around 50 49.9% lot coverage.

Um, so even if they had room at the setbacks, which they might, they're gonna be confined by whatever zoning standard they hit first, and it looks like they'll probably hit lock coverage first.

So they're they're basically maxed out.

I mean, mayor, I I look, I totally get it.

I totally get the other neighbors and currently have smaller homes, but they have the same land use rights that this property owner has, like to abide by the general plan.

So they could also build a home to code just like this.

The only difference is this CP that third story, but they all have the same land use rights, like those are private property rights, like they could also build a home this size based on our general plan to code.

That's ministerial that would not require it to come in front of us.

So I I totally get what you're saying, and I and like I that's why I let off of my statement that it I love the fabric of of Huntington Beach and the smaller homes, but we have to always lean on land use and land use they could build the same size home to code.

And so we could so could everybody else, and it's based on their lot size, right?

Like the difference in the size of the of the building is gonna be based on their lot size, so others can max maximize their lot size as well.

They can have their 50% land coverage ratio, they can meet their minimum setbacks, five on each side, 15 in the back and then in the front.

They could also max it out.

I mean, I I have one in my neighborhood behind me.

I I you know walk Brady around there, my neighbor's like, Can you believe that monstrosity?

I'm like, I know it's built to code.

It's 8,900 square feet and it's eight bedroom, nine bath, and it's built to code.

They did not require CP, so I totally get it.

But anyway.

I got I gotta say I kind of I see it the same way Casey does is you know they they followed the rule book and they could go that big by right if it wasn't a third floor.

And I think really what it is is if there is a concern that these are getting too big, then what we should do, probably moving forward is is change the rule book, you know, moving forward, but they played according to the rules, the way that they're laid out right now.

Yeah, that's what I said.

Like if you wanted to change it, you wouldn't you would have to like change the general plan, right?

All right.

Let's call a question.

We beat the hell out of this.

We need a motion.

Motion.

Uh I'm gonna well, let's motion.

There wasn't a motion yet.

Oh, I thought you just said you could.

I'm gonna make a motion to deny both A and B.

What?

Just just to clarify, if you do deny it, this the CDP piece.

Should I I believe should stay, like approve that, right, Jennifer?

Otherwise they have to start all over.

Well, there's a couple of things.

So um it if if the motion deny gets a second, we'll also need findings for denial.

All right.

Is there a second?

Can I make a substitute motion?

Yeah, I'll make a substitute motion to approve a suggested findings and conditions.

All second.

Call.

Call a roll vote.

To be clear.

Is that approved?

As recommended.

Uh approved as recommended by staff, yeah, with the suggested findings and conditions.

All right.

Councilman Twine.

Yes.

Councilman Kennedy.

I just want to preface my vote by saying I'm not here to shatter your dreams or disrespect the um the wishes of the neighbors, but uh it can forms Mr.

Thenis.

I would like to find uh definitive clarity, but at this point, I'm gonna uh you know uh I'm gonna be voting yes.

Yep.

No, I'm having a really really hard time with this.

They meet all the requirements.

I just I looked at this and try to find a reason to say no because I understand what you guys are going through.

I live in the harbor, I went through the exact same thing, and they met all the codes that wasn't really anything.

Maybe we should look into the codes.

I'm gonna vote yes.

Yes, yes.

Motion passes six one.

Okay, move on to number sixteen.

This ought to go a lot quicker then.

I don't I don't think so.

Number sixteen, appeal planning commission's action of conditional use permit number four two four-032 and coastal development permit number two four-three uh zero three-six, the VU residents.

Does anybody have any ex parte communications to uh disclose on item sixteen?

I uh I know I exchanged some uh an email with the owner, Mr.