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

City Clerk.

May I have the roll call, please?

Yes, thank you, Mayor Pro Tem.

Councilmember Gruel?

Here.

Councilman Count Councilman Kennedy?

Here.

Mayor Pro Tem Twine.

Here.

Mayor McKeon.

Councilman Burns?

Present.

Councilwoman Vandermark?

Here.

Councilman Williams?

Here.

Thank you.

You have a quorum.

Thank you.

City Clerk, do we have any supplemental communications?

Yes, Mayor Pro Tem.

For closed session item number seven, we received one email regarding existing case with Alianza Translatin X et al.

V.

City of Huntington Beach.

That is all Mayor.

Mayor Potem.

Thank you.

City Clerk, do we have anyone signed up to speak in close session?

Not for this portion of the meeting, May Mayor Pratem.

Thank you.

Included in closed session today, uh conference with labor negotiators, agency designated representatives, Travis Hopkins, City Manager, also in attendance, Marissa Sir, Assistant City Manager, Mike Vigliota, City Attorney, Zach, Acting Chief Financial Officer, Employee Organization includes uh the Huntington Beach Police Officers Association, the POA, Police Management Association, PMA, and Police Management Association, PMA, excuse me, Huntington Beach Firefighters Association, HBFA, and Fire Management Associate Association, FMA.

Council, do I have a motion and a second to recess close session?

Motion.

Yes, thank you, Mayor.

Councilman Gruhl?

Here.

Councilman Kennedy?

Here.

Mayor Pro Tem Twine.

Here.

Mayor McKeon?

Here.

Councilman Burns?

Councilwoman Vandermark?

Here.

Councilman Williams?

Here.

All members present.

Thank you.

Thank you.

Uh tonight's invocation will be given by Huntington Beach Fire Department, Chaplain Jeff Lopez.

Mayor and Honorable Council members.

My name is Jeff Lopez, and I am pleased to lead us in the invocation.

I'll be praying today according to my Christian faith.

I invite anybody behind me or in front of me to join me according to their own.

Heavenly Father, Lord God, thank you for this government body that is uh standing before me right now.

You tell us, Lord, that you put all authority in place, and I thank you for these folks.

I thank you, Father, for this city.

I pray that you would bless the deliberations that they have in this room, and also that they have had and will have behind closed doors, uh, according to other deliberations that they're having now.

And I pray, Father, that you'd give them wisdom.

I pray that what happens in this room with public comments and discussion of uh council items with public feedback.

I pray, Lord, that you would help it to be fruitful conversation.

I pray that you would um help this whole uh city to run smoothly, Father.

We just look for your blessing.

We thank you so much for your kindness to this city.

We give you praise.

We ask for your help in this meeting, Lord, and it's in Jesus' name I pray.

Amen.

Thank you, Jeff.

Tonight, the Pledge of Allegiance will be led by Robert McClish of American Legion Post 133, a San Diego native.

Robert is a lifelong Californian with deep roots in service and community, a graduate of San Diego State University.

He excelled as a student athlete, lettering lettering in wrestling and football, going undefeated in his division and earning an induction into the Hall of Champions in Balboa Park.

He proudly served 10 years in the United States Marine Corps Reserve, achieving the rank of sergeant and holding multiple leadership roles, including training NCO and civil affairs group sergeant.

Following his military service, he built a 30-year career in the baking industry and has remained deeply committed to veterans through the American Legion, where he served in numerous leadership roles.

He currently supports veterans as District 29th service officer in Orange County for the past six years.

He's a father of two to Nichols and Nathaniel.

And he comes from a large family of 13 siblings and continues to live by a simple belief that anything is possible and that in life there are no accidents.

Thank you for your service, Robert.

Well, if anyone's wearing a cap, can we please uncover and put your hand over your heart and let's salute our wonderful flag?

Uh I pledge allegiance to the flag of the United States of America and to the Republic for which it stands.

One nation under God, indivisible, with liberty and justice for all.

Thank you, Robert.

All right, closed session report by city attorney, city attorney.

Do you have anything to report from closed session?

Thank you, Mayor.

Yes, one item.

Council unanimously authorize the appeal of the attorney fees award in the Alonzi M V City of Huntington Beach.

OCSC case number 30-2025-01462835-CU-WM dash CJC.

Thank you.

Thank you, Mr.

City Attorney.

Uh City Councilmember Commas.

Does anyone would anyone like to make a comment?

Yeah, I got one.

Councilmember Burns.

Yeah, we're approaching election season, and I just uh ask everybody to be informed voters and vote American.

Perfect.

Gracie.

Just want to thank everyone who came out to our pet adoption.

Um it was actually really successful.

24 dogs were adopted.

31 cats, one pet was fostered.

69 received veterinary care.

And there's one dog, Hickey, who had abandoned the shelter for over 370 days was also adopted.

So I want to thank Huntington Beach for coming out and offering these pets a permanent home.

All right, yeah.

Just to touch on that, I was actually so successful that uh they had to make three separate shifts to the shelter to get more animals because that's how many were being adopted.

So it's pretty awesome.

Any other comments?

Mayor, I have one.

Yeah, okay.

Um I'm asking to pull item number 25, which is 26-335.

It's the admin item tonight, and it's the discussion on the supplemental um use of fluoride.

Perfect.

Then my last comment was that uh Mayor Pro Tem Butch Twine and I uh went to the first inaugural battle of the bands for Sowers and Dwyer Middle School on Friday.

Uh great event.

Uh those kids were rocking it, so Butch and I had a fun time and looking forward to um giving them a highlight and then uh having that continue every single year.

The rebels?

Yeah, uh they were uh the rebels, girl singer.

That was great.

All right, any other comments?

All right.

Okay, now to the Mayor's Spotlight.

So last month we hosted the Mayor Spotlight Award.

First, we honored the Huntington Beach Fire Department Management Aide, Beth Davis, who has been a such a valuable employee here at City Hall.

Beth consistently goes above and beyond her job description to support the entire department.

Her commitment was especially evident when she led a massive project to scan 6300 occupancy files, ensuring every file underwent a thorough quality control review.

Uh Beth oversaw the collaborative efforts of the CRR division, firefighters on light duty, and volunteers personally orchestrating the workflow and handling a significant portion of the scanning, quality control, and remediation herself.

So congratulations, Beth.

That was a huge undertaking.

Next, we recognized our public works utilities wastewater section for receiving its third consecutive award from the California Water Environment Association for excellence in wastewater collection system management.

So this continued recognition reflects the team's unwavering commitment to protecting uh public health, safeguarding the environment, and delivering reliable high quality service to the community.

This year the wastewater service section was honored with a silver award for collection system maintenance, recognize outstanding performance and maintaining and operating critical infrastructure.

And this award highlights the dedication and professionalism of the utilities team whose members respond around the clock day and night, including every morning hour, early morning hours to address sewer and storm-related issues and ensure systems operate safely and efficiently.

And yes, that was uh Mayor Pro Tem Butch Twining in that Dave the Wave uh costum right there.

We then highlighted the entire public works team as National Public Works Week is next month.

Uh always fun.

So May 17th to the 23rd.

And since the week falls on a city council week, we will celebrate the week before on Tuesday, May 12th at Serve City Nines in downtown HB.

That's Public Works Night, also known as Touch a Truck.

So please come down.

It starts at 5 p.m.

on Main Street.

And Public Works, as I mentioned before, is one of my favorite departments because of just how much work they do for the city that I think we sometimes take for granted.

So please come out on May 12th, Tuesday downtown Main Street.

Next, we had the Huntington Beach High School student uh Con Arzian here for Turkish Youth and Sports Day, which is celebrated on May 19th.

It's a national holiday in Turkey to honor the start of the Turkish War of Independence in 1919.

And Calm will present the commendation to the Council General of the Republic of Turkey in Los Angeles.

Conn is actively working and involved in planning and running this ceremony as part of the Turkish Youth Group.

Next up, we recognize the music focused club at Huntington Beach High School called Smile Musicians, founded by Kate Lee, who has also established it is an official nonprofit organization.

The club organizes impactful music recitals to raise funds for UCI cancer patients.

And last year they raised $5,410.

This year they raised $8,200 at the 2026 Smile Benefit Recital, bringing their four-year total contribution to over $19,000 for the UCI Cancer Research Institute.

So amazing students.

And so thank you to all the volunteers of Kwanis for always pulling off that great event.

Next up was uh junior lifeguard Cash Hernandez.

Cash was able to take decisive action based on what he has learned in the junior guard program to help his cousin and cousin's daughter in a boating incident and potential drowning situation.

Cash was able to get in the water with confidence in his water skills.

He has learned from being a junior guard.

He made the rescue of the two who are in distress without hesitation, and he brought them safely back to the boat.

He responded at a timely and safe fashion, and then bring his cousin and cousin's daughter back to the boat safely with no major issues.

And Chief McCoy has already identified him as his top recruit.

Lastly, we honored the Marina High School JV cheer team for placing third in the nation at the USA Nationals.

And we're so proud of our athletes and coaches for their dedication and success.

And as always, go Vikings.

All right.

Next on to Business Highlight.

So this month is Small Business Month in Huntington Beach.

May is recognized as National Small Business Month in the United States.

So in recognition of Small Business Month, we want to acknowledge our small businesses that form the foundation of Huntington Beach's economy.

So nearly 72% of businesses, which is approximately 7800 in Huntington Beach, have one to four employees, underscoring the essential role of small, locally owned enterprises.

And together they represent an estimated $3.2 billion in annual revenue.

So small businesses comprise the majority of our businesses, support thousands of local jobs, and are essential to the strength and stability of our local economy.

And they're also integral to the character of Huntington Beach, contributing to the vibrant neighborhoods and a strong sense of community.

So we extend our deep appreciation to the small business owners and employees whose works sustains our local economy every single day.

And we here at the city remain committed to supporting small businesses through programs such as the Surf City Small Business Digital Grant and our streamlined Surf City program, which is designed to reduce barriers, improve visibility, and help businesses remain competitive in a changing economy.

So we thank you all for your hard work and your investment.

Up next is our business spotlight.

So we continue on with Minute with the mayor, and as a part of our week of record recognition of local businesses, we have two episodes that we want to feature of our two small businesses.

First is Playground Mini Golf.

Not post it, but there you go.

So first we're excited to highlight Playground Mini Golf.

If you guys know they're the old black bowl there on a walnut, a dynamic attraction in downtown Huntington Beach.

So this indoor entertainment venue brings together mini golf, arcade games, craft food and drinks, and even a hidden speakeasy, and a fresh creative energy to our downtown experience.

So we really want to thank Stephanie Blood and her team, and let's take a look at this video.

What's up, HB?

This episode of Minute with the Mayor takes us down to Playground at Third and Walnut.

Let's go meet the owner Stephanie.

So Stephanie, tell us about Playground.

It's a magical place.

It's different than any other mini golf place that you've probably ever seen.

It's a very boutique feel.

And then we have a full um arcade restaurant and heavy.

So we have you know food, beverages, and then we even do private events.

So we have a little speakeasy that's in the back.

So if someone came in for the first time, what's one thing they should try in the menu?

Because I know you guys have good food.

Okay, well, I'm all about living every day like it's my birthday.

So I would say get the dessert.

We have the Huntington Beach bonfire skillet.

That is phenomenal.

And then obviously the pinball is like I didn't realize how big HB people are with pinball.

What's the feature you want to highlight here?

So we have Monday through Friday, 2 to 6 p.m.

$5 appetizers, $5 drinks, and $5 mini golf.

Nice.

So it's a vibe.

Like I want everyone to be able to afford it and just have a great time and turn this into their own thing, right?

Everyone loves a good happy hour.

Yes.

That's another local gym right here on Huntington Beach.

Remember to support local and keep Surf City thriving.

Got it on the first shot.

See you at the next stop.

100% got it on the first shot.

Yeah, I can ask Chris Casadova.

Yeah, she was there.

Swear to God.

Alright, up next is uh post of plumbing and drains.

So we recognize Post of uh Plumbing and Drains with Garrett Postiff, the owner.

Great, great team.

These young guys are awesome.

Um they specialize in everything from minor leaks to large-scale installations, handling gas, water, and sewer services with a commitment to quality and peace of mind on every job.

Uh, very trustworthy, very reliable, very fair.

So we want to thank Garrett, Postiff and his team, and here's our video.

What's up, HP?

This episode of Minute with the Mayor takes us down to Post of Plumbing.

Let's go meet the team.

Garrett, tell us about Post of Plumbing.

Post of Plumbing and Drain started out here in Huntington Beach, and it's really started to expand and grow into a full-blown service that people can trust and depend on.

And we want to keep our roots right here and help out the community as a whole.

And what services do you guys provide?

Um, we do a little bit of everything.

So we'll do everything that's residential and commercial.

We'll do anything that has gas, water, and sewer.

Um, anything from brand new ADU builds to the smallest pipe leak, water heaters, drain cleaning services.

We do it all.

That's great.

Then why did you guys choose Huntington Beach to open your business?

Born and raised.

Born and raised here.

We want to stay right here and service the community that cares about us and all the people that we care about as well.

Tell us about these wonderful toys that we're looking at.

So this is pretty much our drain cleaning setup that we have here.

We range everything from hydro jetting services, uh, mainline cabling, smaller kitchens, and also shower drain stuff like that.

This is our camera setup right here in our locator.

So if you ever need anything located or sewer work done, these are the tools to get the job done.

Wes, where do people find you?

If you want to find us, 7114907-3078 is the best way to find us.

Additionally, you can look us up on Google.

Uh we have great reviews.

We're ready to rock and roll when you are.

That's another local gem right here in Huntington Beach.

Remember to support local and keep Surf City thriving.

See you at the next stop.

What's up, HP?

Garrett and the team are great.

All right, thank you, everybody.

Next up is community events announcements.

Mr.

Clerk, do we have anyone signed up to speak for community event announcements?

Uh yes, mayor.

We have three people signed up to speak.

Please come down to the podium and use both microphones.

Uh committee events announced are limited to two minutes.

And Justine Makoff, Paula Jean, and Jason Smith Schmidt.

Good.

Hello.

Hi, good evening, Council members, Mayor, Casey McKeon.

I'm Justine Makoff.

I'm with Free Rain Foundation, located at the Huntington Central Park Equestrian Center.

Free Rain's a sanctuary for abuse and neglected horses where they are rehabilitated and well cared for by over 80 active volunteers.

We use horses' natural ability to mirror human behavior to support growth, learning, and emotional development.

I'd like to share a quick recap of our recent three cake poppy stroll.

Thank you, Pat Burns and Dawn Kennedy, for attending.

Really, when you guys show up to so many of our events, it makes such a difference.

And we really appreciate it.

We welcomed over 500 participants who enjoyed a beautiful stroll through the urban forest and the pastures at Free Rain.

And it was a really special day to bring the community together and share what's special here in Huntington Beach.

On May 23rd, Chris Eptein is going to be speaking about his new book, Theodore Roosevelt in California, The Presidential Adventure That Saved the Wilderness.

It's going to be at the Red Horse Barn and again at the Huntington Central Park Equestrian Center on Saturday, May 23rd, 3 to 5.

And we also have our annual Gala that will be on August 8th.

And I'd love to see as many of you who could would be able to attend.

It's where we raise the majority of our funding at Free Rain Foundation.

And we always love to have you present.

Thank you for your continued support of our programs, and thank you for everything you do for our community.

That poppy walk is so fun, so beautiful.

Wasn't it amazing?

Sherry loves I did too.

And the doll.

You could bring your dogs.

Thank you.

Thank you.

Okay, thank you.

Protect HB would like to invite the citizens of Huntington Beach and the electeds and the city staff here at City Hall to a Protect HB tour of our Orange County Registrar of Voters.

Each election cycle, Protect HB schedules tours of the Registrar of Voters site.

As election ballots are being sorted, counted, and verified to educate and inform our HB voters how very safe and secure Orange County elections are.

They're super secure.

What is unique about our tour is that we have following is a QA session with some of the registrar of voters directors and some staff.

It is an amazing award-winning facility that is often visited by other election officials around the state and around the nation.

We are proud of our Orange County Registrar of Voters.

Last election cycle, we invited all of the electives to our tour after quoting one of our councilmen that we will never get rid of fraud in our elections until we get rid of mail and ballots.

Although that council member, but was invited.

He did not take us up on it, but Andrew Gruell did.

We hope that we uh prove to him the statement above was wrong.

Again, to take the Protect HB tour of the Registrar of Voters and the question and answer session scheduled for May 23rd and May 26th, both at 1015.

Right to one word, HB Citizens for Good Governance at Gmail.com to sign up.

Almost done, sorry.

We would love to show off the facility and knowledge to HB.

Of interest, I asked to have this flyer projected on the TV screen here for citizens to see.

Thank you.

And it was not.

Thanks.

Thank you, Paula.

Was I in the was I in the hospital when that when that invite came out?

Oh, I would have gone with you.

I do have to say that Paula Jane did have the winning hat at the Kentucky Derby uh Rotary Club Suave at uh at uh Central Park or sports complex last Sunday.

Saturday.

Amen to that, and thank you, by the way, Butch and Andrew, for both being at the Surf City Derby as a road as a rotarian.

So good evening, council members, and let me be the first to say happy Cinco de Mayo.

Uh first, I wanted to thank Adolfo and Roset United Way for their tireless work that they've put in to make our five-part financial literacy workshop such a success.

We heard wonderful feedback from participants on how these workshops changed their relationship with their personal finances.

For anyone who wanted to attend but couldn't, all the workshops were recorded and posted on our YouTube channel.

We have more exciting announcements coming on that front this summer, so stay tuned.

On a totally different note, my husband Michael and I were watching a movie last night when there was an unexpected knock at our door.

We opened the door, and there stood in a Southern California Edison uniform, our friend Ricky, who was just stopping by to fix a critical lighting issue in our building.

Luckily, we had just taken Steve Levin's class and quickly realized that Ricky was no ordinary SEC employee.

Instead, the only thing Ricky was there to do, the scam artist, was to lighten our bank accounts by eliminating a few zeros.

Now you too can learn how to spot these door-to-door scams by attending our new investment scams class on Wednesday, May 20th at 6 p.m.

in the Talbert Room at Central Library.

This class will cover a range of door-to-door scams from utilities and contractors to charity asked and lost travelers looking for directions.

And Steve will teach us how to eliminate these risks before they can spell lights out to your bank account.

Thank you.

Thank you.

Up next announcement of supplemental communications.

Mr.

Clerk, do we have any supplemental communications?

Yes, Mayor.

For City Manager's report item number 18 regarding the introduction to the proposed budget in advance of this official study session to be held on on May 19, 2026.

We received a budget memo and attachments.

For consent calendar item number 21 regarding adoption of resolution number 2026-15, declaring May 7, 2026 as Theodore Theodore Roosevelt Day in Huntington Beach.

We received one email for item number 24, updated peer updated peer plazo flag port rededication plaque honoring veterans and America 250.

We received one email.

And then for administrative items, uh the item that was withdrawn, request for city council direction regarding an operating permit amendment from the California State Water Resources Control Board to discontinue supplemental fluoridation of the city's drinking water supply.

We received 25 emails.

And finally, for council member items number 26, a proposal for installation of commemorative plaque at Sunset Beach.

We received one email.

Thank you.

Up next is public comments.

Mr.

Clerk, how many speakers do we have?

We have 35 speakers, Mayor.

Okay, please call them up.

Okay.

The City Council will now receive public comments for any topic, including items on the open session agenda.

When your name is called, please approach, use both podiums, state your name and organization for the record.

Olivia Chang.

Mr.

Amory Hansen, Andrew Einhorn, Tuka Zokai, Bob Hans Halo, Dell Feich, Alice Feich, Ann McCarthy, Linda Diaz, Jessica Gopayo, and Shelby.

Please use both please use both microphones.

Thank you.

Go ahead, please.

Thank you.

My name is Bob Hanlin.

I'm the current president of the California Dental Association, representing 27,000 members statewide and 2500 members here in the local community.

With appreciation and gratitude, I want to thank you, okay, for removing item number 25 from your agenda.

Appreciate it very much.

Hello, I'm Tucas O'Kay from the California Dental Association.

I also want to express my gratitude for listening to your constituents, as was shared.

There were a number of individuals that shared their concerns about the item, and that included over 150 signatures.

That was only collected over a number a few hours, less than five, um, to share that with you.

So thank you for listening to your constituents and the California Dental Association deeply extends their gratitude.

Next speaker, please.

Hi, my name is Ann McCarthy.

I'm here to speak in support of the approval of the Huntington Beach City School District maintenance and operations building on behalf of AYSO Region 56.

I've spoken to this council many times before, advocating for youth sports in general and AYSO soccer specifically.

Unfortunately, nationwide participation in youth sports is decreasing, with many being priced out of club sports and volunteer programs shrinking.

Happily, that is not the case with AYSO Region 56.

AYSO Region 56 is one of several AYSO regions serving Huntington Beach.

We specifically serve Southeast Huntington Beach, essentially the same geographic area as the Huntington Beach City School District.

AYSO at the regional level is an all-volunteer organization, and we serve 14 to 1600 kids annually, including our EPIC program that serves 40 special needs players.

Our players range from the age of three to 16.

AYSO is reasonably priced for all families and has a self-funded scholarship program.

No child is ever turned away based on their skill or level or ability to pay.

AYSO Region 56 has served Huntington Beach since 1975 and has partnered with the school district that entire time.

For our program, having fields at a reasonable cost that are close to our families is extremely important to keeping our families and our kids participating.

This is where the school fields are essential.

Having approximate and functioning maintenance base for the district employees that is not costing the school district significant additional funds is key to the district's ability to care for their fields and provide the best possible playing service for all of our local kids.

A strong school district is important to every community, and a school district that can partner with and support youth sports, a sports, especially when there are very limited other viable field options, helps create a strong cohesive community for our kids.

Thank you.

My name is Alice Fike.

I'm here regarding the Redundal Circa project, replacing the reliable lumber yard.

Our group, Terry Park Community, went to the last planning commission meeting.

They basically told us we're gonna pass it and let City Council deal with it.

Although there were some commissioners that were very concerned on their studies.

The big one, the sound test.

They tested one diesel truck.

No trailer dops, no beepers of the backups for numerous trucks.

The plan is set for two 40 high buildings, one about 85,000 square feet, the other about 97,000 square feet.

Each building will have 11 docking bays for a total of 22.

The plan allows for 95 trucks, 24 hours a day.

The only small concession they give us is well, we'll do six trucks per hour from 10 p.m.

to 7 a.m.

So you can sleep.

I don't know about you guys, but good luck.

I live at 7582 Taylor Drive directly across from this project.

My kitchen window, my bedroom room.

Hello, there it is.

We know we can't stop the project because it is commercial property.

We know that.

And we know City City wants to make income.

That's how things work.

All we're asking for is a taller wall.

We would love 14, if not at least 12, and better landscaping.

The wall across from me is seven feet tall.

Zoning administration said they only have to build a nine-foot wall.

That is two layers of bricks taller than what my wall is now.

That is ridiculous.

Go look at the Walmart wall.

It's on a berm, so it's tall.

Go look at Smart and Final, it's tall.

And neither one of those very busy businesses have deliveries or pickups any time at night, especially sleeping hours.

And when we talk to the representative from the development company, and I'm not going to say his name, he keeps changing his story of what's going on.

And he's trying to sell us and the planning commission the other night.

Go look at the gateway project.

Same-size building, same floor plan, everything the same.

Do you guys know where that's built?

It's built at the Boeing Corporation.

All that land.

It doesn't back up to Attraka homes.

You know, my husband and I voted for a lot of you because of your values and your beliefs.

You came to Terry Park and you had a meeting with us saying this is how we want to run our city.

I'm inviting you, any of you, please meet us at Terry Park again.

Walk with us down Taylor Drive.

Walk with us down Carnaby Street.

We have been there.

We're older.

A lot of us have been there 35, 40 plus years.

We don't want to move Huntington Beach.

I grew up here.

We can't afford to move, so please, please meet with us.

Thank you.

Alice, would you grab a blue card on the way out, and we'll be able to get in touch with you that way.

Just from you.

Good at good evening.

This is uh Dale Feich.

Uh I'm here to talk about the uh Taylor uh Terry Park and the uh lumber yard.

Uh we live directly across from the uh main part of the project from the uh lumber yard.

Uh we've had a few problems now and then, but we get a hold of them and they kind of take care of it.

Uh sometimes they start their buzzsaw too early in the morning.

Talk to them, and it's fine.

Um, they don't work 24 hours a day, but this project uh seems to be uh exempt from that procedure as far as loading trucks and uh delivering stuff uh 24 hours.

Uh some of my main concerns basically is going to be the height of the wall.

I know my wife just talked about that.

Right now, our wall is anywhere between six and a half to seven feet tall, depending on where you measure it from.

Um, it's right in front of our house.

Uh they say that uh we can only build a nine-foot wall, but uh that's what they're gonna offer us, and that's what they said is is the limit.

That's what the Huntington Beach Code calls for.

Um directly next to the senior center, condos is right down uh the uh right by the park.

Uh their wall is 14 feet high.

Uh I don't see any reason why we can't uh put an agenda in our um whatever you call it uh to take and uh exempt us from the nine-foot wall to a uh 14-foot wall.

Like I said, we look right out our kitchen window, right out our bedroom windows, and we're gonna see this giant 40-foot buildings.

Uh, and we're not sure what the setback is on them, how far back they're gonna be.

Um let's see probably 24 hours a day.

Um we want to take and be uh protected as best we can uh from the noise and the uh onset of the trucks moving in and out.

Um don't forget that this is a 24 operation, 24-hour operation.

Uh that could be up to 95 trucks a day of operations.

Uh and don't forget that this is uh 24-hour project.

Landscaping and trees.

Uh last planning system last planning commission that we went to found out that there's supposed to be a sidewalk, curbs, and a four-foot planner placed in front of that uh by where the wall is.

Um I measured it and it's 14 feet from the wall to the curb line.

I don't see how they're gonna take in and uh have enough room for a buffer of noise and uh the uh construction.

Thank you very much for your time.

Thank you, sir.

Good evening, Mayor and Council members.

Thank you for the opportunity to speak today.

My name is Jessica Gopiao, and I'm proud to call Huntington Beach home.

I want to take the moment to share how Orange County United Way is making a difference right here in our community.

The work their work centers on education, financial stability, health, and housing, the building blocks that make families not just get by but really thrive.

Uh one of the most important resources they operate is 211, our county's 24-7 information and referral line.

Last year alone, more than 7,000 Huntington Beach residents reached out for help with basics like housing, food, and utility assistance.

With changes to Medical and CalFresh this year, many families have questions about eligibility or renewals.

211 remains a trusted resource to help navigate those changes.

We have given the city staff two in one resource cards if anyone would like to take one home.

Another program making a real impact is OC free tax prep.

It provides free IRS certified tax services so families can claim the refunds and credits they've earned.

Uh, this is now for next year.

Uh, here in Huntington Beach, that means helping 334 households last year, bringing back over 730,000 into our local community or economy.

Orange County United Way is currently looking for volunteers, and there are a variety of roles available.

No experiences needing and needed and training is provided.

To learn more or get involved, you can visit UnitedWay OC.org.

Thank you very much for your time and for supporting efforts that strengthen our community.

Thank you.

Next speaker, please.

Thank you, Mr.

Mayor.

My name is Mr.

Amory, and I'm speaking tonight in support of item 27, the mayor and councilman twining and candy's item to install commemorative plaque in honor memory of Mr.

Colby Apa.

September 18th, uh this plaque not only honors Mr.

Apa's legacy, but Huntington Beach's legacy is a significant place for a surfing community.

I urge the council to show what it means to be surf city.

Once again, I urge a yes vote on I am 27.

Thank you.

Thank you.

Next speaker, please.

Hi there.

My name's Dr.

Olivia Chang.

I am a citizen of Huntington Harbor, parents of two children who attend Harbor View Elementary School and a practicing physician.

I'm here today to make an official request to improve signage on Saybrook Street and improve the traffic flow for cars exiting Pickwick.

You all have a packet in front of you with pictures if you'd like to follow along.

Currently, the only way to cross the park through Saybrook onto Harbor View is these two stop signs that are half a mile apart.

There is a school crosswalk, but it's only active when there is a crossing guard here, which is only an hour and a half a day during school hours.

This means on weekends there is no school card, and you are at the mercy of these children crossing on their own across the street.

Especially on a foggy day, which is often in the harbor, it's challenging to see the school sign.

If my three-year-old son trips while crossing the street on a weekend, I have zero faith that oncoming traffic will stop in time for an accident to happen.

Multiple people have stated concerns, including the 10 parents who have co-signed this letter with me, the school PTA, and our own school cross guard who stated, in quote, I have concerns.

There should be speed limit adjustments.

Note this is from a professional.

Next page.

We have examples here in HB where we can do it well.

On HIL BYCology, there is a crosswalk with lighted signs.

We need lighted signs for pedestrians because we use this crosswalk at all times.

We use it for AYSO games on weekends.

We use it for birthday weekend parties on weekends.

We use it after school for Girl Scout parties.

People need visual reminders of not speeding or to entirely limit the speed entirely.

And I want to thank Pat uh Mr.

Pat Burns for improving some of the visibility of the signs.

But we need to do more.

But and thank you for that.

But this is not enough.

This is a start.

We need reduction of the speed limit on Saybrook Street.

We need experts to look at the traffic flow to really understand and know where the challenges are, where accidents are prone to happen.

We need to interview the school, the parents, the school cross guard, so we can know where change can make happen.

In conclusion, my first request is to add on the corner of Saybrook and Brantford a pedestrian crossing light with appropriate street markings on both ends to ensure that our kids can cross Saybrook into Harbor View safely at all times.

My second ask is for the city to closely work with the school, the parents, and the professionals to ensure that we optimize the traffic pattern on State Brook to ensure that cars leaving Harbor View School from Pickwick.

As a physician, I know how important it is to address risks and prevent them as soon as it happens.

I am standing in front of you today as a parent and a representative of manning parents listed here that you have the opportunity to prevent a child's injury and death.

Thank you so much, and please be our champion.

Thank you, Dr.

Chang.

Can you uh get a blue card so we can reach out and contact you?

Thank you.

Thank you.

Thank you, next speaker, please.

Hello, my name is Linda Diaz, and thank you, Honorable Mayor McKeon.

I thank you for your loyalty.

I thank you for your ethics, and I thank you for your love for small business.

Um I recently had a business that I want to plug.

It's called Inc.

Interior Doors and Commercial Closet.

Closet doors.

It's they're located on commercial.

The gentleman's name is actually Stephen King, believe it or not.

It was kind of funny.

But I had I have I had new closet doors put in my uh my bedroom after suffering for 20 years.

And I think a lot of us women are probably doing that.

And I'm just very pleased.

So I'd really like you to do a few minutes with the mayor with him.

And I want to congratulate Budge Twining.

You've been a great businessman and a great gentleman.

And you deserve to be the mayor pro tem.

And um I not now for the not so complimentary news.

Oh my gosh, I watched the city council meeting last week.

And my heart breaks for Chad.

What I saw come from you, Chad.

I voted for you, I read your book, I drank the Kool-Aid.

I would vote for you again.

I still believe in your potential.

You've got it going on, but you're not ready right now, young man.

But your future looks bright and great.

When I read your book, and what I saw last week, that you don't have a um business license, and you've had that book for about 15 years.

That means you don't have 15 years of having a business license with the city of uh Puntington Beach or paying sales taxes.

It broke my heart.

I think I lost five pounds in one week over this, but I still have great love for you, and I know things will get better.

And I know you can make it right.

Just pony up and do the right thing.

Um I belong to a church called Beach Cities, and we're learning about the belt of truth over the last few weeks.

And basically, they said if you don't put the belt of truth on first, nothing will hold.

So there is no light to shine if you don't put the belt of truth on first.

So that's for all of us, because the truth always comes out, even in darkness.

Now we all love our city.

We all believe in you, we all believe for positive change, and I believe that you can all work together in love and harmony.

Thank you.

Thank you.

Bye bye.

Next speaker.

When Trump speaks, this council marches in lock step, a group think process that betrays Huntington Beach.

The Save Act and the voter ID have nothing to do with election integrity.

They are disenfranchisement by design.

No passport, no certificate, birth certificate, no vote.

Over 51% of Americans don't have a valid passport.

Twenty-one million citizens lack the requirements.

The elderly, the poor, the young Americans, and 69 million married women whose names do not match their birth certificates, are not disqualified by law, they are pushed out by it.

That is voter suppression, Trump sponsored, council endorsed and deliberate.

Non-citizen voting is a federal crime and statistically non-existent.

Every audit confirms it.

Trump called mail-in voting, quote, cheating, then voted by mail in March, then signed an executive order restricting it for everyone else.

Mail ballot fraud in 2020 was five votes out of 10 million per the Brookings Institute, if you want to look it up.

A president who uses what he bans and lies about fraud to restrict your vote reveals hypocrisy on full display.

Anyone on this council echoing, echoing the that narrative is either delusional or lying and smears the dedicated officials who keep our elections fair and free.

Thank you.

Next speaker, please.

Hello, city council.

My name is Shelby.

I'm a longtime resident of Huntington Beach, who is represented by a seven member part-time city council, which is all of you.

In this city, the council establishes policies and priorities for the provision of effective and if and efficient and municipal services.

The city council is the city's legislative authority, sets policies under which a city operates.

The city council's duties include establishing goals and policies, enacting legislation, adopting the city's operating budget, and appropriating the funds necessary to prove services to the city's residences, businesses, and visitors.

Huntington Beach mayor is selected annually from among the city council members and is charged with running the city council meetings and representing the city throughout the community and region.

Many of you up there have had the privilege and honor to sit in that seat.

Let me respectfully remind all city council members, boards, committees, commissioners, staff of the affirmation, not the oath of office that you took to represent the people, the citizens, the residents, the inhabitants, and the stakeholders of Huntington Beach.

There is also a code of ethics that must be upheld.

Knowing that this is an election year, temptation pressure can be intense.

I hope that all you remember who voted for you and why we want you here to represent us, we the people of Huntington Beach.

Currently, there appears to be intentional disregard for the will of the people in respects to quite a few matters in the city, sadly.

But my priority is the Lumber Guard project located at 7600 Redondo Circle.

That project is encroaching on the health, safety, well-being, and life and liberty of the people that you represent.

This project is surrounded by sensitive receptors, such as a church, a preschool, senior living, assisted living, public parks, low density residential homes.

We are compromised of living beings that are within a stone's throw of the walls that will surround this land redevelopment.

The city clerk has been given a copy of the neighborhood petition and a copy of the planning commissioner's packet for your review.

An appeal was recently made by Pat Burns to the city council, so this is coming to you.

Until recently, there's been no community engagement, and the developer along with the zoning administrator refused to address the multi-zone complex situation surrounding this project.

It has been appealed again, and you will be hearing from us again.

The local community wants a win-win, and we are trying to find ways to come to terms with everybody involved.

The Terry Park community has requested study sessions with all of you, so you can be shown the inconsistencies on all the reporting and all the data from the MND initial study and conditional use permits.

Again, we're not trying to stop development in Huntington Beach.

However, this project as presented is not a good fit for the community as is and needs some adjustments with concessions before moving forward.

They need to go back to the drawing board, literally with their sketches.

Thank you.

Hey Roger, just before you speak, how are you doing?

I just I just want to make a comment uh uh uh and thank you, Linda, for the nice compliment.

Uh, but in defense of my my cohort over here, uh Councilman Williams.

There was a few of us up here that uh beat a path to the treasurer's office the next morning and got our business licenses too.

So it wasn't just it wasn't just councilman Williams.

Uh I I might have didn't know I was supposed to have one.

So anyway, I just want to say that and and thank you.

And thank you, Linda.

Go ahead, Roger.

Thank you.

Good evening, fellow good evening, council members.

Today I want to talk to you guys about the air show.

The air show, seriously, the people that that completely completely agree with the air show.

I mean, the the negotiations that we did that was under that was done completely in the back doors in the back rooms.

That was so unfair.

And anybody that says that hey, we should just pay it and move on.

I mean, the thing that was the biggest insult about it was the $25 for the parking.

It was gonna go all go to the air show.

I mean, to the people that run the air show, and we were gonna have to pay for all the safety services.

I mean, for everybody, we're gonna have to pay for the parking attendance, we have to pay for every and all the money goes for the parking to the air show for the next whatever amount of years.

And but we're gonna get $10 if we're gonna start getting $10 per parking spot after five years.

Now, if it's $25 now, I'm pretty sure it's gonna go up to $35 next in five years.

And that's another legacy that Bill Gate or Michael Gates did.

I mean, with I mean, and he kept it quiet.

This is so unfair.

This is so unfair at least we noticed I mean the the people in the federal uh the the federal government at least noticed who he was and if they fired him pretty quick and then he tries to come back over here but I mean he was being secretive about this and this is it's so wrong and I mean and why are we giving this why are we giving the money out to them is because of an oil what was it like a boat or something that that made a spill or their anchor hit one of the pipelines and it leaked and then we ended up getting 350 thousand dollars from them and then we're losing all this money I mean why don't we charge them for for the air show and they turn off the air show there was only one day for the air show that we closed down and he's getting repercussions I mean he was for the next 10 years this is crazy guys seriously anybody that says that we should just move on instead of having a real real in depth who's making money on this I mean who's making money that's I mean they he they sponsored a bunch of you guys for I mean for the uh for the campaign posters yeah that's right but I mean overall I mean that's nothing compared to how much you guys gave away so please change your stance stay change your stance and do an audit about this and redo this whole thing and who cares I mean seriously if they're not gonna leave us they're not gonna leave we need them way less than they need us but please don't give them for the next 10 years we're gonna give all the I mean we're gonna have to pay for all the city services including the insurance everything and they just re they just take all the profits that's insane thank you Roger just the correction we actually sued the oil company and brought back 5.25 million dollars to the residents of Huntington Beach it wasn't 300 thousand dollars I'm sorry thank you yeah 5.25 million thanks Roger how much is next speaker please okay next speakers Joseph Henry Andrew Levin Marcy Quick Laurie O'Brien David Tellis Chris Cluey Janet Jacobs Michael Shro Taylor Daniel Tassa please use both microphones thank you thank you for your thank you for your time my name is Dave Tullis uh council members and mayor um I'm currently a Huntington Beach resident a business owner I'm an oral surgeon and I just wanted to uh express my gratitude and appreciation of pulling the item uh number 25 uh I've been a Huntington Beach resident since 1987 and uh an Edison high school alumni in 1997 and we grew up very poor when I was young and fluoride in the water is a very essential thing for underserved communities so I want everybody to keep that in mind uh that there were a lot of different communities uh that tried to remove fluoride in the water and it created uh increased incidence of uh uh carries uh meaning cavities and and children especially as well as because I'm an oral surgeon uh we see a lot more hospital admissions so it's actually a lot more expensive of a repercussion if we consider removing that an important supplement thank you again for that consideration and hi Bush thank you next speaker please good evening and thank you for the opportunity to speak my name is Lori I live in the Windward Cove the senior committee just east of the proposed redondo circle project for seven years I I've lived in the area I previously served as president of our HOA board and during my time there I've come to deeply appreciate the quiet stable environment our residents rely on this is why I'm extremely concerned about the proposed nighttime truck activity even from a distance we already hear the noise from the sport complex and that facility is significantly significantly further away the idea of six trucks per hour operating between 10 p.m and 7 a.m would dramatically change the soundscape of our neighborhood many of our seniors already struggle with sleep issues and constant nighttime noise will make that worse I'm also concerned about the impact on property values these home represent years of hard work and are for many of us our forever home a decline in value due to nighttime industrial noise would unfairly punish residents who have invested in the community I want to be clear I am not opposed to progress in fact I welcome the improvement of industrial complex the end I'm sorry the improvement in industrial complex would bring to that area but progress should not come at the cost of the health and well being of people who already live here there are many companies that do not require overnight truck deliveries why not at least the to tenants whose operations align better with the surrounding neighborhood additionally I believe in the principle that good fences make good neighbors a 14 foot wall and landscaping designed to grow tall and dense would go a long way toward reducing noise and preserving the character of our community tonight I'm asking for your support and protecting the quiet nighttime

But progress should not come at the cost of the health and well-being of people who already live here.

There are many companies that do not require overnight truck deliveries.

Why not lease the tenants whose operations align better with the surrounding neighborhood?

Additionally, I believe in the principle that good fences make good neighbors.

A 14-foot wall and landscaping designed to grow tall and dense would go a long way toward reducing noise and preserving the character of our community.

Tonight I'm asking for your support and protecting the quiet nighttime environment environment.

Our seniors, families, children, and children depend on.

Russell's sleep is not a luxury.

It is a basic requirement for health and quality for life.

Thank you for your consideration.

My name is Marcy Quick, and I am speaking in regards to the redondo circle development as well.

And I am located in the Windward Cove community behind Terry Park, east of the fencing of the Lumber Company.

I serve on the HOA board as treasurer and want to represent Windward Cove community.

I have lived at Winward Cove for 13 years.

Currently, I enjoy having my windows open for fresh air and all during the day and at night.

After last week's meeting, I came home and opened my bedroom window and took a piece and took in the peace and of the evening setting setting into its quietness, then thought of how the sound of the trucks, the gears, and the reverse beeping, the forklifts and the hustle and bustle of the company that never sleeps.

It saddened me.

Company moving in all night long.

The fresh air will give way to diesel fuel and exhaust.

Driving home down Taylor Street the other night, I saw something that I've taken advantage of for the last 13 years I've lived here.

The beautiful sunset and a sunset that will be blocked by 40 feet of building.

I thought of all the seniors, the family, and the children who play and walk in the park and enjoy the fresh air and the sunsets that will be blocked by this building.

Our sacrifice to development.

Though I'm saddened by a large building, I do understand the call for progress.

So my sacrifice is that.

Without the business hours compromise, property values of our community will be jeopardized with a 24-7 noisy business right next door and should never be allowed.

That's stealing the equity from the seniors who have worked so hard.

Who want to who would want to buy a noisy home in a noisy 27-44-7 community?

Thank you for your time.

Thank you.

Next speaker, please.

Um that.

My name is Dr.

Joseph Henry.

I've been a practicing dentist for over 43 years, and I'm the immediate past president of the Orange County Dental Society, 2500 members strong.

You're already aware of many of the benefits of community water fluoridation for every dollar invested, it yields more than $30 in reduced dental care costs.

Few public health measures provide that level of return.

Fluoridation is especially important for our youngest and most valuable vulnerable residents here in Huntington Beach.

When fluoride is present in the drinking water, it becomes incorporated into developing teeth, making them stronger even before they erupt.

This provides long-term protection against tooth decay, protection that goes beyond what topical fluoride, like what's in toothpaste can offer on its own.

Communities that have discontinued fluoridation have experienced on average a 25% increase in tooth decay.

The impact is even greater among those who already face barriers to accessing um to assessing accessing regular dental care.

Let me ask you to reflect on your own experiences.

How many of you had a small filling replaced with a larger, larger one over time?

How many have needed crowns or root canals after those feeling fillings failed?

And how many have ultimately faced tooth loss and required implants?

Now imagine that progression happening more often.

25% more for your children, your grandchildren, and for the most vulnerable members of this community.

So once again, I want to thank you again for pulling the item.

And thank you for hearing my concerns.

Thank you.

Next speaker, please.

Hi there.

My name is Andrew Levin.

I'm an orthodontist in Huntington Beach.

I've also been a long-term resident of Huntington Beach since 1990.

Grew up here raising my family here.

Um on behalf of our community.

Thank you very much.

Thank you.

Next speaker, please.

Hi, my name is Janet Jacobs, and I am here on behalf of the Terry Park Redondo Project.

Um I'm extremely upset about this whole project.

I live at the Windward Cove community, um, senior community, and I moved there four 13 years ago, and it's right next to Terry Park, which all of you guys, well, many of you guys remember Terry Park because that's where we had the largest um campaign for you guys of 75 plus people.

Dawn, Butch, Gracie, and Pat.

I think you were there too.

And um we all got together and voted for you because you vowed to fight for us, the people.

Um, I love my community.

I'm on the HOA board.

After um years of saving, we finally finished a huge paint project that enhances our appearance.

And after all that, we're faced with this project that would literally suffocate our little community because we'd must be surrounded by concrete buildings.

Um it would be like we're living in a cave because on one side there's this storage facility that's been there for years, right out my front door, and that's been there.

But now to put another block of 40 feet tall right up against our um property.

We're gonna be living in a cave.

I'm gonna have no sunlight, it's gonna take away any airflow that we get.

Um, the sunsets, the three palm trees that are there.

I mean, it's the only beauty that I have going that direction.

And now I'm gonna be faced with having a 40-foot wall outside of even the noise and everything else.

Um, the fact is the lumber yard is selling.

Yes, it's selling.

We have no control over who he sells to, but there hasn't been any community engagement on this proposed project at all.

So we realize that it's about the tax dollars, it's always about the money, right?

But find other ways.

Start finding people on the um the code, code finds, find a smaller project to put in that area.

We're not opposed to it.

He he sells something has to be built there.

But why so such a grand project?

Um, and I know once the owner gets the deed for the water and the electricity, the entire property will have higher value and more tax dollars.

So I know that's a fact too.

But our Terry Park community is requesting a steady session to clarify a lot of the issues, which are height walls.

I just want the buildings to be lower.

Night traffic is ridiculous.

We're in a residential community.

It's it's everything about this is wrong.

It's environmentally wrong.

Um, the types of the truck traffic, the noise steady with incomplete, decreasing the building heights, as I said.

Please, please decrease that.

And what about the 38 electric vehicle charging stations that they have already cited to this gonna put out so many different toxins?

Is my time up?

Thank you for listening.

Thank you.

Hello, Chris Cluey, Huntington Beach resident, uh candidate for assembly district 72.

You might have seen me on your ballot.

Um, I'm here tonight.

Uh first I want to thank uh Mr.

Burns for encouraging people to vote.

That is our American right and duty, and uh, if it wasn't so important, people wouldn't try so hard to take it away from us.

So, yes, everyone does need to go out and vote.

Um, I showed up tonight to talk about agenda item 25, which I'm very glad to see was pulled from the calendar.

Um, the problem is is that it made it on the calendar in the first place, and that shows a complete lack of leadership from everyone sitting in those chairs right now, because the science is incredibly clear.

Fluoridation in our water keeps kids from getting cavities, it keeps adults from getting cavities.

It saves us as a country six and a half billion dollars a year.

We have the evidence from other communities that have removed fluoridation from their water in Juneau, Alaska, and in Calgary in Canada, that cavity rates went up by 25%, right in line with the numbers that the CDC says fluoridation prevents.

It cost Calgary 28 million dollars to reintroduce fluoridation to their water supply.

When kids get cavities, as you heard from the previous gentleman, it falls more harshly on lower income communities.

It affects those who are more vulnerable because they don't have the income, they don't have the wealth to be able to go see a more pricey doctor to buy expensive topical fluoride treatments.

And so I am asking do we want to be a city that goes after children?

Because I know for a fact I've heard you guys before say we're here to protect the children.

And I don't think giving kids cavities is protecting children.

So I am very hopeful that I will never see this item on our agenda ever again, and that we can keep culture war nonsense off of our city council business, and we can actually work on stuff that helps Huntington Beach.

Thank you.

Next speaker, please.

Yeah, hi.

Uh my name's Daniel Tassa, and I'm here uh uh about the also the uh Redondo uh Circle Terry Park project.

I'm also a resident.

I live about 300 feet from the property line.

I have all the same concerns that you've already heard, so I'm not gonna be redundant, okay.

Um primarily though, uh we did hear from the developers in the park.

They told us that an environmental uh impact report uh was not necessary.

Uh it didn't require uh it.

Um I can't imagine why, because uh a project this scope, this size, this close to houses.

How can it not require uh a full impact report?

The noise, it's uh the emissions, uh it's got to.

So I'm here to request that that it gets done, that the impact report does get done.

I, along with 75 signatures that I got personally in the neighborhood, uh, would freely say uh I'm not against uh the project necessarily.

I mean, I know we're trying to make money here, income jobs, I'm all for it.

But I think compromise, we're gonna have to compromise because even if if if if the codes are met, they kept saying the codes are met, and and the the planning commission, they did say that they they agreed that it was uh insufficient, we need a new report on the sound.

So I just want that to get done, the EIR.

And um, and even if it does pass the codes, maybe maybe people are still gonna stay up at night.

I'm trying to get used to the thought of a backup bell every 10 minutes all night long.

How do you how to you know it just seems like to put to put the project there without making it work for everybody?

I know it's gonna be tough, but it I don't I don't I I just can't imagine building a dysfunctional community.

Uh business is good, I'm for it.

We gotta make it work.

And uh the noise and the scope of the operation and the all-night trucks, it's gonna be tough.

I just hope we can compromise.

Thank you.

Thank you.

Next speaker, please.

Hi, my name is Mike, and I also live in the community uh behind at Brown Terry Park, and I'm here about the lumbary art as well.

I've been in the neighborhood for 29 years.

I raised my children there.

My children own homes in Huntington Beach, and I think the city council has lost their way.

I think you need to protect the citizens, not the property owner.

The property owner's been dumping chemicals in there on their and treating their lumber since 1972, as far back as we can go, when they cut the property apart to make other areas, he went ahead and cut around all the old oil wells.

He's not a stupid guy.

I mean, he knows what he's doing.

He's not community friendly.

The city's been very good to him.

He's made a lot of money here.

I don't know why you guys would support this project.

And be honest with you, I don't think the planning commission is capable of putting together a project like this.

They don't think they've ever built anything this big in the city of Huntington Beach.

And you can stand there and you can ask her a question, any question about the plans, and she doesn't have an answer.

I've looked at the plans for maybe an hour, and I probably know more about it than she does.

Um I would hope you would stand up to the community and not the commercial project.

Thank you.

Thank you, next speaker, please.

Hi everyone, I'm Taylor DeVico.

I'm also a resident of the Terry Park neighborhood.

I live on Taylor Drive, Taylor on Taylor Drive, easy to remember.

Um, and I'm I'm deeply opposed to this project, particularly because there has been no ERI and there should be.

It's highly toxic, it's highly contaminated, and it is so disgusting that and implorable that it would be allowed near the sensitive receptors of children that are in the park of the elderly senior living folks that are within 50 feet of this project.

I'm gonna, you heard from a lot of my wonderful neighbors, okay.

I'm gonna tell you about my not so good neighbors, all right.

And if you don't know what they are and what they do, I'm gonna beg of you to please look into the effects because I want to live to be old, okay?

And I want to live in that neighborhood through that old age, okay?

And I think I deserve that, that level of environmental justice.

I think I deserve that, and I think anybody in this room deserves that.

And if it were you, I would stand up for each and every one of you and anybody in this room to fight for that.

So here are my unsavory neighbors benzene, tulene, tetrachlorethine, PCE, acetone, turbutyl alcohol, bromiform, barium, beryllium, cadmium, chromium, cobalt, copper, lead, mercury, nickel, selenium, thalium, vandium, zinc, zinc.

That's just some.

Do I have enough time?

Let's see.

Arsenic detected in six samples, exceeding commercial and industrial uh levels.

Freon 12 and Freon 113, their friends.

Chloromethane, vinyl chloride, chloroethane, bromomethane.

This one I can't pronounce.

There's a thousand letters in it, but something something methane, acetone, again, carbon diosophage, isopropin, chloroform.

I think that's what serial killers use to put people out before they, you know, drag them away somewhere.

Scary that that could be in our air, in our groundwater.

This is what the samples are showing there.

This is why I'm begging you.

I am begging you for the health of this neighborhood and for the health of you in your neighborhoods, because if it comes to us, it's gonna come to you eventually.

That's what happens.

That's what happens with toxins.

This is not just for us in this exclusive neighborhood.

This not it's not exclusive, but I mean it's not just exclusive to us.

This is for anybody living in this city.

This is for anybody who cares about their neighbor who cares about their longevity, their children, their future.

Like, I'm begging you to help out this neighborhood because I know how sickly this can make us.

And to not have an ERI, uh EIR partner who did all of the sampling and the lab test, they even had said that the extent of the um impacts are unknown.

I'm so sorry, please just let me read this, but it cannot be assumed.

Thank you so much.

Thank you.

Next speaker, please.

Uh good evening.

I'm Dr.

Richard Mungho.

I'm a pediatric dentist, practicing here in Huntington Beach for 43 years.

Uh raised my kids here, and just love the city, I love the people.

But the fluoride issue is very, very important, and we appreciate you taking it off the agenda tonight.

The the thing is that we're about prevention.

If if we can prevent the disease and the and the infections and all that from happening, we don't have to worry about it, and it's a financial gain for the parents.

And when we look at all this, what's happened to this?

My major concern, because our specialty works mainly on children that have medically complicated, uh complicated uh uh health care.

And when you're looking at kids that have handicaps and disabilities, you know, the parents go home and they have to perform oral hygiene.

It's very difficult for them.

And when you can when you put that along with underserved and underprivileged children that don't have any access to care, it really is terrible.

So when we look at the collateral damage from something like this, that's who it's gonna affect.

It's gonna make these kids sicker, and we always have to remember the mouth is part of the body.

What happens here is it affects the heart, affects all the other organs, excuse me, all the other organs.

And the thing is we can prevent all this.

And when you look at 25% more of cavities, so the kids come in.

The two things that fluoride does, one is it prevents a lot of cavities from forming, but it also makes the damage that that causes the cavities lesser.

We would see kids that would we have to take 18-month-old babies into uh into the operating room at Shock Hospital.

And the reason is that they go to bed with the milk model.

Mom doesn't know that she shouldn't be doing that, it should just be water.

But that's an hour and a half in the operating room taking care of that child with maybe 14 or 15 cavities.

So we look at all this, all these things put together.

Fluoride is wonderful.

It's the best investment you can make.

And let's do it for let's keep that fluoride there for all of our patients.

Thank you.

Any more speakers?

Yes, Mayor.

Gerald Chapman, Ra Tellis, Ross Price, Russ Neal, Tim Geddes, Irene Garcia, Robert Maniacchi, Maniasi, Gerard Savzoski, Nora Rhodes, Pat Goodman, William Welsh.

Libby.

Catherine Goddard.

That's it.

Thank you.

Go ahead, sir.

City Council, my name is Gerald Chapman.

I've lived and practiced dentistry in Huntington Beach for almost 50 years.

You received the letter from the dental society.

I won't go over that.

And I'm glad that you have pulled this item.

But it's hard to believe that you would want to do away with one of the most successful public health programs in the history of mankind.

Yesterday, I went to the city water department to ask questions about why this was being recommended.

The answers I received were deafening silence.

Nobody would talk about it.

You were willing to spend over $700,000 to design a patch for the mayor's baseball cap instead of paying spending one dollar per citizen to perfect protect them from the discomfort and cost of preventable dental disease.

You have spent millions of dollars trying to save the morals of young people that use the library, but you don't want to help preserve their dental health.

I'm glad again I'm glad that you have pulled this proposal.

But if you pass this, you will be taking a step towards the dark ages.

You should be ashamed, do the right thing, and reject the proposal.

Thank you.

And just to clarify, council doesn't put things on the agenda item unless it's an H item.

A council member item staff puts items on, and so staff pull this item off.

So just want to clarify that for the record.

Thank you so much.

Good evening, council members and mayor.

Um tonight I'd like to speak in support of item agenda number 23, the member memorandum of understanding between the city of Huntington Beach and Orange Coast Memorial Medical Center.

I appreciate the city continuing to invest meaningful partnerships that strengthen the health and well-being of our community.

Collaboration like this creates opportunity to better serve residents through outreach, wellness initiatives, education, and community support programs that can truly make a difference in people's lives.

I can't wait to see how this donation is put to good use.

As someone deeply involved in nonprofit and community outreach work here in Huntington Beach, I've seen firsthand how partnerships between city healthcare organizations, nonprofits, and multiple impact can create stronger, more supportive systems for families, seniors, veterans, and residents in need with the lower income population.

I also believe it's important to recognize the partnership like these can be mutually beneficial.

In addition to helping our community, they can create positive long-term financial value and advantages for participating in organizations through charitable and community benefit initiatives.

When done responsibly, it's truly a win-win for everybody involved, including our tax saving benefits.

Huntington Beach thrives when we work together with government, health care providers, businesses, and nonprofits alike, all focused on strengthening our community with love and support.

And I appreciate all you guys and all the service you do, and thank you for pulling the agenda minor off for the fluoride in the water.

Thank you.

Next speaker, please.

Uh good evening, uh Mayor McKeon, Council members, uh Brian Thenis, long-term uh Huntington Beach, 38-year Huntington Beach resident, uh, your favorite planning commissioner.

I'd like to thank uh councilmember Burns for uh uh appealing the Redondo Circle uh project, uh the industrial building next to Terry Park.

Uh I was one of the two planning commissioners who uh voted to uh at least continue that project while I am in favor of uh development rights.

That's a you know develop by right project, it's zoned industrial, but according to our uh land use controls, there's a 300 foot buffer.

If you're near three 300 feet from a residential property, then you can uh you need a conditional use permit to study uh the effects of of the of the project on the residents, such as sound and noise, etc.

And I believe that the uh sound study wasn't um as good as it should have been.

I think uh uh there's an easy site plan fixed uh you know close the gap between the two buildings and you know provide a bigger setback and a nice tall wall with a landscape berm, and I and I think they can fix fix the project um and and make it uh more compatible with the neighborhood.

So um, you know, appreciate uh the appeal and and uh you know uh the the citizens are our customers, right?

Of the city hall's customers, and the they're the number one customers and the real estate developers, they're kind of they're important customers too, but those are the new customers, and we got to focus on our our current customers.

And so far, I think this city council has done a great job focusing on the current uh uh customers, our our our citizens, making crime illegal again, crimes down, attacking the homeless problem.

You guys have done a great job, and that's why uh I'm running for uh city council.

I want to help out and be a part of this uh great city council and continue to make this city uh as good as it can possibly be.

Um I I'm not opposed to land development.

Uh I do uh think that we can be more uh responsible about it in some cases, and in this park, this Terry Park uh industrial building.

I think we could just do a little bit better job.

Uh I just realized today that uh the architect was also one of my clients, so I'm not getting a a card from them either.

I voted no on their project, just like uh there was a project outside my neighborhood that got me involved in in being a a part of uh of this you know, city council getting myself on planning commission where I oppose a project outside my neighborhood.

So all you Terry Park uh participants here tonight, I I I feel for you.

I was part of that group, and uh I did have to sue the developer on that project, and uh we did settle, uh, but uh the developer happened to be my own client, and uh, but that's kind of me.

Uh that's how important it is for me to do the right thing for the city.

Thank you.

Next speaker, please.

Good evening, City Council.

My name is Noel Rhodes.

I'm here to request uh and discuss pedestrian improvements in two areas near where I live, and I'm here to ask for a report on the nitrous oxide prohibition that was passed last November.

I would like to know if the nitrous oxide prohibition has been successful in the goals that were stated then at this point.

I would like to know if David has reduced DUIs, and I would like two additional crosswalks outside of Edison High School.

I drive through there frequently, and there is many students there that just cross across the road and you don't know when they're coming, and it's other chaos, and it's hard to drive through.

And I would like um two handicap ramps at the intersection of Brashard and Banning, hopefully, to allow more access to wheelchairs and cyclists.

There are many kids who go there and I'm hoping that it could be more wheelchair accessible when they cross.

And I have should have given you a pamphlet like this.

I have emailed it as well, so you have a digital call.

Thank you very much for your time.

Have a good day.

Thank you so much.

Next speaker, please.

Hi, members of the council and mayor, and thank you for having me.

My name is Irene Contreras Garcia.

I'm a fourth generation local Huntington Beach.

I grew up in the corner of Garville and Delaware.

My family owned half of the block there.

Uh the city took it by intimate domain, took my our family home and part of my grandmother's.

I live in Ontario, so I'm behind Mr.

and Mrs.

Feich's house.

And you know, I concur with everyone from the Terry Park community that spoke and ask for the things that we're asking for, and I don't think that's a lot to ask for.

You know, I've lived there almost 60 years, and I raised my children there, and there's there's nowhere I'm gonna move to.

So if it were in your backyard, I don't think you would appreciate this project.

This project includes two 40-foot buildings that don't even coincide with the rest of the landscape.

It doesn't need to be 40-foot buildings, they don't need to be trucks coming in and out for us not to be able to sleep at night 24-7, not even after six o'clock.

Just think of yourselves if you wanted to be in that situation.

I don't think you would be comfortable with that situation, and we're asking to please reconsider the project.

Have a good adequate noise control, one that's done with as many trucks as it there's going to be, etc.

That the toxins, we have to live with that.

So we're asking you, please to ask the developer to redesign or put the buildings 20 feet, just like the other buildings in the area, so we can see the sunset, so we can see the sky.

So we're asking, and thank you, um, council member Burns, thank you for the appeal.

We appreciate it so much.

Thank you for meeting with us.

Thank you for representing the community, and thank you for your consideration.

Thank you.

Next speaker, please.

Um, good evening, Mayor and City Council, Tim Gedis in the House, or should I say Cantina because uh we're celebrating Cinco de Mayo?

Once again, no report from the city attorney on our litigation with the state, leaving us to with speculation only, which isn't exactly music to our ears.

Or maybe we should come up with our own song by a group uh by a group called Huntington Beach Boys called Help Me Bonta.

You know, help me Banta, help help me Bonta, help me Banta, yeah, get us out of our audit.

But there are other fish to fry, so to speak, with the independent campaign signs of council member gruel.

It's like America's chef claiming, hey, I didn't cook the books, it was those other mega me uh balls.

Sorry, Andy.

It's guilty gulash for by association.

You're all on the menu, I'm afraid.

The flaws of the incumbents are just too numerous.

This council has done nothing in terms of solving our most pressing pro issues with the county and the state.

Where is our housing element?

Are you exhibiting high density by not producing one?

What about voter ID?

Don't think uh uh don't think that uh any state initiative will come close to passing, or that the council will let you off uh the county will let you off the hook.

ID or not ID, that is the question.

Don't expect a different answer on an issue you haven't begun to think through.

What about uh our our PR branding effort?

RFP or not RFP?

That is another question.

And what about the library system?

You doggedly you dogged your dogged determination to punish the community.

What about the library system?

Uh it I mean it's it is you who are gonna get punished in November.

I can't wait for the Surf City 4 bonfire and barbecue, where the weenie is being roasted will be you.

You don't need to read between the lines on that one.

You uh you have less strategy for getting us out of our dilemmas here than Commodore Trump has for opening up the streets of Hermuz and getting us out of the Iran war.

Like his, these have been wars of choice on your part with ideological idiocy substituting for practical policies and civic common sense.

Go ahead and celebrate Cinco de Mayo now, but be prepared for a long hangover.

Thank you.

Next speaker, please.

Thank you.

Good evening, uh, council members.

My name is Russell Neal, and I live in Huntington Beach.

The American system of government, the 250th anniversary of which we are celebrating this year, introduced a system of government strong enough to be a servant to the people, and yet constrained enough to prevent it from becoming a fearful master.

This design has been copied by nations around the world to their benefit.

The key elements of this design are the separation of powers and local control of local matters with only the most necessary functions being delegated upwards to centralized government.

This is clearly seen in the federal system of our constitution and is embodied in the California Constitution's provision for charter cities and counties, which California courts studiously ignore.

On the fearful master side, we see one party states like California constantly violating this principle and striving to consolidate all power in Sacramento.

Some may like this when Sacramento aligns with their policy preferences, uh, but they will hate it when the situation changes, as it always does.

For this reason, I salute this council for opposing Sacramento's attempts to consolidate power in the matters of housing policy, our library, parents' rights, election integrity, and many other matters.

This is the single most important thing you are doing.

Freedom isn't free, and preserving our freedom requires sacrifice.

The cost this city incurs fighting the state in court is the best money we could ever spend.

And I salute you for it, in spite of the ill of ill-informed criticism you receive from community members who prefer slavery over freedom.

Thank you and good evening.

Next speaker, please.

Huntington Beach Mayor, City Council, Citizens, City Manager Travis, City Attorney Mike, I am Brother Stephen Gerard Sidlevski before you once again appealing to you to move in the new direction of what I call the USA pre-born personhood two step.

And I have uh in the past delivered, beloved mayor and council, the uh resolution and support of a Huntington Beach, California declaration of a safe pre-born personhood city, and of course, Mother's Day is coming upon us right now, and we're in that timeline of Mother's Day to Father's Day, and this step one approach is the crucial initial leadership step for new USA pre-born personhood cities.

On this particular resolution, which probably many of the citizens have not reviewed yet, and I hope all of you have at least reviewed it several times.

There are 10 whereas statements, and there are four, be it further resolved statements, and of course I cannot read them all in the time that I have, but I just want to look at whereas statement number five.

Whereas California's motto is Jureka and is known as the Golden State, and citizens prefer to honor the golden rule.

Now, the golden rule is holy Bible, right?

The golden rule, which states that one should treat each other's as they would like to be treated, is primarily located in the Holy Bible in Matthew 7, 12 and Luke 631.

And Jesus, our Lord and Savior, shared this principle during his Sermon on the Mount, describing it as a summary of the law and the prophets.

So I'd like to just continue to amplify that, of course, equality begins in the womb.

Fatherhood, motherhood, childhood, and pre-born personhood also begin in the womb.

So let's remember that our country, before 1973, when I was born in 1961, I was considered a person in my mother's womb.

Then 1973 came along with the Roe decision.

And the first Supreme Court justice to mention the word personhood was Supreme Court Justice Rankist.

Okay, so that you know that from a legal standpoint.

But after 1973, we were no longer considered persons in our mother's womb.

We can restore this personhood, pre-born personhood, because of the U.S.

Supreme Court Dobbs decision.

You now have the ability to become champions in this new direction.

Thank you.

God give you loving wisdom and understanding, and I hope and pray that you put this on the agenda between Mother's Day and Father's Day.

It's a great time to do so.

God bless you all.

Thank you.

Next speaker, please.

Good evening.

Hello, Catherine Goddard here.

And I've been thinking about I came to uh became aware that the city of Long Beach has been denied the permission to have a uh fireworks show in the Fourth of July by the Coastal Commission.

And I'm thinking that that may have an impact on this city.

And I'm thinking if you all are looking for a way to change the image of Huntington Beach, why not take a look at a celebration like the Fourth of July and the fact that we're all sharing this little spaceship Earth and the air, land, and water are belong to all of us, and do something uh different in the Fourth of July rather than fireworks, which we'll have an abundance of, by the way, since we now have people selling them for backyards and houses, you know, there's always a lot of fireworks in Huntington Beach because of this.

But if we were to do something different and put some of the money that you have found that we were going to put into this idea of creating a new image for Huntington Beach and start with this idea, do an environmentally more friendly spectacular drone show instead of fireworks, instead of blowing up a lot of chemicals, try using the drones and doing something special with them for the Fourth of July celebration.

It's a new era.

You could make a big mark by doing something like that and claim the high road with protecting the environment while celebrating our 250 years.

Thank you.

Next speaker, please.

Good evening.

I'm glad you pulled item 25.

And Mayor McKeon, you talked about all the adopted pets that we just had here in Huntington Beach and how much we love our pets here.

And I just want to point out our pets drink our fluoridated water, and they have teeth too.

And we want to make sure our pets long live long lives with their full mouth of teeth.

So another reason to maintain the fluoride.

But what concerns me even more is the blatant disregard for the will of the voters about the fluoride.

On June 6, 1972, the voters of Huntington Beach voted on a proposition that asked, shall fluoride in an amount not to exceed one part fluoride per million parts of water be added to the water system of the city of Huntington Beach.

The yes votes were 23,161 and the no votes were 15,194, making the yes votes 60%.

Claiming that vote was simply advisory is rewriting history.

The question wasn't should fluoride be added, but rather shall fluoride be added.

Until yesterday, the city's own website acknowledged that there was a community mandate by majority vote in the early 1970s.

Good thing I took a screenshot.

What is with the microphone?

It keeps cutting in and out.

Okay.

You should be prepared for more citizen lawsuits.

Now to rehash the history that I could find.

After proper notice in the local newspaper, there was a public hearing on July 20th, 1970.

And at the conclusion of that hearing, the council voted unanimously to direct the city attorney to prepare an ordinance to provide for the fluoridation of the municipal water supply.

The second reading of ordinance 1594 was passed on August 17th, 1970, authorizing and directing the superintendent of the water department of Huntington Beach to add fluid to the water.

Residents that had concerns about fluoridation published notice in the local newspaper on March 25th, 1971, that they were going to circulate a petition for a ballot measure to prevent the fluoridation of local drinking water.

In a memo from the city attorney dated June 23rd, 1971.

It was noted that the circulators of the petition had indicated that they would discontinue those efforts if the city council set a special election for a yes-no vote on fluoridation.

As already stated, that proposition received a 60% vote affirming that the residents wanted fluoride in their water and directed the government that it shall add fluoride, which affirmed ordinance 1594.

Fluoridated water began to flow in July 1973 in accordance with that city law.

If the city council moves forward with the claim that that vote was only advisory, how can your citizens trust that you or future council won't undermine any other vote?

Why spend the money on elections at all if the council can just overturn those decisions on a whim?

Thank you.

Thank you.

Oopsie, I failed.

Honorable Bear and wonderful city council members.

Hold on, sir.

I didn't, I didn't do it.

Thank you.

Try again.

Honorable Mayor and wonderful city council members.

It's my pleasure to address you.

It's a first occasion for me, and I'm quite excited about it.

About eight years ago, I had an accident that rendered me paralyzed from the waist down.

Four and a half months in Hogue Hospital, one more month at uh UCI, and I was told I'll never walk again.

I've got an attitude of gratitude because I'm blessed with partial walking capabilities.

I was laying in bed alone in my home, being paralyzed from that waist down with the inability to even get out of bed.

And suddenly my home started shaking.

I was alone at that moment.

I didn't know what was happening.

I first I thought it may be an earthquake.

It continued.

It continued more.

The home really started trimbling.

It started actually twisting, twisting.

This went on for 45 minutes.

There was a home two doors over that was being torn down, and the slab was being removed by a large caterpillar D9 tractor.

I could not do anything.

I called for help.

I called the city, I called the fire department, I called the police department.

I could not get out of bed.

I couldn't do a thing about it.

The house was being torn down.

So the demolition crew was using equipment that was far beyond what was needed for the job.

And consequently, my house suffered over 180,000 worth of damage that day.

With very little personal legal recourse available to me because inability to prove the proof that the uh the damage happened at that time.

I've lived with this for the last few years.

I've been doing as much as I can to get all these problems corrected.

Some of them are very, very difficult, that cannot even be find a contractor that's interested in taking on the job.

The problem that I'm faced with right now, and I'm seeking guidance.

I'm here tonight seeking guidance.

I don't know what to do.

The property next door to me has been sold, and demolition will occur any day now.

I've met with the new buyer, an Asian fellow, extremely arrogant.

I have a current problem.

The house has been vacant for a while, and the lady was bedridden before she passed.

The watering system for the yard was not used at all.

These huge trees, Ficus trees in the front front yard have grown under the wall and have have invaded my property for the for the uh ability to uh obtain water.

My front driveway has erupted.

You cannot walk on it.

You you will fall down.

Sure.

Bob.

Go ahead.

I'll give you a call tomorrow.

See what we can do for you.

Thank you.

Thank you very much.

I enjoyed listening to you folks this evening.

You're doing a great job.

Thank you so much.

Next speaker, please.

Uh Mayor McCann and City Council.

Pat Goodman.

Uh I want to uh extend appreciation for the rollout plan for the 2026-27 budget, including the May 13th Finance Commission meeting and the May 19th City Council study session with adoption anticipated in early June.

We're hearing a lot about generating revenue, and I'd like to offer two suggestions as resources or sources of revenue.

First, strategically address housing needs while fostering a business climate that attracts responsible developers, especially in areas are already zoned for housing.

Second, prioritize obtaining a certified housing element as required under court order.

And part it's the law.

This would allow the city to access multiple years of backlogged permanent local housing allocation funds, providing meaningful support for the navigation center, homeless prevention, and other housing programs.

It also preserves local control over zoning and design.

Regarding tonight's presentation on the budget, I'd appreciate clarification on the 15.6 million dollar budget deficit.

Is this figure after all the adjustments that's shown on that slide?

Staffing operations transfers and infrastructure.

In the presentation, net of this deficit if there is a true deficit or estimated and whether the city will maintain its two-month reserve policy.

Last year finally, please let the public know how to submit questions in advance of the May 19th study session.

Probably in advance of the May 13th Finance Commission meeting.

Thank you.

Thank you.

All right.

Now moving on to council committee appointment announcements.

Council members, do you have any council committee appointment announcements?

All right.

AB 123 reporting.

Does anyone have anything to report?

Openness and negotiation disclosures.

Does anyone have anything to disclose?

Yeah, I do.

Last week I talked to two POA members, uh actually board members, and today uh the POA president called me.

Okay.

Quick chat.

All right, thank you.

Anyone else?

I spoke with uh POA members as well.

Okay.

Anyone else?

I spoke with POA.

All right.

Same here.

With POA members.

All right.

Now we're moving on to uh four public hearings.

So the first one is the appeal of the planning commission's action on conditional use permit number 23-014 HBCSD maintenance and operation building.

Does anyone have any ex parte communications to disclose on this item?

I met with residents within the community as well as the um maintenance and operations manager.

Okay.

Anybody else?

I also uh met with the maintenance and operation manager and the assistant superintendent.

Okay.

So met with the maintenance and operations manager and members of the community.

Okay.

I met with one of the maintenance operation managers as well today at the at the facility.

All right.

I met with the maintenance and operations manager as well.

But no.

All right.

Uh Mr.

Clerk, do we have any supplemental communications on this item?

Uh yes, Mayor, for item number 14 pertaining to appeal of planning commission action, planning commission's action on condition conditional use permit number 23014 HBCSD maintenance and operations building.

We we received 16 emails, a document relating to Ask On Landfill site, and a document titled Expert Environmental Opinion and Analysis Regarding the Validity of the CEQA notice of exemption for the HBCSD maintenance and operations building project with appendices A through D.

That is all Mayor.

Thank you.

Staff, please introduce the report.

Thank you, Mayor.

Jason Kelly, senior planner, we'll give the staff report.

Thank you.

Thank you, Mayor.

Members of the City Council.

The item before you tonight is an appeal of conditional use permit 23-014 for the proposed Huntington Beach City School District maintenance and operation building.

The project before you is a request to construct a 7500 square foot maintenance building at an at an overall height of 17 and a half feet at an existing school district office.

The project is located at 8750 Dorset Drive.

The project site is 4.8 acres and consists of a 34,000 square foot building at an overall height of 21 feet.

The existing building was formally operated at as Kettler Elementary School, which was closed in 2005.

In 2018, the city the school site was repurposed into the current Kettler Education Center.

Along with the property to the south is currently zoned, PS, which is public public semi-public, and the properties to the north, east, and west are all zoned for single family residential.

Project was first approved by the zoning administrator on June on June 19th, 2024.

It was then appealed and heard by the planning commission on July 23rd, 2024.

At that meeting, the item was continued.

The project was then presented back to the planning commission on March 10th, 2026.

At that meeting, the planning commission discussed noise, building heights, setbacks, along with CEQA.

And after discussion, the commission approved the project.

On March 18th, 2026, Councilman Gruel appealed the project to the city council.

The next slide here is the proposed site plan.

Building is located along the westerly side of the property.

Per zoning regulations, the minimum side yard setback is 10 feet.

However, building this building is being proposed at a setback of 22 and a half feet.

Maximum allowable building height is 18 feet, whereas this building is being proposed at a 17 and a half feet.

The dimensions on this site plan represent the distance to the nearest structures to the east and west of the property.

Is the proposed floor plan?

The entrance points and the roll-up doors to access the building are located along the eastern side of the building, which faces the current parking lot.

The use of the building will consist primarily of storage, a workshop and maintenance area, and as well as an office area for their staff.

Here we have the front and side elevations.

These elevations incorporate some metal siding along with some wall panels with the roll-up doors.

Even though the building has a greater setback than what code is required, staff has worked with the applicant to incorporate design elements such as faux windows, wall panels, along with some landscape trellises.

The inconsistent with the general plan and the zoning, light pollution along with the increase in noise.

With regards to the incompatibility with the surrounding uses and the inconsistent with the general plan and zoning, this proposed maintenance and operations facility is a permitted use within the PS zoning district as long as it is approved with a conditional use permit.

The proposed building also incorporates design elements that support the architectural mix within the neighborhood, and it also is exceeding the minimum setback and height requirements allowed.

With regards to uh light pollution, there is a condition of approval.

Staff is proposing that requires the applicant to submit a photometric plan to ensure that there is no light spillage onto adjacent properties.

Also with the greater building setback, the new block wall, the building orientation, the additional landscaping, it all helps to mitigate the noise levels.

And then on top of that, they must comply with the municipal code as far as the noise ordinance goes.

In summary, the city council may approve conditional use permit 23 014 based on the following that it is consistent with the general plan goals and policies.

It is consistent with the uh requirements of the base zoning district as well as the other applicable provisions of the municipal code, and it is compatible with the surrounding land uses and consistent with the conditions imposed for the development and its operation.

With that, um staff concludes the presentation.

We're here for any questions.

Thank you so much, Council members.

Does anyone have any questions on the report itself?

Yes, I do.

On the Yeah, this second last slide, I believe it is.

It just second next, yeah, that one.

It says based on the following or take an alternative action.

Is there just one alternative action or can there be several?

And can you please state what that uh alternative action could be?

Councilmember Burns, the alternative actions would either be to not approve the conditional use permit or continue it and direct staff.

Does it have to be based on something to deny the uh conditional use permit?

Uh a denial of the conditional use permit would be the city council unable to make the findings for approval that automatically results in denial.

Okay, and there's one part where it said that it would be to city code if the CUP was granted.

But that would be if we didn't grant the CUP, it wouldn't be the code.

If you didn't grant the C UP, then the project could not move forward.

That's what's being requested by the council tonight.

Yeah, I just want that cleared.

The alternative action I'd just like to see alternative actions if you're gonna place uh reasons to approve, that's all.

Okay.

Uh I've got a question if that's right.

Yeah, go ahead.

Yeah.

So uh when it comes to the the CQ analysis, could you maybe just for the benefit of us and the public uh describe the difference between uh the responsibilities of the lead agency and the responsible agency, which would be used sure.

So a responsible agency is uh essentially an agency that has discretionary approval over project because we have discretionary approval over the land use entitlement, the city's required to uh exercise its um is required to perform a CEQA analysis as part of that.

We are able to uh review the sequel analysis that was done by the lead agency and make a conclusion on whether or not we agree we can choose to adopt the lead uh the lead agency's CEQA analysis or supplement it with our own or do another one.

So just from my understanding, the governing body, which should be us, is discretionary up to us whether or not we want to accept the sequel analysis that was provided by them, the lead agency, or as you said, uh you know, pursue an alternative that's correct.

So uh as part of this action, the city council is requested to do two things.

One, make a CEQA finding and two act on the conditional use permit.

And then what is the current use of that site as we speak right now, or maybe if we could just step back in in history, we we all know that it was an elementary school, Kettler Elementary School.

It's currently not an elementary school.

What is the use of that facility as we speak right now?

The school district uses it for their administrative offices.

And I believe some other uses like their central kitchen, they currently have their maintenance operation there now as well.

And so regarding that maintenance operation, my understanding is is that a CUP would be required to make that change from being a school that houses children over to a maintenance operation.

Is that correct?

Yes, that's the subject of the requested action tonight.

But they already are functioning as a maintenance operation as we speak.

I believe that shift happened around 2018 or 2019.

Is that correct?

Yeah, during that time, they have the school district has indicated they sought authorization from the DSA, which is the Department of State Architect.

My understanding is that the DSA doesn't have any authority over land use or any type of use, all they can really have authority over is just uh architectural structure, whether or not a facility is safe for children based off of earthquakes or fires.

Did they have authority in Huntington Beach over land use, or is that us the governing body?

It depends on what the use is.

So the DSA does have authorization over schools and classroom facilities.

Um it's been the I guess the position of the school district that their current administrative office is subject to the authorization of the DSA.

Uh when they came to the city or when they proposed the uh the proposed maintenance and operations building, the city believes that it needs to comply with the zoning code and would be subject to a conditional use permit, which is why the request is before you tonight.

And so just so that I'm I'm clear, they did require conditional use permit to make that change over to a maintenance and operations, and they've been operating that way since about 2018 or 19 unpermitted.

Well, they have indicated that they received permission from the DSA.

And that's been their position.

When they propose the new building for a maintenance and operation facility, is when they came to the city, and that's when we said that according to our zoning code, you're required to do a conditional use permit, which is what they applied for.

So does the DSA provide conditional use permits?

They they grant authority to facilities that don't house children.

I'm I'm not aware of that they authorize or grant conditional use permits, but I think um that might be a good question for the school district.

Okay, so if the DSA does not actually have the authority to grant them the ability to operate as a maintenance and operations facility as they are today, if they did not have that authority, then and the authority really rests in in this governing body, and there is no COP that's been granted from the city yet, correct?

Correct.

That's the subject of this action tonight.

And so if that is the case, then since about 2018 or 19, they have been operating as a maintenance and operations without uh a permit.

Without uh city approvals.

Okay, can I just throw in here?

I've I've been over over to Kettler before, and they aren't really doing maintenance and operations that I see at the school.

Uh what I've seen over there when I've been there, and I could be wrong.

Uh I've been wrong before.

Uh they're they're using basically, I believe, three or four containers to store stuff in, which I believe, and they're they're pre-fabed buildings.

Basically, everybody knows what an ocean going container looks like.

Um basically the workers, the the people that go out in the field and actually fix stuff, they come there in the morning, they pick up their equipment, load it in the back of their pickup trucks, and then they go out to the schools to repair chairs, desks, tricycles, you know, whatever whatever's required on the on the, you know, to be repaired at the schools.

They're not actually doing any uh maintenance at the the facility themselves.

Now I and I've that I've observed that.

Um they've been those those containers have been subject of break-ins, uh thefts, all that type of stuff.

Uh, but really you don't see much.

I I've never seen maintenance and operations going on at the at these ocean going containers.

Obviously, this structure will uh you know change what they do.

At least that's you know what I've observed.

So uh yeah, if we if you don't mind, let me open the public hearing.

Take public comments, close the public hearing, then we can ask questions and deliberate.

You guys okay with that?

Can I can I I have more questions if that's all right.

Oh, the report.

Uh yeah, I'd like to defer to the city attorney, uh, city attorney Vigliada, since you're a land use expert, uh, would it be required for a CUP to shift over from school that houses children, us as the local governing body to be the ones to actually say yay or nay to a C UP on that facility?

I think Ms.

Via Sonore just yeah, answered that question for sure.

This that's why the project before you tonight.

You're saying for sure they need a C UP?

That's why they're here, yeah.

Okay.

So just to be clear, all of this time they've been performing those functions without a CUP the all these years.

As and I guess I'll defer to what council member Twining was saying.

Uh we don't have evidence of exactly what they were doing out there.

If it was maintenance, if it was just minor um, okay.

So if it was maintenance that they were doing, they've been functioning all this time without the correct permit.

If they were operating as a maintenance yard, then yeah, they would need to get a CUP.

And I think that's all over their website that they're in already existing maintenance operations facility.

All right.

Real quick, Jennifer, didn't you say that your thought to Councilman Williams question about the CUP was that the DSA you thought you were under the impression they did have the right to whether the right to say they could do that?

I thought I heard you say that.

Did I not hear that?

According to the school district, they received authorization from the DSA to operate their administrative offices, which included their maintenance function, which currently deploys as council member or Mayor Pro Tem Twining suggested, which includes you know the maintenance workers showing up to the site, uh collecting their whatever they need to deploy to the various schools.

It included that as well as a central kitchen, um, and there may be some other parts of the administration function that they were granted approval from the DSA for uh Mayor Pro Tem and myself are on the planning commission, and we were really the the driving force to send it back for the sound study and the soil samples.

But at that time, the attorney or someone from the DSA stood there and basically said we can do this with without any approval.

Did they have that kind of hierarchy?

I mean, you said you heard from the schools, but has anybody checked with the DSA?

Uh no, we did.

I mean, not did you say that do you have that autonomy to do we even say that?

We only received confirmation from the school district that they received authorization from the DSA.

Okay, so let's say you did hear that from the school.

In I think uh city attorney waiting a little bit, but did anybody vet that do they have that autonomy?

Do they have that judicial right to say go ahead?

Well, we believe for this request it's subject to local zoning, which would be a conditional use permit.

Um and so we're we're glad that they applied for the conditional use permit, and it's the subject of the reason why we're here right now.

That's understood.

Not to split hairs, but it is important.

Um I'd like to, you know, I spent some time today at the maintenance yard.

I want to commend um the the group for doing the things we asked a couple of years ago.

It's been a long time since they were here and now they're back.

But um this part is important to me, whether I I want to vote for it or against it, you know, as a city, I I believe we need to check these things out.

I mean, does does an entity have the right to say something?

Um not to point fingers, but if somebody was in business and and he said, hey Johnny said I could do it, I mean we're gonna look into it.

You know, we uh don't we check that kind of stuff?

This is a this is kind of a a major step in you know uh proof of you know proving out what somebody may say an entity, it's a big big, you know, hey, the school said the DSA said we can do it.

I mean, I don't know about that one.

To councilman Kennedy, yes, good point.

Guys, if you councilman Kennedy's point, I would just like to ask the city attorney does the DSA have the authority to do an end run around our city and approve this without us?

Generally they do not there's certain operations and school functions that they do have authority if they take a certain vote and they can override the local zoning on a on a on a project.

For a building housing children, correct?

Generally that's the that's the standard, but there are exceptions or court cases that say like fields and things like that are also considered within their purview.

Uh it's all up in the public hearing.

Okay.

On the report?

Yeah.

Okay.

Yeah, just moving away from that really quickly.

In regards to the um the actual CEQA, does the city did the city do any study of the land there, or would that just be completely on the applicant?

Well, we do review as part of the CEQA process, um, what we review is the environmental setting and the regulatory framework when we're evaluating if a project is eligible for an exemption.

So in this case, we would have looked at um like I said, the uh uh the environmental setting, which is what are the environmental conditions that currently exist on the site?

Are there um because we have to make certain um findings when we do an exemption, we have to examine um for instance whether or not there's any uh sensitive biological habitat, if there's any existing um other like uh if it's on a list of a hazardous waste site, something like that.

We evaluate all those as part of our uh analysis for the exemption process.

And then did for this site, did we do that?

Did we undergo that process?

And was it?

Yes, we have to do it for every exemption.

Okay, and then just based on the history of this site itself, did anything pop up or wasn't covered in the no so one I guess part of this is that the site is currently um fully disturbed, right?

It's it's an existing graded site, there's an existing development on it.

Um there aren't any environmental conditions that would have raised to the level that would uh precluded the city from utilizing the categorical exemption, and there are six different exceptions that would apply, and we did a a check for all six of those.

I don't know the exemptions off the top of my head, but just given the proximity to ASCON and that being a previous landfill, was that considered taken into consideration on any of those exemptions?

Sure, yes.

So one of the things that we have to look at is whether or not the site itself is a hazardous, uh, is on a it's a specific list under the government code.

And the proximity to the landfill doesn't necessarily preclude us from using an exemption if it's not covered on that list.

Okay.

Can we take a look at the PowerPoint presentation?

I'm gonna open the public hearing.

Yep.

I I still have questions for staff.

Just on the presentation?

There'll be plenty of opportunities after we open the public hearing.

Take you know uh public comments, we'll close the public hearing, ask any questions and deliberate.

That's just like the proper protocol.

Can you wait until we open it?

I still have questions for staff.

Got it okay.

Okay.

All right.

So can we go to the presentation?

I believe it's slide number three.

It shows uh the vicinity map.

Um slide number three, it should be there.

We go.

Okay, so just from my understanding, kind of get my bearings straight, and maybe the staff's understanding of where that uh the cannery waste landfill would be in proximity to the school that we see boxed in red.

Um maybe we can get uh like a a mouse or a scroller over the top.

And and Jennifer, perhaps you can kind of guide and explain maybe it's on the map or off the map, your understanding of where that cannery waste landfill is.

Sure.

The landfill would be just south of the red uh the red project site, uh, and then on where it says Edison Park.

That's our understanding of where the landfill was.

Basically, just south of the project site.

How how south?

And I'm I'm just curious.

It's kind of important.

Is it like kissing it?

Is it right on it, or is it nearly a quarter of a mile away?

I don't know the exact delineation, but I would say probably the entire parcel.

I mean, if you want it to be conservative.

That entire parcel below the red was cannery if we want to be conservative.

Canery waste landfill.

Okay, thank you.

Okay, Mayor, thank you.

All right, we're gonna open the public hearing.

Uh Mr.

Clerk, do we have anyone signed up to speak?

Uh yes, Mayor.

We have 15 speakers.

Please call them up.

Yes.

The city council will now receive public comments for the public hearing item only.

Each speaker is allotted three minutes when your name is called.

Please approach and use both microphones.

Say state your name and organization for the record.

Eric Ovega, Daniel Bar Barbara, Heather Sorensen, Lucy Granger, Becky Granger, Robert Granger, Evan Sorensen, Mark Monstoff, James Torres, Brian Thenis, Pete Minko, Linda Minko, Peter McLaughlin, Dana DeVore, and Brian Broerman.

First speaker, please.

Thank you.

Good evening, honorable mayor and members of the city council.

My name is Dr.

Daniel Barbera.

I'm a registered environmental professional, hold a doctorate in health science and in board certified in public health.

I represent uh Robert Granger and the residents of Bretton Lane.

Uh, we are not here to stop the school maintenance facility project.

We are here because this project, an industrial scale maintenance yard placed 22.5 feet from single family homes, has bypassed the most fundamental safeguards, the California Voltable Vital Quality Act CEQA.

Our expert opinion concludes that the district's notice of exemption is both factually and procedurally invalid.

First, this project relies on an unlawful baseline.

The district relocated its operations of the site years ago without a required conditional use permit.

And the state architect, the Department of State Architect did disclaim in writing its ability to prove this project in the past.

Under CEQA, you cannot use a de facto unpermitted industrial use to justify a quote, unquote, negligible expansion today.

Furthermore, the district filed this notice of exemption on November 1st, 2023, before a project decision was reached and before permit requests were submitted.

This is a direct violation of SQL Guidelines Section 15062A.

You cannot record an exemption for a project that has not yet been legally defined or decided upon.

Second, the district claims a class three exemption for quote unquote small structures like offices or stores.

Not a store.

It's an industrial facility, housing servicing diesel-powered vehicles, heavy machinery, storing under utilizing industrial solvents, pesticides, and other controlled industrial chemicals, an extraordinarily environmentally sensitive environment.

The Kettler site sits in a cluster of in high historic environmental hazards which already affect the health and quality of life of surrounding residences, including the Ascon Superfund site, the Canary Street Landsfall, as you mentioned, which does in fact kiss the site.

In fact, it's arguable that it includes the site because that land was previously uh uh sold to or previously given to the city by the county as a part of the entire site, the entire uh Canary Street Landfill site.

Our physical setting report shows the soil here is poorly drained, with a seasonal water table just 4.5 feet below the surface.

The shallow water table serves as a direct conduit for toxic vapors to migrate laterally into residential foundations.

This is further complicated by the known condition of large quantities of methane gas pockets immediately below the soil surface, conditions which cause the classroom operation of this site to cease.

CEQA's unusual circumstances exception was written for this exact scenario.

When a project combines extreme residential proximity with active hazardous waste remediation and sensitive hydrology, the law requires a full environmental review.

Finally, as a public health professional, I must emphasize the chronic environmental stress and physical health risks posed to this fence-line residents.

The district has all already demonstrated a lack of transparency by recently denying us simple access to conduct an independent visual review of the yard.

City Council approving this project tonight based on a flawed exemption would be an application of leadership in the area of environmental stewardship and protection of resident health and safety.

You may consider this project to be limited in scope and therefore not a significant environmental hazard.

In other locations, that may well be the case.

But just as your physical health is the product of so many small decisions you make, the cumulative effects of permitting a large or small environmentally significant action, an action that places small generators of air-sized or soluble, volatile organic compounds in close proximity to homes, a shallow water table and a vulnerable ecosystem and already the environmentally sensitive area can result in substantial damage.

We respectfully urge you to overturn the planning commission's approval and declare this NAVE invalid.

Can I since he's credentialed can I ask him one question?

Can you just repeat your like first couple of sentences or sentences where you said the DSA disclaimed or what can you slow down and say that one more time?

You were speaking quickly.

Yes, I understand.

The the DSA actually and uh our the our patron here, uh Mr.

Granger actually had provided this to you in writing.

The DSA actually disclaimed the authority to make any decision with regard to this project in writing as a result of the fact that it is the facility does not house children.

Uh point of order, Mayor.

Uh, would it be okay during the applicant's time that they have to present later on if we have this gentleman just present a little bit slower so that we can hear a little bit clearer.

So we'll provide you more time.

Definitely.

Thank you.

Next next speaker, please.

Honorable Mayor and members of the city council, my name is Erica Vega.

I'm a senior consultant with Pacific Remico.

While Dr.

Barbara's detailed the procedural failures of the project, I'm here to address the hidden technical and health risks the district has overlooked.

The district's environmental claim rests on the idea that this is a small structure with negligible impact.

However, our analysis reveals a high sensitivity environment.

We're standing on a 4.5-foot seasonal water table at the site.

An environmental science, a water table this shallow acts as a high-speed conveyor belt for contaminants.

By placing a maintenance yard here with associated fuels and solvents, you are placing the source of pollution directly in to a hydrologic system that connects to residential foundations and eventually to the Huntington Beach wetlands.

Let's be clear about what fence line property means for human health.

We're talking about families living just 22.5 feet from industrial activity.

Maintens are hubs for diesel particulate matter and aerosolized VOCs, volatile organic compounds.

In neighborhood with a shallow water table, those toxins don't just stay in the soil.

They can undergo vapor intrusion into nearby homes, posing long-term respiratory risk to children, the elderly, and the immunocompromised.

The district has not conducted a noise study.

Chronic exposure to early morning industrial noise, trucks idling, power tools, and heavy equipment is a documented trigger for hypertension and sleep deprivation related health issues.

Industrials like traffic beginning early mornings, coupled with unmitigated bright lights, results in a cumulative effect on residential physical and mental health, including stressors that are likely to increase the likelihood of cardiovascular disease, anxiety, and the health burdens of sleep debt, such as immunosuppression.

When we requested a simple visual site inspection to verify the district's claim about their hazard material storage, we were denied access.

We could see through the fence line, though, that they did have some things like pesticides and had put up a sign warning the neighbors of the same.

Transparency is a currency of the CEQA process.

If there's truly nothing to hide, then the district should welcome an initial study.

Initial study is not a stop button, it's a safety button.

It ensures that mitigation measures like vapor barriers, sound walls, and runoff filtration are legally mandated rather than just promised.

Without the study, the residents have zero protection against the industrial creep of this facility and no guarantee of the proper handling and disposal of any hazardous waste generated or stored there.

A site that is literally on top of an already contaminated historical industrial disposal site, such as the Canary Street Landfill.

In closing, Pacific Armico's finding is that the unusual circumstances at this site, the shallow water table, proximity to the Ascon Superfund site, the Canary Landfill site, and the extreme residential proximity legally disqualify this project from a categorical exemption.

The residents of Huntington Beach deserve an environment that is safe by design, not just safe by a notice of exemption.

We ask you to follow the science of the law, overturn this exemption, and require a full, transparent environmental review.

Thank you.

Thank you, next speaker, please.

Good evening, Mayor and Council members.

Uh, my name is Heather Sorensen, and I've lived with um the former Kettler Elementary site right behind my house for over 20 years.

Um, I want you to understand something very clearly.

To those of us who live here, this project is not an abstract policy debate.

It's about whether our neighborhood remains a safe place to live.

We bought our homes next to an elementary school site, a quiet campus that shut down at predictable hours.

The transition to the district's office did not change that use.

What is being proposed now is something entirely different.

A permanent maintenance and operations facility with trucks, equipment, early morning activity, mechanical noise, and ongoing industrial type use right behind our family backyards.

This site shouldn't be 22 feet away from anyone's backyard.

It should be in an industrial area.

The site will change the character of our neighborhood forever.

This isn't just about noise, it's about safety.

It's about more vehicles moving through residential streets.

This project disturbs soil and materials adjacent to a landfill.

And this building would sit on a major thoroughfare from the neighborhood into Edison Park for people walking dogs, exercising, and kids going to Edison High School.

For me, this is about backyards that were once peaceful, now backing up to a workyard with industrial fumes and waste, and that's unacceptable.

Once a permanent operations building is constructed, there's no going back.

The activity becomes locked in.

The intensity of the new use becomes the status quo, and the neighbors bear the health, safety, and overall livability consequences, not the district.

What is most troubling is that it's being pushed through under the claim that nothing's really changing.

We've had we've had our maintenance there already.

But we all know that at best that's a gross misrepresentation, and at worst, a blatant lie.

Everything is changing.

If nothing were changing, there would be no need for a new building, new studies, new approval approvals, or a conditional use permit.

We're not asking you to vote against education.

We're not asking, we're asking you to protect the people who already live here.

We're asking you not to sacrifice a residential neighborhood for operational convenience.

Please do not let our community become the place where the city decided residential safety and quality of life are acceptable collateral damage.

Once this building goes up, the neighborhood loses permanently.

Tonight, you still have the power to prevent that.

I respectfully ask you to grant the appeal and to stop this project.

Next speaker, please.

Good evening, City Council members.

My name is Lucy Granger, and I'm here to oppose the maintenance and operations building from being put in.

I live right behind where the school district plans to put this new maintenance and operations building.

This is my childhood home.

I've lived here my whole life.

I grew up playing softball at the Edison Community Park, and I still go there almost every day to walk my dog, go on runs, and it has always been a safe haven for me.

But I am here tonight to stand up for a fundamental principle.

The rules the rules exist for a reason, and no one should be allowed to simply ignore them.

We refuse to let the school district control what happens happens in our neighborhood and ignore our safety.

The district is attempting to force this industrial facility upon us by deliberately evading proper permitting process.

They are trying to establish an illegal baseline based on unpermitted industrial use that began in 2018, completely lacking the city conditional use permit.

They are also falsely claiming a small structures exemption to avoid a full environmental review.

Let's be perfectly clear.

An industrial yard bringing in heavy machinery and hazardous material is not a small structure.

By exploiting these loopholes and claiming exemptions from local zoning, they're intentionally leaving this facility in a regulatory gap with zero oversight.

The core issue here is principle.

Nobody is above the law.

Just because the district wants to bypass environmental and city oversight to save money doesn't mean my family and my neighbors should be there collateral damage.

This proposed building will be just 22 and a half feet from prop from our property line.

It interferes with the Edison Park walkway and create and will create a huge dangerous dark corridor right behind my house.

As a young woman who walks there almost every day, this directly threatens my safety and peace of mind.

We aren't here to simply stop a building.

We are here to demand accountability.

Put yourselves in our shoes.

Would you want an industrial building forced 22 feet behind your house by an entity that flat out refused to follow proper environmental reviews?

We are standing up for what is right and safe for our community.

We urge you to reject the district notice of exemption and legally demand the formal initial study they should have done years ago.

Do not let them bypass the rules at our ex at the expense of our neighborhood.

Thank you.

Thank you.

Next speaker, please.

Good evening, City Council members.

My name is Becky Granger.

I have lived in Huntington Beach for the past 33 years.

My home will sit 22.5 feet from the district's proposed 7500 square foot MO building.

I'm speaking tonight to stop the city from giving approval to the Huntington Beach City School District for a conditional use permit.

I'm asking the council to stop this project until a proper and thorough environmental review is done.

The district has made many claims that are not backed by facts.

They have cheated the permitting process unpermitted since 2018.

They have cheated the CEQA process, misapplied exemptions.

Well, what about the kids in our neighborhood?

What about the kids and adults in our community that have been exposed to hazardous materials, diesel fuel solvent noise, and industrial equipment that will now be housed in a building?

Each morning, as the district opens the doors to this facility, all these concentrated environmental exposures will be drifting into our bedrooms and living rooms.

What about the potential fire hazard of all chemicals, all the chemicals so close to our homes and the park?

What about the air conditioning noise?

What about the methane gate gas, which is prevalent on the Kettler site?

What about the dark corridor that will be created by a building that's 17.5 feet high and a 7500 square foot building 10 feet from the walkway?

This is the entrance to the park, so now this dark corridor will create an illegal activity for which is steps from my back fence.

Kids ride their bikes to Edison High School every day.

On a personal level, this project has taken a toll on me, my family and neighbors.

The misinformation the district has posted on their website, along with them cheating the environmental process, has caused a lot of stress and worry for us all.

We are trying to protect our home safety, health, and well-being.

By having an independent independent environmental consultant like Dr.

Daniel Barbara review this part project, it has opened my eyes to even more potential exposures we will face.

Now I understand all the potential further health wrecks risks I can face having an industrial building so close to my home.

I have leukaemia.

It's crossed my mind.

The district CEQA consultant has not considered any of the environmental issues surrounding this their the district in her report.

How about the Cantery Street landfill currently adjacent to my home?

We are in a hotbed of environmental exposures, and are we going to add and we are going to add one more without an environmental review?

How will all this further affect my health and the health of my family and neighbors?

Why is the city continuing to allow this to go through?

We as a community require a full environmental report to be done.

This will set further precedents for the district to do whatever they want.

Thank you.

Thank you.

Next speaker, please.

Oops.

My turn.

Yes, sir.

Okay, thank you.

So my name is Pete Minko, and um I'm a resident of Huntington Beach for many years now.

And I have to say, when I moved here, um, I knew about the power plant.

I knew about the poop plant back.

But and it, but they were in different locations.

I knew about Ascon, and it was over here.

And I knew about Kettler Elementary School, and I thought to myself, what a great place to raise kids.

All three of my children went to Kettler Elementary School.

And I and I'm blessed here today to know that after my youngest daughter graduated, they you know, for some when I say blessed, I'm I'm pleased that they were allowed to do that.

But I knew the environment, that's where I'm going with this.

Now, I I want to share this about our school board.

Because it's not all bad and it's not all good.

But some of the things that were have not been very good, and I want to share with you the overflow of some of the outfall of their bad decisions and selling off school sites, have been the light pollution that's now at Edison Park to accommodate the youth sports that take place there.

And it isn't just the the light pollution.

I want to share this.

It's it's the noise.

And and that I don't mind the the it's just want you to know that there is noise associated with sports.

The traffic issue is another concern, and that's because they don't have the school sites to use for the they don't have all of them anymore.

The other thing is trash.

It seems like some of these games, when these guys get out, they clean out their cars right on the street.

And you know, that's pretty messy.

I don't really care for that.

That's a type of pollution.

Now, let's move to this.

That building, it's it was never anticipated that they would put a building there.

And I and I've learned from experience that once you let a little bit in, then another bit, a little bit.

And they kind of snuck this in here.

I don't know how they raised the elevation without a permit, but somehow they did.

That said, I'm a little concerned, I'm more than a little concerned that this would be all that there is, and that they would only do forgive me, I don't have the dexterity I used to have when I was younger.

But in addition to now even more noise pollution from this site, I'll have to be concerned with.

A big steel shed.

I don't care if they have a sir.

You're welcome.

Next speaker, please.

Good evening, Mayor and Councilman.

My name is Evan Sorensen.

I'm an attorney with significant land use experience, and Kettler is in my backyard.

Um, I want to respond directly to the city's conclusions that this will not be detrimental to nearby residents, and that is merely a small low impact facility.

This building is a new purpose-built maintenance and operations facility, permanent storage, repair functions, fleet activity, and mechanical systems located directly next to family homes.

That represents a change in the intensity, permanence, and character of use at the entire site.

The district's CEQA exceptions based on the belief now that it's a small building.

The city describes this one-story 7,500 square foot building as being small.

The houses are all in all this neighborhood are less than 2,000 square feet.

Primarily used for storage and maintenance work.

But when you build a permanent maintenance and operations facility, it does not feel small to the families whose backyards now face it.

It feels permanent, it feels industrial, and it fundamentally changes the character of our neighborhood.

Once build activity becomes fixed and intensified and ongoing.

This is not a negligible expansion, it's a permanent land loose land use change.

Even where a categorical exemption is claimed, CECRA removes that exemption when unusual circumstances create an unreal reasonable possibility of environmental impacts.

A maintenance operation facility abutting a single family backyard fences is unusual by any common sense definition.

And the fact that noise and soil studies were required confirms that there's a reasonable possibility of impacts.

Proximity intensity, noise, and permanence all matter.

Tonight's decision is not about whether the district needs maintenance of facilities.

It's about whether the city is comfortable standing behind a legally vulnerable CEQA exemption.

When the approval is challenged in court, it is the city, not the district that bears that risk.

If this were built in next year, backyard, it would not feel minor, it would feel life-changing.

For these reasons, I respectfully request that the city council deny this project or at least require proper environmental review before any further approval.

The reality is there's something wrong in the state of Denmark.

Thank you.

Next speaker, please.

Yes.

Yes, I'm Robert Granger, and uh my home backs up to the school district property.

Uh the building will be 22 and a half feet from my uh back fence.

Um, and I just want to commend Pat Burns for standing up with this uh uh overuse of authority with the um zoning administrator.

I completely agree uh that one person should not have that much authority to um listen to an applicant and approve a project.

Um and I'd also like to thank Butch Twining and Don Kennedy and Andrew Gruel for appealing this a couple times now.

This is let's just make it clear.

This is a non-classroom facility.

Um specifically categorized by the state code 53094, the same code that allows them to build as many classrooms as they want, and the city can't tell them what they want, but it limits it to classroom facilities.

And don't let others fool you and pull on your heart strings and tell them that the delays are costing thousands.

It's costing them thousands because they moved out of their industrial MO facility at Dwyer.

Don't make our neighborhood pay for their mismanagement.

On what planet would this MO building be considered a classroom?

Maybe a new class taught by the MO technicians for middle school kids, kind of like a quasi-detention for bad middle school kids that they have to go to M and O school.

And as far as Sequel, they'll tell you that this is just a little shed.

My home is 1500 square feet.

Their shed is 7500 square feet.

It's quite a lot larger than the homes around there.

There's no disputing this one, too, that uh it does not fit with the the goal, the the youth schools, goal use L U2 that a new development preserves and enhances a distinct surf city identity, culture, and character in neighborhoods.

And Don Kennedy, you're my favorite quote from last meeting.

Nothing says surf city, like a pre-manufactured metal building in a residential community.

I love that one.

That's a classic.

Uh police department.

Where's the police department?

There's a dark alley in my neighborhood already.

We already have one, and now you're gonna make it a hundred percent hidden corridor with 60 foot melaleuca trees and a 20 or 17 and a half foot building to darken that whole corridor that we have to walk along.

And then my fence and all the neighbors' fences are right there, easily for the criminals to hide and jump over our fence.

I have to protect my family.

Um, I don't know what I'm gonna do.

And the fire department, where's the fire department?

They're building all this brush and structure so close to my home as an insurance agent.

I recently wrote an article about the sky is watching, and it talks about AI, satellites, data sources used back in the day.

I had a clipboard.

I went out there and I underwrote things and took notes.

Now I sit behind my computer and I let the AI and the satellites do all the work.

I will be pinpointed and I will lose my insurance because of this.

Thank you.

Thank you.

Next speaker, please.

Good evening, council, staff, and community.

Um, my name is Mark Mansoff.

I'm a resident of Huntington Beach, and I'm also an HBCST employee, like 509 of our employees and families who live in this community and call it home.

I want to thank council for the questions, discussion, and everything leading up to this, including site walks, um, to get a complete picture of what MO operations are for a school district and how they are managed.

I am available to answer questions and clear up any misinformation as we progress through the night.

Thank you.

Thank you.

Next speaker, please.

My name is Linda Minko, and I lived in the Kettler track for 35 years, and I oppose the proposed maintenance yard at the Kettler site.

This is a neighborhood, not an industrial site.

We worked hard and bought our home in a neighborhood, and it should remain a neighborhood.

This will affect our home values.

You know, when you all were up for election, you were saying that you will represent us.

Now is the time to do that.

Already we've had to deal with ASGON, the power plant that now box our view from the end of the street.

We're waiting for the old ones to come down, the DSAL plant.

We don't need a maintenance building.

Uh additionally ruining our neighborhood.

And why should the school get special treatment?

The fact that they started doing this without um the proper permission is uh indication that this shouldn't happen.

That building will create a blind spot for the walkway to the park that the softball kids and the park users use.

It would be an easy place for somebody to do something, and no one would see.

It's a big safety issue.

The building will be an eyesore.

People who once sat in their backyards and saw the sky will now see a big brown wall.

Please keep our neighborhood a neighborhood.

Let the district find an industrial site for their industrial needs.

Please represent us and vote against this project.

Thank you.

Good evening.

My name is Dana DeVore, and I'm speaking uh to challenge the notice of exemption for the maintenance and operation building.

I'm not going to repeat uh a lot of the same points.

You know, we've all talked about the unlawful um baseline that it there is no baseline for maintenance and operation.

So I'm gonna talk about uh the fact that they've already built up the site.

So they've built it up approximately four feet, and the neighboring properties are already two feet lower.

So that's effectively five to six feet higher than the the residences behind it.

That means that this 18-foot building is effectively a 23, 24-foot building, and it's only 22 and a half feet off their property line.

Um that combination of height, elevation, and proximity is unusual and creates a reasonable possibility of significant impacts, specifically the loss of light, reduced air circulation, and overbearing mass on the neighboring properties.

And this triggers the CEQA's unusual circumstances exception, which defeats the exemption.

The other point I want to make is the grade differential, it changes the drainage.

Raising the site four feet changes the natural drainage patterns and pushes runoff towards lower-lying residential properties, increasing the risk of ponding and localized flooding during storm events.

These are real site-specific impacts that cannot be dismissed under a categorical exemption.

For these reasons, no unlawful baseline, unusual physical impacts, and drainage risk.

The notice of exemption is invalid, and a proper sequa review is required.

And I want to add, um, I you you all spoke about how you were given a tour of the current um operation there.

Um, if you go back to their presentation, I'm not sure what they presented you guys on what was happening there, but you'll see that there are rooms for woodworking, metalworking, things that aren't just picking up supplies and uh going to their job.

So I thank you for your consideration.

Thank you.

Next speaker, please.

Okay, I'm probably gonna get booed.

Uh Brian Thenis, um planning commissioner, um Mayor McKeon, uh, council members.

Um the planning commission, uh, we we did vote to approve this project.

Um we uh and I believe this is this is still accurate.

Um we we reached, I reached out.

Uh, you know, any time that I'm involved in any planning commission item, um, you know, owning a civil engineering and land surveying company for 40 years, I have a lot of resources available to me.

Um, we know how to reach out to the division of state architects.

We we uh from 1990 to 1998 uh kind of recession years for us, uh we did a lot of uh school elementary school, high school projects, worked with the division of state architect quite a bit.

Um so we reached out the rules and and it it is an exempt from the division of state architect, but it says when authorizing construction of exempt projects, the school district assumes responsibility to ensure compliance with equipable code provisions.

So it's my understanding, and I reached out to uh one of the partners of one of the largest uh architecture firms in Southern California, they've probably done thousands of school projects, and he told me that they're their own entity, that they they have the authority basically to just do what they want.

They have to hire, you know, they have to hire the school boards responsible to employ and retaining uh appropriately licensed architects and engineers for their projects.

So that that means that when I believe that when they filed their exemption in October of 23, since no permit was required, I don't know how that would invalidate their permit.

And while I feel for the property owners and you know, feel bad for them, we we couldn't find a reason to deny it because um the consultants that I talked to, division of state architect reading their rules, it they they have the right to to uh to build this facility, and I think they're just trying to be good neighbors and and ask the city to confirm that they are complying with codes.

Um I I I I would like to add though that one thing that wasn't mentioned that uh prior to uh it being presented to uh uh councilman Kennedy and twining's planning commission, the design review committee recommended an additional 20-foot setback.

They they uh I think we failed to mention that tonight.

But they did they did recommend that additional setback to help uh buffer from the neighbors.

So um, you know, I think we should encourage the school districts to use these sites because uh as demographics change.

Maybe someday we'll need this site for hopefully as an elementary school again someday.

So thank you for your time.

Thank you, next speaker, please.

Is that it?

All right.

We're not gonna close the public hearing.

Public hearing is now closed, and now we'll open up to council discussion and questions.

I got real quick.

Uh it was said that I know that that area of Edison Park was used as a dump.

And that it is a mess.

The tennis courts went to poo, the baseball fields.

I've never seen baseball fields so uneven.

Uh and that actual Kettler's the school property actually extends out into Edison Park, I think about 40 feet south of that red box.

Um, but I'm not sure.

You they say they walk through the park.

I got a feeling the school grounds is less polluted and because it's covered with asphalt or pro it's covered with ground, less polluted than that park would be if the methane and things like that are oozing up on water low water table.

And I'm wondering if there's been a comparison from the kettler to the park side of any kind of uh I don't know, tests being done for the environment.

So you uh you are you asking if the if there's been a comparison between the the build site versus the park side.

Well, we know the landfill was on the park site and also on uh the softball fields as you mentioned, right?

Um we don't have any evidence that the landfill was on the school site.

That being said, um, as part of the project, if it's approved by the city council, um the code requirements would require one a geotechnical report, right?

So that is to ensure that the foundations take into account whatever the soil is, right?

So same as when Jennifer, real quick, just explain what a geotech is you're actually doing physical borings to test the composition of the soil.

Exactly.

So um, and that's that's done one by the project's engineer to determine w what the design considerations should be, what the foundation should be and how they should build the site when that was done for Edison Park.

Um it was mentioned that because there's a lot of um settlement potential because of the landfill materials, and so you have to design projects to withstand the the potential settlement in the future.

Um so that's one thing.

Then the other um consideration is that there has to be soil testing um in uh in accordance with city's current specifications for soil contamination as well as methane.

This project site is within a methane district, and so methane mitigation is already required as part of that.

The applicant will have to provide um uh basically a work plan, they'll have to do uh testing for methane and then mitigation, whether it's um a methane barrier or um uh like vapor vents, venting right, um that'll all be done if this project is approved.

That no permits can be issued for grading or building until that's done.

All right, so just uh summarize that.

So what Mrs.

Vincent is saying is that should the council approve this project tonight, the applicant would then have to go and submit construction drawings and plans to the city, grading plans, building plans, uh landscaping plans, etc.

to all the departments to get to go through plan check.

And then I believe we have a gentleman from the fire department, and as part of that process, they have to do soil testing.

So geotechnical analysis, digging actual physical borings, testing the soil that have to comply with 43192, we're all testing in and soil samples require for uh a work plan, correct, Jennifer?

A mediation action plan after race contaminants.

So all these things have to be done before you get your grading permit before you get your building permit.

And Jennifer touched on it per city specification 429, they have to do methane uh testing if they have methane, as she mentioned there's methane districts in the city.

If they have methane, as she mentioned, there's methane districts in the city.

So if there's methane discovery, they have to do methane mitigation.

That could include, like Jennifer said, installing a methane barrier or ventilation system.

I mean, much of HB is an old oil town, so there's methane districts throughout the city.

So uh does get that right, uh, Mr.

Fireman, is that basically correct?

Do you mind kind of elaborating on that a little bit to give people comfort about any potential contamination issues, et cetera?

That is correct.

That it was something that we would do before uh building permits or grading permits would be issued.

I have a question.

Uh if they didn't have a categorical exemption, which we could you know analyze that a little bit more.

Uh but is there any reason why we wouldn't do any of that environmental just up front before we approve the CUP?

Would that be part of CEQA?

Um no, not necessarily.

So the presence of a landfill doesn't automatically mean that a project needs an EIR.

An EIR is required when there's uh there's potential for significant environmental effects to be caused by a project based on substantial evidence.

So when we when we talk about that it's near a landfill, that doesn't automatically mean it needs an EIR.

It means that we have to consider that in terms of how would the proximity to the landfill and the proposed project, what would be the environmental effects of that.

So, in terms of the landfill, we would look at something like groundwater.

We already know that the groundwater's been tested from older tests when uh when there was um construction of Edison Park.

And part of that basically said that the groundwater has high salinity levels from saltwater intrusion, and that there wasn't any um evidence of a significant environmental threat to groundwater because of the landfill materials.

The other area we would look at would be um off gassing, right?

So we already know that in the mid-2000s, there was uh methane detected and a system, a control system was put in place on Edison Park, and there was also a passive system that was placed on Kettler.

So those two things have already been mitigated and addressed.

And then the third thing, as I mentioned, would be uh the potential for settlement, which will be addressed in the geotechnical report in the engineers' recommendations.

So correct me if I'm wrong, but it it sounds like there are some unusual circumstances that are surrounding this project.

Not not every neighborhood's facing, you know, it's migration of methane, a landfill within kissing distance.

Uh no, I wouldn't say that there's any unusual circumstances to meet the standard for CEQA.

So the items that were presented by um I think we had a public comment about it.

One is that you know, like for instance, methane, because we are an oil community, we have large areas of the city that are part of a methane district.

Um, and it's more common than not to have methane mitigation on on development proposals.

So that that's one area, but pretty much all of the other areas that they suggested, for instance, um, poorly draining soils, that's very common in the city.

Um sh uh shallow uh or a high water table, right?

That's also very common in the city.

These are not um unusual circumstances.

I I guess what I'm I'm looking at that might be unusual.

You know, we all got documents at the table here, and it'll actually delineate the lines.

I think it's page two and page three.

You can see uh where the lines delineated for that cannery landfill that actually it looks like it goes beyond just where the fence line would be for the school.

But I mean, in terms of unusual looking at LA Times article, February 5th, 2004 by Jenny Martyr, methane found beneath Kettler.

Uh the lot in the park were part of an old landfill, formerly known as the Canary Street refused disposal station.

Test taken in November and again in January 19 found methane emissions five feet underground at the school.

Uh one Kettler kindergarten uh parent said, I just want them to tell me that it is safe for my kid to be at the school.

Uh another article in in 2009 that we have here, it uh basically wraps up the article saying the landfill also lies beneath the Kettler Elementary School, which is closed and will be part of uh future upgrades.

And and so I I guess this methane had migrated from the landfill directly under the school to the point where temporarily they had to shut down this.

I would say that's a little unusual.

That's not normal for most residents in Huntington Beach.

It probably migrated under the homes on Brit on Breton Lane, too.

I I don't think a lot of people in here know that methane is not a is not toxic.

It's flammable, but it's not toxic.

I just thought I'd throw that in there.

Well I think Jennifer touched on it before.

I know there's there's concerns on contaminations, but A, she she touched on it.

The site's already been developed, it's already been disturbed.

So obviously there's already buildings on it, the main Kettler school.

Um the good news, as I touched on and the fire fireman confirmed is that going forward, they have to do further testing.

They have to do further uh geotech analysis to have to drill borings to test the composite the composition of the soil to see if it's sturdy enough to put a prefab building on.

They have to test the soil for contaminants.

They have to test the soil for methane.

There is methane, then they have to implement systems to mitigate those environmental concerns, put in new barriers, maybe some ventilation system, right, to further protect the property and the surrounding property.

So that's what I think the important point is to that this site's already been developed, and now going forward before they get any permit, their grading permit, their building permit, their landscape permit, they have to go through on all these uh analysis and tests and results to get signed off by the fire department.

I just and I want to just add a couple things too.

The geotechnical report, the geotechnical engineer, uh, because uh uh one of the uh speakers tonight mentioned uh uh the four foot uh buildup of a pad, and then everything's gonna drain to the homes.

Uh the geotechnical engineer will will devise, develop, design a drainage uh uh system, a drainage program that'll that'll drain away from the uh uh the the structures and will go to a drain.

I mean that's all part of a geotechnical uh report.

And more so just on that too, but I am in development.

Your grading plan, right?

You have to submit your grading plan to the city for the plan check.

You every project has to retain their own stormwater.

You can't run your stormwater off to your neighbors, you can't run it off into the public system.

So their grading plan will have to address drainage.

They need to put in a drainage inlet, an underground detention basin, et cetera, all those things will be flushed out and vetted out through their construction drawing process as they're going through plan check, and they will not get their permit until all those plans are are are secure, signed off by the city per code.

All the environmental tests are signed off by the fire department per code.

At that point, they would get their grading permit and their billing permit.

I just want to add a couple other things.

Um and Councilman Williams brought it up uh the in a L in that LA Times article that the shallowest uh I say the sh yeah, the shallowest methane detection on that whole site is is five feet underground.

The expert and I don't know, I gotta I I wrote down his words, he said methane is immediately below the surface.

Well, it's five feet below the surface at the shallowest.

Um I just want to go over a couple things that I I learned, you know, in my research is that that dump has been there since 1957, probably long before the residences maybe.

I'm thinking it was it was there before the housing was built in that in that track.

And just so people understand that fill was for all the homes that were built in the 60s, all the construction material that was left over was put in this landfill.

So it's from all the massive development of single family neighborhoods that were built in Huntington Beach.

That's what's in the landfill is construction material.

Um the landfill, the landfill includes the entirety of Edison Park and extends to the community center.

And in reports that I read over the last couple days, it extends onto the Kettler project, and there's no accurate depiction of where the the lines are that the cannery uh street re you know, the dump actually extended.

They're pretty sure that they've got it, and it's and it's pretty good there on the you know where the red uh uh marking is.

Uh, but you know, it has migrated into there according to the reports that I read.

And but we're ping-ponging here, but same thing with Edison Park, right?

Before we did that, we approved the Edison Park remodel, we knew there were there was a landfill there, so we started doing geotechnical boring samples.

We're able to actually delineate where that landfill line is.

And so then we wanted to move all the the heavy uh playground equipment, courts, all that outside the landfill because it wasn't sturdy enough through the geotech analysis to handle all that weight.

So through this geotech analysis, you can start to identify where that border is from the landfill and the soil composition and the contamination and the methane.

Just for reference, but I'm not trying to steal away the mic, we'll go get it back.

But um Jennifer, perhaps we could pull up it's the last attachment that's on the agenda.

There's an aerial shot and it actually delineates where AsCon is.

I don't know if you have control of the attachments or who who has the the control of the attachments on staff.

Control of the RCA attachments on the agenda, yeah.

The screen.

Uh so right now we have the PowerPoint presentation up there, but if we could get the last attachment, I'll get the number of it for ya.

It's uh attachment number 17.

It's uh Project Navigator AsCon landfill site.

I don't want to sign.

Okay.

There might be some future clicking around on this attachments too.

So Butcher's still going.

Yeah, this is just uh it's gonna be helpful, I think, to Butch's point.

Page nine.

Okay, so um this is this is an aerial shot, and you can see the Canter Street disposal site right there.

And I don't know if you guys have a way of of zooming in, but maybe anyone at home that wants a screenshot or any one of us, as a matter of fact, we have this right here.

It's the very first page.

And so that's the counter street disposal site, and it delineates uh those lines.

And so based off of the map, it it provides where that disposal site is.

And it was it was more than just household waste.

Um I know they're they're throwing telephone poles in there.

I imagine they've got you know, tar on those telephone poles, and and rules back then, like there is now.

Well said, no rules back then, wild west.

Is that construction materials?

Okay.

Should I go up?

Can I go?

Yes.

Okay.

So um school buildings when when Kettler was built, school buildings were not built any, you know, supposedly nowhere near the dump site.

However, I was looking at old historic photos uh over the last couple days.

And do any of you Kettler neighbors that live along Breton remember the line of portables right along your fence?

Two feet was it two to three feet was the setback on those.

Thank you.

I'm I'm the only one, I'm not the only one that remembers those.

Huh?

Yeah, of course, of course they were.

I'm just talking about there's been a lot of a lot of complaints about about the line of sight, and you're gonna see the top two feet of the roof.

But didn't you uh I was just asking a question.

Did you not see was there not portables right along that wall with about a two-foot setback?

It's two foot, a two-foot setback.

Anyway, there was.

Um gas gas methane uh or methane probes or wells or whatever you want to call it are installed throughout the park and through and and I believe there's at least one.

I I maybe uh Mark can tell me how many uh how many wells or how many probes are at the Kettler site.

I seem to remember there was at least one.

I'm aware of one on the kettlers right, and it's um on the opposite side from where the MNO building is gonna be.

Okay, I'll have more questions for you.

Um again, I said no gas has been detected at the surface level.

It was found approximately five feet underground, and that was uh you know measured in 2003-2004.

Uh again, methane is not toxic, it's flammable but not toxic.

Uh monitoring wells are sampled and monitored continuously.

Uh HB is a matter of fact.

I didn't even know this until I looked it up.

We have you know several smaller dump sites around the around the city and and parks are on top of those.

So it's not unsafe for you know, for a park.

Uh it shouldn't really be unsafe for uh uh a maintenance building.

Um the state has determined, and I looked this up.

The state has determined that Kettler's site is not considered unsafe for occupancy.

Um let's see.

Shallow somebody said you know that we have a really shallow water table of five feet.

That's the entire city is at five feet or less.

And that's because of the rain that we've had, but it's not unusual.

You I think you're the expert said it was very unusual that the the water table is at five feet.

I'm a geotechnical engineer.

I know this.

And it's shallower in other places.

Uh I'll just throw in Greer Park in that one uh because the water retention basin overflows every single time there's rain.

Um I was looking at, and I'll just read it.

Hang on a minute.

Let me just open this thing up.

Hang on.

The DSA allows for ex and under their exemption section, it allows for some maintenance work and smaller alteration projects will be exempted from DSA review, but they still must meet Title 24 California Code of Regulations.

So yeah, we can debate what some maintenance work or smaller alteration projects are.

We could do that all day long.

But you know, what's that?

7500 square feet doesn't sell.

That's pretty small.

That that's the size of your house.

No.

Um that's the size of some houses.

Um let's see.

Again, I said I said the geotechnical engineer will decide for for uh will design the drainage system that goes away from homes and other structures.

Uh yeah, that's about it.

I just wanted to bring up some points of interest, and and there's a lot of people that have talked, you know, talked about the the the danger of methane.

It's not so dangerous that uh uh you can't build parks for kids to play on, so uh it it it's I don't see that as being a big issue here.

So that's all for now.

So one of the concerns I heard the residents raise that I what constitutes a thorough environmental study.

It sounds like they feel like there's not been a thorough environmental study.

And when you referenced um the Edison, you said an old study.

No, Edison Park, I I played there when I was 10 years old, you know, that's 55, you know, 60 years ago.

If I was I wasn't five, ten.

So when you reference from an old study, Edison Park, what's old?

Um I believe there was a 1990 study that studied the that the Santa Ana Regional Water Quality Control Board required as part of um uh essentially assessing whether or not the weight the landfill waste materials were causing um uh uh environmental threat to the groundwater.

And that study turned uh essentially said it it did not that there was salinity in the groundwater due to saltwater intrusion, but that the waste materials were not, they then required monitoring for a number of years and then eventually determined that it there was not um that over the years of monitoring, there was not uh impacts to the groundwater such that there would be a significant uh environmental threat or pose uh uh environmental or health risk to the groundwater, and so they stopped requiring the monitoring.

Okay.

Um but in terms of your first question about what poses uh um a thorough review, it depends on the project description.

Um so it depends on the project proposal, it depends on the environmental setting, and it depends on the regulatory framework.

Those are sort of the three things that we evaluate when we're trying to determine is there a potential for a significant effect?

And a significant effect is determined by whether or not an environmental effect would exceed a threshold of significance.

So there is thorough environmental work, no matter which uh level of CEQA document you you provide, whether it's an exemption or an EIR.

This council, I think a couple months ago approved the Edison Park reconfiguration, which is literally on top of the landfill, and uh made a finding of a categorical exemption under CEQA, but it was thoroughly reviewed from an environmental standpoint.

Um so it really depends on the specifics of the project, the regulatory framework, and again the environmental setting.

Thank you for that.

So you referenced the six exemptions.

Um I think you said six.

Can can you tell us what those were?

Uh let me see.

Sorry, sir.

I'm not trying to put you on the spot, but you you're that you're a whiz with all the policy.

You're talking about what are the exceptions for using a categorical exemption under CEQA.

Let's start there.

And and if it's helpful just for clarification, the they only supplied one exemption.

They're only going one exemption, right?

Category.

That's correct.

So what what CEQA essentially says is you review a project, you first you have to determine what is a project, right?

Is this a project?

Yes, because we are they're requesting discretionary review from the city.

That in and of itself says it's a project.

So the next thing you do is you look at whether or not it could qualify for an exemption, and there's lots of exemptions that uh project can fall under.

So you review the exemptions in this case, 1530 is construction of small structures.

In this case, basically a non-residential structure, commercial structure under 10,000 square feet.

It actually says a square footage of 10,000 and more or less okay.

So it falls under that.

Then you look at 15300.2 in the SQL guidelines, which says you can't use an exemption if you have any of these circumstances.

One being, for instance, at the location.

If the location is environmentally uh officially adopted or mapped as an environmentally sensitive area, something like that would be what we call Esha, environmentally sensitive habitat area, the Eucalyptus Grove over by, let's say um the Shea Project, right?

Over by the Wintersburg Channel.

That's considered Esha.

And so you wouldn't be able to use an exemption for a project there because it's an officially adopted and mapped uh environmentally sensitive area.

Uh the next thing would be if you have cumulative effects.

So if you have a bunch of these little projects happening all over and the cumulative effect would be significant.

So that doesn't occur.

The other one would be if you're within uh a scenic highway, so if you're damaging any sort of scenic resources, um, which is not occurring, or historical resources, or if it's on a hazardous waste pursuant to government code, I found it 6596 2.5.

And then the third one is if there's uh or the sorry, the last one, the sixth one, would be if there's um if there's unusual circumstances that created significant effects.

And so, as part of our evaluation of an exemption, we go through each of those exceptions and determine if they occur.

And in this case, they didn't.

Okay.

The one let's call it number five, second to last with the hazardous.

Can you repeat that?

It's a sorry, a categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to section 6596 2.5 of the government code.

And so we uh looked those up and it's not okay.

So when you use the word ha hazardous, that that was just added to your statement.

Because you just read it, you didn't I heard the word hazardous the first time you were on bullet number five.

I didn't hear it this time.

Maybe you just added it in.

So yeah, that well, so that government code references specific hazardous waste sites.

So for clarity, all those exemptions were met.

Well, I would say this way none of these exceptions were were met.

So we can use the categorical exemption because none of these exceptions apply.

Kind of the other way around.

Can I can I ask a question on that?

So while while staff uh may advise, right, tonight, this governing body is the one that has the discretion to decide the interpretation of that.

Is that correct?

That's correct.

So you guys have staff has made their decision, and this is the whole point of the appeal.

The question is, do we agree with it?

So we can't say that it has not met these exceptions to the exemption.

That's at least what staff has found that's been appealed.

Really, the conversation tonight is how do we interpret it?

And I'll read exactly what the exemption is, and I'll read exactly what I believe if we you know just really analyze this, the exception to the exemption would be.

And so the exemption that is being applied, it's California Code Title 14, 1530, uh, just as Jennifer had said, it's a class three exemption.

So this would be a categorical exemption.

So it being a categorical exemption would mean that no uh environmental study would have to be done if this is true.

So it reads as this uh under C a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances and not exceeding 2500 square feet in floor area in urbanized areas.

The exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use.

Here's what I've underlined if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive.

Just on that last part, surrounding area not environmentally sensitive.

When I look at what we see on the screen, and maybe we could broadcast this for the people on TV as well.

I see this Canary Street disposal site that is literally within kissing distance.

In fact, some of the overlays that we have before us, it shows that it goes over into the school district.

I would say that that would be an environmentally sensitive area.

And while methane might make not be toxic, you know, as councilman or as as Mayor Pro Tem Twining had pointed out, uh it is flammable.

It is explosive.

There is a reason why in February of 2004, they had to temporarily shut down the school because of a concern about this.

And it was only 13 months later that there were no more kids at that school.

Did it have something to do with that at all?

The people in the community will tell you, yes, it does.

And so I see this, and we are the interpreters of this folks up here.

I see this as the surrounding area is environmentally sensitive.

Now, with regards to not involving the use of significant amounts of hazardous materials, it's interesting because the Pacific Rimp folks that had come out, they said that you know they went to the school district, they asked if they could tour the district and look inside of the containers, and they said that they were denied access to the containers.

Is that correct?

Uh Mr.

Mansoff.

I believe City Council was copied on the email exchange between those folks and uh Huntington Beach City School District.

It was initially a request from a community member if they could come toward the site.

We said yes, please let us know if you're coming so we can make a badge for you so that we know who is on our site.

Um and then the conversation became well, I have some other people coming.

Well, please let us know who they are.

And then it escalated to the point where the city council was copied on the email chain, and we did not feel comfortable not knowing who was coming on to our site, and um the public not being forthcoming with who was coming on to our site.

Um the site is also totally visible from the uh park.

There's not a screen on the fence, and um we welcomes everybody here to come visit the site at some point.

Okay, and if you don't mind, I'll I've got some follow-up questions.

Maybe we could clarify also for uh Mayor Pro Tim Twining, is there maintenance operations going on currently there?

Because I believe that your understanding of it was that there's not, he can clarify if there are maintenance operations going on there, like sawing and painting.

Primarily our maintenance and operations happen on our school sites.

More often than not, the guys are working out of their trucks in the parking lot doing the sawing and painting and things like that on the school sites.

Um, just like you can't mow the grass at Dwyer from the maintenance and operations building, you can't repair the HVAC halls from the maintenance and operations building.

Um you can't cut baseboard at I don't know, one of our other school sites from the maintenance and operations building.

Um, the site is primarily used to store material.

So, as far as what we're doing now, I would say that there's more active maintenance work being done in the parking lots of our nine schools than there is at the Kettler site.

And you you mentioned that it's used to store material.

And if we could go back to the PowerPoint presentation and get that overhead aerial view of the uh shipping containers that they have on site.

If we could zoom in just a little bit, and it's it's too it's oriented to the south.

If we're saying, I don't know if there's a way you can zoom in a little bit more.

And we were just on site there today, Councilman Gruell and myself.

And my understanding is that what is inside of these storage containers is ultimately what will go inside of the facility.

At least that's what you had shared with me before, Mr.

Mansoff.

Is that correct?

Yeah, so the intent of the facility is to get rid of these storage containers and have them in the permanent home.

Yeah.

Um, these storage containers are part of the fire department's review for hazardous materials that happens every year at all of our school sites.

Um, so they've been reviewed numerous times over the years, uh, at least once a year, unannounced by fire department since I've been there, and we have never once been cited for any sort of hazardous material.

I would also argue that the school district is held to a higher set of standards than um than uh even the local homeowner with what materials they can store on site and how they can store them.

Um we can't even buy half of the items in Home Depot.

Is paint a hazardous material?

Uh solvents low VOC paint, I don't believe is considered a hazardous material.

So we don't have to declare it with the state on our um hazardous materials reports.

Can we just throw paint into our trash cans or does that go into hazardous waste?

Uh I don't think safe disposal necessarily implies hazardous.

Okay, so we have paint because we we took the tour today, and we got to take a look inside of some of these containers.

Yep.

And I mean, I would estimate just from the few containers we looked in, we didn't look in all of them, right?

But there was hundreds of pounds of of paint and solvent and you know, scratch proof, uh, you know, different enamel.

Um, that's the material that's going to be going into this facility.

And from what I've looked at, that's hazardous material.

And so when I'm looking at what we just read here, where all necessary public services and facilities are available and the surrounding area is not environmentally incentive as sensitive, but it also reads if not involving the use of significant amounts of hazardous substances.

We as the interpreters of this council, you know, it it is up in the air in terms of what do you consider to be a significant amount of hazardous substances.

All I could find is anything equal to or greater than a pound.

And when we look inside of those containers, I mean I say it's probably not very debatable.

There's there's hundreds of pounds of of paint and and solvent in there, is there not?

I think most people have more than a pound of paint in their garage.

Yeah, fair enough.

Right.

So we hold things to a higher standards though, right?

In government and on our on our schools.

Uh also if we go into the project plans, that's another one of the attachments.

Um it gives a description of what the project you know will be.

And part of the description of what the project will be, you find it on page five of the project plans, but I'll just read it to you.

Um, amongst other things, like metal work is mechanic work.

And associated with mechanic work would be things like gasoline, oil, solvents.

Again, in fact, part of the schematic that we see on the plans, if we could just scroll down a little bit, there's actually a bay that's dedicated on page five.

So page five, there's a mechanic bay.

And again, this would be a location where you would have things.

If you have a mechanic working on vehicles, there's things like gas and oil and solvents on page 12.

It's identified as I guess it would be room 118.

That's what they would put on the door, 118 mechanic.

And so coming back again to you know, an exemption was granted, but an exemption was granted based off of Title 14 15303 C, which says if not involving the use of significant amounts of hazardous substances.

I mean, what I saw with my eyes today was hazardous substances.

What I see on the plans right there would be plans to store hazardous substances.

And a categorical exemption was granted for that.

And so there is the exemption, and then there's the exception to the exemption.

And the exception to the exemption would be in Title 14, as uh Jennifer had pointed out, 15300.2.

And here's the exception.

This is what wipes out exemptions.

So even if this exemption were valid, this would wipe it out.

A category exemption shall not be used for an activity where there is a reasonable possibility.

That is the standard for us as council members.

We have to consider is there a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

I have to say, in all candor, this project is surrounded by unusual circumstances.

And it is very concerning to me.

My perspective is that it would have potentially a significant impact on the surrounding environment, and that's the only standard there.

A reasonable possibility.

And so we are the deciders of this tonight, and I think all the community really is asking for please just do some environmental.

And so personally, I would have to look at this exemption and say, I don't think this exemption applies.

And with this exemption, I believe not applying, and also the exception to the exemption, I believe this exception applies that a categorical exemption shall not be used because there is a reasonable, that's the standard, just a reasonable possibility that the activity will have a significant effect on the environment.

So I have a I have a can I go through a couple questions here?

Oh shoot, yeah, yeah, sorry, I missed you.

Yeah, I first of all I'd like to thank Mr.

Stein and Mr.

Mastoff, is that how you say your last name?

Manstoff, but this it was good.

Close enough.

Okay.

Well, thank you for the tour.

Um I needed to see the site.

This is I was just telling Pat, like this is not easy.

First of all, I understand that you guys are trying to be good neighbors.

I understand we don't want to um spend more money in getting this done because we can use those resources for kids.

That's it.

I also understand the neighbors and the residents whose homes are backing to that.

So it you want to help everyone is is like, is there a happy medium and it just doesn't seem to be.

I'm trying to, I'm getting to I'm seeing the environmental impact.

Now when you're talking about the paint, I guess that's just my question.

Very simple, simple question.

Do you guys have paint in other school sites stored, or is all your paint in that one site at all times?

Is there paint or because you guys have that container with with like paint and other items?

Are some of those items also stored in other school sites?

Yes.

So items are stored throughout the district in various storage spaces, such as paint, carpet tiles, ceiling tiles, and things like that to allow fast remediation of issues.

Um I would say one thing that the CUP does is allows this governing body and this city to have control over that process, right?

Allows you to have inspections by fire, inspections by PD to come in there and say this is too much paint, this is hazardous.

Um and things of that nature.

And we have always been compliant with our partners at the city.

Do they do you guys have inspections?

Do you guys expect all the sites annually?

So I I did look at our records for this site, and we do inspect it annually, and it's something that we um in our recent inspections have no violations.

So when we look at hazardous materials, there is a code or a chapter in the fire code that disclosed discusses it, and most occupancies are allowed to have store hazardous materials, and there's a whole section there that discusses the thresholds associated with them.

So when it comes to like paint, there's different types of paint, oil-based paint, water-based paints, and they have different ranges, right?

Different combustibilities.

The code specifies based off boiling points, flash points, what their classifications are.

And so when it comes to kind of some of these water-based paints, they're considered class 3B combustible liquids, and the thresholds for those are like pretty high to be considered um bumped up to a higher category.

So for this instance, if they exceeded their maximum allowable quantities in their storage area, they would be bumped up to an H occupancy and there'd be a lot of different requirements for it.

Um, but that threshold would be something like 13,000 gallons of paint.

So it would be something significantly high.

And during that building permit phase, we would ask them to disclose what how what they're plan to store, at least indicate like they won't exceed the maximum allowable quantities, and then that's something that we would check up annually.

Yeah, so I will say these are consumables that we're talking about.

We can just as quickly get rid of the paint and go to the Home Depot when we need to paint something and keep a bucket of each one.

Um these are not brick and mortar things, these are consumables that we can constantly be in contact with the fire department on to make sure that it's monitored.

Thank you.

Like I said earlier, I understand you guys are trying to be good stewards for children and the school district.

I'm also sympathetic to the homeowner.

So um, yeah, go ahead, Andrew.

Okay.

So I'll try and get through the list really quickly here.

So first and foremost, I think Chad, that's an interesting point you bring up in regards to the exception, which was the sixth um exception to the sequel exemption, which would be the unusual circumstances.

So I think that and uh and I'll ask this question because it seems as if we're focusing on the methane here, although I think there's concerns about other chemicals that could potentially be in the soil, but I want to ask uh to to the to the firemen here is methane okay to breathe in in higher concentrations.

Um I mean thank you.

I know it's I know that it's also uh flammable, I understand that.

But the question is is in what concentration?

So the concern on behalf of the residents as I see it is is that when you put a building on the site and there's methane that's perhaps being captured within the building when they open up the doors to the building and it dumps out into the residence backyards, and it's clearly multiple residents backyards, is their concerned about asthma and any of the other chronic breathing conditions that may have arisen over the past 10 or 20 years that could be related or unrelated, but obviously concerned about their existing conditions.

So that brings me to the idea of is there some sort of a compromise?

Is there some sort of a way in which number one that can be that can be taken into consideration?

And then number two, one one and and we can discuss that, but one other thing that I want to bring up here is is just in terms of the history of this project, there's a lot of misinformation online, and it's important to mention that when I appealed this project, I had direct communication from somebody representing themselves as being involved with the school that they told me if I do not pull my appeal that they will unleash the people of SOWRS community after me, and they will uh you know, I don't remember the exact words, but if I remove my appeal, they will not do so.

Now, what I find very interesting about that, besides the obvious unethical nature of that comment, if not extortion, is that they're saying that you will come after people will come after me from SOWARS because SOWRS is so built up, they don't want it in their backyard.

I think that that's very concerning because at the end of the day, it's just that the residents want to make sure that they're not breathing in chemicals.

Now, I did not know that this was a former landfill until we found this out and we did the overlay here, but in that landfill, that is the exact site.

There is an overlay there at that landfill site or that former landfill site, and in 2004 it was shut down because there was methane that was detected within the school.

When you applied originally, or you I know that you have your own CEQA analyst.

Did they consider the methane, any of the gas or the underlying landfill when they were seeking their exemption?

Yes, and it's outlined in the CEQA exemption.

And it's outlined in the CRA the CEQA exemption in regards to the full soil analysis, or there was absolutely nothing done in that regard?

It was outlined in the same way that was explained by city staff.

And does is there any opportunity to do a deeper analysis?

Would you guys be okay with looking into if the residents are asking for some sort of an environmental review of the soil and what's going to be underneath there and the way in which it's going to affect the surrounding residents, neighborhoods, and ultimately the ecosystem, would you consider some further review in that regard?

Further review will be required by the building department.

Well, Councilman Gru, I if I can jump in, as I mentioned earlier, part of their fire code requirement is they have to do environmental testing, they have to test the soil.

No, I understand that.

Sure, you said it was for the structure.

The board you specifically said it was for the structure, and I just for the whole project.

I'm asking for the for the whole project.

Like great, like you can't get your grading permit unless you do uh phase two soil testing.

And if there's methane or other environmental uh instances that occur, you have to have a mediation plan.

And so your your analysis about the methane going through the building, if they encounter methane, they're gonna have to put in a methane barrier system, a ventilation system, correct firemen, right?

So all those things will be mitigated.

If there's environmental impacts, they will be mitigated.

So to swage people's concerns on the hazardous material, the firemen just said that they test that the site, inspect it for hazardous materials, that takes that off the plate.

Then any concerns about environmental conditions or contaminants will be vetted out and tested through this process before he gets a grading permit and a building permit, correct, sir?

Yeah.

So when we take a look at the work plan, uh we'll identify where they're gonna put their uh testing probes or they take their soil samples and they'll investigate for different materials based off what the hit site history is.

Um, you know, we do have some environmental consultants that we use, they'll use an environmental consultant for their review, and we'll make sure that the site um complies with our specifications.

If there's constituents in there that are outside of our purview, um, then we look to other agencies for the review, like you know, water quality board or DTSC.

Um, as you guys said before, our specifications are mostly related to petrochemical or oil well contamination.

So that's what are gonna start, and that'll be the starting point.

If there's any additional items, then we bring in other agencies.

But in the end, the most that we could have for the site, depending on the concentrations of methane in there, would be a passive system, which would just be a methane barrier with some vent risers or some um an active system, which would be detection and ventilation upon upon detection.

Okay, so that's good.

So that'll that would be addressed on the city side.

So I guess what would be based on what some of the residents are asking for, what would be the and we don't need to get into all the granular detail, but the differences between the environmental, a specific environmental review under the under the context of CEQA and what we need to do through the building department.

Is there a significant difference there?

Or the EIR?

No, I mean if we did an EIR, the conclusion would be the same that uh they would have to do a phase two, they'd have to do soil testing.

Because an EIR will generally take into consideration existing requirements of your codes, um, state regulations, county regulations that they have to follow in in doing the analysis.

So when you have requirements that you already have to provide for, those are factored into whether we do an exemption, a mitigated neg or an EIR, the conclusion will be that they have to do a phase two, a work plan, soil sampling, and then mitigation based on whatever contaminant is found, methane or any other contaminant.

And then as Steve pointed out, uh they may need to uh bring in another LEA local enforcement agency or oversight agency, depending on if it's something that the fire department would look at, have oversight over or water quality control board, SCAQMD, um DTSC or the health care agency.

Um and I'll just try and rapid fire through a few of the other questions.

But um, so that there they brought up the condition of the trucks backing in, backing out.

Um maybe perhaps Mr.

Mansford, you can't.

So as part of the CUP um that was approved by the uh zoning administrator back in 2024, there was a requirement to meet the local city noise ordinance.

So that is the um I believe it's over 70 decibels over five minutes between the hours of 10 p.m.

and 7 a.m.

Um so that would be within the purview of local jurisdiction.

Police could come and violate us if we were to um violate that.

So trucks don't arrive until 7 a.m.

So trucks can arrive and leave before 7 a.m.

They can't generate noise.

Okay, got it.

Got it.

That would saying a truck can arrive anywhere in the city before 7 a.m.

using the code would mean the whole city would sleep until 7.

That'd be wonderful.

So would it um for me at least.

Okay, that's I'm gonna if anyone else has questions, I'm gonna just regarding that that sequa analysis that that was performed.

I went back to the planning commission meeting because that's where I could find it in the attachments.

And I mean, one of the the remarks that it makes about the cannery landfill, which it doesn't identify it as as the cannery specifically, uh, but it identifies it as nearly a quarter mile away.

It doesn't recognize the fact that it it literally goes right up to the property of the school.

It it identifies it as point two miles southeast, completed case closed.

That's a direct quote.

Completed case closed.

That's what the sequel analysis says.

And so wait, do we have evidence to the contrary of that?

Yeah, we just showed an overlay.

The but do you have a yeah?

Let's pull it up again.

We could go back to you have an overlay of the Kettler site and the cannery showing your building and the MO building.

So the north side of that red line.

Oh, that looks like Edison Park to me.

So the north of that red line goes right up to the property.

That's on the record.

People can take a much closer look.

Let's go ahead and zoom in on that.

And I guess you're you're acknowledging that if that is the case, that's that's pretty remarkable.

Isn't it?

Okay.

Oh, what we speak.

Hello, good evening, everyone.

Um, my name is Malia Durand, and I'm uh the sequel consultant for the district.

Um what was identified, so SQL requires that we take a look at um listed sites under the Cortez list.

And so the table that you're looking at, hazardous waste sites within 0.25 miles identifies multiple sites within 0.25 miles of the Kettler property, and it talks about their condition where they're active and active, case close, and then a distance to those.

And so what was identified is is where on the Cortez list that site is identified is 0.08 or 0.09 miles over the case.

Okay, so what I'm looking at is the point two two.

And what we don't see, right?

So the the search does do uh a search of the environmental database, right?

Goes geo tracker, environment ej screen, environment mapper, and it identifies 2137 Magnolia Street as a nearby solid waste disposal site, status completed, case closed, about 0.22 miles southeast.

It acknowledges that the project site is within the city methane hazardous overlay, so it acknowledges that.

But what it doesn't do, there was no methane probe testing, correct?

No methane probe testing in that SQL analysis.

Can you say that there was no I no, okay there's no soil gas report.

Was there a soil gas report?

So the process of pursuing an exemption is a process of as the city staff has indicated is going through does the project qualify for the exemption, and then going through the process of uh does the project trigger any of the exceptions to the exemption?

The hazardous waste site standard is a categorical exemption shall not be used for a project located on a site which is included on any list compiled uh pursuant to government code of the Court Cortez list.

And I don't think anyone here is trying to apply that exception.

That's the last exception, the the way site.

No one's trying to apply that exception to the exemptions.

So I apologize.

That's what you were just referencing.

No, the exception to the exemption would be uh 15300.2 C.

A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

What you were reading just now is from E, that's the hazardous waste site.

So categorical assumption shall not be used for a project located on a site, which is included.

And so that wouldn't be the exception to the exemption.

Um the exception would be um C.

And so I just want to make clear that in the sequel analysis that was provided, because you know, I was told when I did the tour that it does address the methane.

The only degree that it addresses the methane is just acknowledging that it's over uh that there it's part of a a methane overlay.

But there was no testing that was actually done.

There were no sensors, there was no looking into soil.

Is that correct?

Uh much of the city of Huntington Beach is a very good thing.

Can I just get it?

Is that is that correct?

Can I get just an answer to there was no testing of the soil?

There were no sensors.

Is that correct?

Just yes or no.

Uh methane testing is part of the regulations of the city's code that comes in.

So that is not something that's required.

So CEQA.

So it is correct.

I'm just trying to get a yes or no.

We got a lot of people that are watching and listening right now.

They just want a definitive answer.

Is it correct that there was no methane probe testing results, no soil gas report, no landfill gas migration analysis.

Is that correct?

No, none of those reports were conducted as part of the CEQA exemption.

Those types of analysis occur at uh later time during building permit issuance.

And it's worth noting that the methane zone for Huntington Beach is the whole south half of Huntington Beach.

So if the implication is that we as a school district needed to do methane testing as part of the CEQA analysis for an exemption, that would mean every project in the lower half of Huntington Beach would need to do methane testing as part of any CEQA analysis.

I think that the people of Southeast Huntington, that community would like you to be very aware it's a very sensitive area over there.

And uh it's not it's not typical.

Yeah, every day.

It's a hot spot.

Not many people, you know, have to evacuate a location because of concerns of methane rising to the surface.

If I may, uh my name is Jeremy Brust.

I'm with the law firm of Tao Rossini.

We're counsel for the school district, and uh I'm I'm approaching because I think some of the legal background would be helpful in dealing with these exemptions and when the exceptions apply, because it's not just guesswork based on the terms, how they're normally used.

There's actually a lot of law guiding this.

For example, in environmentally sensitive area, that's not something like this, it's actually the opposite.

That's uh rare habitat, threatened species, archaeological sites.

That's the kind of thing that eliminates an exemption.

Uh with respect to significant amounts of uh hazardous substances, there's case law on that.

There's a case out of Redondo Beach in 2016 regarding a class three categorical exemption for a car wash, challenging on this ground.

Car wash uses more chemicals than in a week than this place will probably in a year, uh, and was found that was not considered a substantial amount of hazardous substances for these purposes.

And finally, with respect to unusual circumstances, it's not just a guess.

There's a case uh from Berkeley.

This is uh uh from the city attorney, is this our discretion or is it not as a quasi-judicial body?

It's our discretion.

We are the deciders of this.

Discretion guided by the law.

And the test in the City of Berkeley case in 2015 actually has two steps.

It's a pretty high bar.

First, is there some unusual circumstance?

Second, if there is, is there substantial evidence in the record indicating that there will be a significant effect on the environment?

And here, as staff ably answered, these aren't really the kind of unusual circumstances recognized in the case law, and there is no substantial evidence in the record showing that there would be some sort of an impact because substantial evidence is facts, reasonable assumptions based on facts, not innuendo, not uh opinion, not conclusions.

But would the shutdown of the school or at least the fact that there's documented articles of the methane at the school in 2003-2004, the headline of the article is methane found under Kettler Elementary School.

There's multiple articles.

Would that not be documented fact?

That's not conjecture, that's fact.

That's unusual.

It's fact that there's methane at Kettler.

We all agree on that.

Yeah, and it's also a fact that it's not on the lists that are maintained by the state of the of the hazardous materials.

Nobody's making that.

I've tried to make that point.

No one's trying to make that exception to the exemption.

That's significant for terms of making this uh uh making this determination.

If it's unused if it's not unusual that there's a headline said in 2004, but what the state's list actually indicates.

If it's not unusual that there's that there need that there's methane everywhere, then I guess everyone would just be okay with the fact that their property was you know was seeping and marinating in methane as these articles there's not articles in the LA Times about any other neighborhood.

I mean, specifically at Kettler.

So I'm I'm just saying I don't think we should discount that to the degree that that's just normal that that's it's not a good headline that Mark's Manstoff's house has methane under it.

This is very good.

Yeah, this is 2004 LA Times article.

We read it, methane found beneath Kettler.

The lot and the park were part of an old landfill.

The lot and the park, the lot, that's the school was part of an old landfill, formerly known as the Canary Street Reviews disposal station.

I find this unusual.

I appreciate your opinion on it.

It is our discretion as the quasi-judicial body that will determine whether or not with our discretion, we find it to be unusual.

That's up to us.

City attorney.

No, no, it is it is totally up to this body, but there has to be, as counsel pointed out, substantial evidence that that you can rely on to articulate facts as to why you're making a decision.

And this would be what I'm relying on a landfill that overlays where the school is migration of methane, and the last test that we've heard of is from the 90s.

We're talking what 35 years ago.

What I the one thing though is um the park probably has more methane oozing from it than that Kettler lot, I would assume.

And people play baseball tennis, kids go play on the grass all day long.

My question is uh, ma'am, I don't know your name, but in your opinion, is it safe to build?

Yes, absolutely.

And geotechnical studies and all of the further uh work that will be required in under the next phase of the project will ensure that it is and will ensure that the project follows the city regulations and policies.

Safe to the neighborhood, the neighbors, and everybody.

Yes.

This is the case of the Fox Guard and the Hen House.

They're the lead agency.

They're they're leading the way on CEQA and then saying, no problems here, we don't have to do an EIR.

Councilmember.

Does our staff feel it's safe to build at this point?

Yes, so with the code requirements that have been imposed on this project with the conditions of approval that have been imposed by the planning commission, it would ensure that any sort of environmental concern would be remediated prior to issuance of a grading permit or building permit councilman uh Burns.

That's it's our call tonight.

Yeah, it's our call tonight.

That's why it was appealed.

And Kennedy, I I got one one thing just to support what you were asking before.

Councilman Kennedy.

So the question about the DSA, I found the email, it was sent to all of us in March, and this is what it says.

This is from the DSA, aligned in in their email.

We all have this.

DSA does not issue conditional use permits nor enforce local zoning zoning ordinances.

That's from the DSA.

That's true.

That's why we're here to get the CUP, but that doesn't mitigate the fact of your original question.

Were they allowed to operate a maintenance facility without a C UP by virtue of the DSA saying go ahead?

The school claim the DSA said go ahead.

I think that that's that's what why they operated for six years without a CEP.

Now they're here for the C UP and we can decide on that.

But that doesn't uh uh change the fact that somebody said the DSA said we could do it.

Uh that one doesn't sit well with me.

It doesn't mean that you should.

Right.

Well, and I'm not even sure you can.

I mean, I don't I don't think the DSA had the authority to make that statement because you're right.

Let me let me read it again.

The the DSA employee in this email says the DSA does not issue conditional use permits nor enforced local zoning ordinances.

They can't.

Correct.

Right, but they're not doing either one of those right now.

We're here for the CUP, and they didn't enforce the local zone lean, they basically circumvented it by saying, hey, we're the DSA, you can do it.

We'll get back to that.

I had a couple questions.

First off, to back up what Gracie said.

Yeah, I've dealt with this with Mark a couple of times in the planning commission in today's well.

I find you to be very gracious, and and I think you're in a tough spot, we're in a tough spot.

The residents are in a tough spot.

They were willing to make a lot of different concessions for the residents, block walls, um uh fence elevators to give give you uh more blockage if you were so choose.

But I did learn something today that um when we were talking about the fact that um you only had to use a 10-foot setback, but you went 22 feet.

I thought that was I thought that was a fair gesture.

But um their homes are already below grade.

And correct.

You know, I heard did you guys build up?

Did you import soil to raise the grade four feet?

It wasn't to raise the grade.

Well, it was it was to uh export soil from our Peterson modernization project.

Okay, okay but but you did bring in soil and raise the grade four feet.

We we brought in soil and we lost it in that area.

That grade doesn't have anything to do with the final building grade.

Okay.

That could be two feet high.

Okay, so that that's my question.

So if everything moved forward at some point, would that be another concession that you'd be willing to go back to original grade, lower that's that height by four feet?

Uh I believe the code, and maybe city staff can help me.

Is the top of the building is governed by the height of the curb along um Dorset Drive.

So the grade is somewhat meaningless of what's existing right there because the top of the curb along Dorset Drives sets the limit for how high the building can be.

Does I Right, I get that I get that, but that's a little semantics right there.

The bottom line is, you know, yeah, we wouldn't know what yeah, I don't know when you're okay.

Good.

Um, because the people that care in the backyards, that ver you know, that angled view would appreciate four feet less, you know, uh fascia or whatever you want to call it, siding.

And but you said you'd be probably willing to do that.

Yeah, we by condition.

This has been um, I would even say not necessarily by condition.

We we have had numerous discussions about this um with the community.

Um with no, that is a lie.

Well, I did attend a couple of meetings, you guys at the Kettler.

They were there, but I went there with Butcher when we were campaigning.

I believe the some representatives, you guys had a full house.

I just met the Grangers there.

I think they probably did some outreach.

I can't testify that they've done unbelievable amounts of it, but I don't think they've been unavailable, but that's not for me to judge.

But I do know there was some outreach.

So, in that we take in to account the design.

We are members of the community, stewards of the community.

Um, as you said, some of the things that we hit before was putting uh mature trees in between.

Um that was a condition by the design review board and the zoning administrator.

We'd be we'd be welcome to to look into alternatives if the trees are now not wanted, because they were up until tonight.

Um then the block wall being eight foot um per the zoning ordinance.

We talked to neighbors along that side that they said they wanted it to be six foot, that's a condition.

Walkaway lighting, photometrics plan, we've enhanced the setback, we increased beautification uh on the side that faces Brenton Lane.

We provided additional soil studies over and beyond what's required at planning.

We provided additional sound studies over and beyond what's in planning.

Um there's a condition to not have outdoor ancillary vehicle storage, um, and then there's conditions on hours of operations.

On top of all of that, one of the points that council member Williams brought up is there is a mechanic bay on the set of drawings.

That set of drawings is from 2023, I believe.

This has been going on for quite some time.

The whole landscape of the district has changed pretty substantially in this time.

Um of the considerations was there's gonna be buses here.

No, we now have a joint use agreement with Ocean View.

We are gonna be keeping our buses there, keeping our transportation there, and have access to mechanics there.

For how long though?

For at least the next 20 years.

And by contract?

Our board is only allowed to do five-year approvals with five-year renewals.

So we can only approve five years at a time.

Uh so that is what we're limited to by education.

So I mean, to that note, it sounded sounded better when it was 20 years.

Yeah, but um we would need a CUP if we moved it.

We couldn't just show buses up at any of our school sites.

Well, it sounds like it was part of the original plan and kind of created some ruckus, and you said, hey, don't worry about that, they're going over here, but it was it was actually part of the plan, and it sounds like buses were never part of the plan.

Mechanic was initially considered.

Okay, so you um we we don't have a mechanic on staff, we don't have a job description for a mechanic, um, and we don't intend to have a mechanic.

I am totally fine with um council and city staff putting a condition of use that there's no mechanic on this building or in the structure, and we will abide by it.

If we don't abide by it, you can come at us with the full extent of your powers.

Like yeah, yeah, you've I think you've you like I said, you've been gracious in trying to, you know, bridge that gap.

What happened to the Dwyer yard?

I I heard you I didn't know you guys used to be there.

I went to Dwyer.

I remember that.

Um this was before my time at the district.

My understanding, the Dwyer Yard in the building was um very much out of date and very much decrepit.

Um I never saw it, so I can only speak to what I've heard.

And it was um that area at the time the administration chose to uh put the gym in the stem lab for our students in that area.

Yeah, I thought the gym may have taken that spot.

Okay, yeah, go ahead.

I just want to say something.

I kind of want to wrap this up because you'll remember, and Don will remember, you know, Councilman Kennedy will remember this has been going on for two years.

This dates back to our time on the planning commission.

And if my recollection serves me right, and and and and uh uh there's people here that uh uh were were outspoken at that time.

I think that we you have done everything we asked you when we first saw this project, it was a it was a basically a barren uh metal uh uh uh building.

What do you call it?

Butler building butler.

Yeah, you know, it was a barren one, and and I think that we you guys have beautified it.

You put the you did everything they asked.

In fact, I was I was surprised when Robert uh uh uh said a little while ago that now they're gonna build these big trees.

That was that was one of the conditions that you told us, you know, two years ago.

You needed to, you know, beautify that back.

Um we've consulted with the with our police department, you're talking about homeless and druggies and all that using the the alleyway there.

Uh it needs needs to be lit up.

Now you don't want lights, and but we have talked to police, and police are totally satisfied with the situation of the building and and and the security that'll go along with it.

Um they've they've done everything.

The the fake windows, the the the wall, the the the trees, the beautification of the building.

I think in the very beginning, you didn't have uh CMU walls and uh you know uh accents around the around the building.

You added those things so it just wasn't this you know, plain butler building.

I mean it's like you know what I remember is from way where it was two years ago that you guys have been over backwards to to meet with all the uh you know what what the residents wanted.

I mean, you guys sat right in here, Robert.

You sit up there and you laugh, but I remember as clear as day, you had all these conditions, and we put those conditions on and we didn't approve it back then.

We said do this, do this, do that.

And I feel like they did all that stuff, and then it became line of sight, then it became the the cannery uh uh landfill, and now we got environmentally sensitive areas and all that.

I'm not sure why it's environmentally sensitive.

I don't see a lot of egretts walking around on the on the on the on the park, but you know, maybe they do, who knows?

But anyway, I I just think you guys have have really tried to work with the community, work with us, work with staff, you've got your experts here, they've got their experts here.

Uh you know, I I think that everybody's done a pretty good job here.

Now, there's been a lot of talk about up here about what can you do to compromise.

You know, I would I would still like to see some type of compromise.

I don't know off the top of my head what that would be because I think you guys have done a lot of compromise on this, but uh uh I still I still like the project.

So can I ask one quick question?

Can you define what you will do inside those buildings?

Because of the sound study that we uh basically compelled you guys to do from planning and Butch and I were on there, you did it, but you there's you didn't have like the the three walls of a metal building that would basically focus the the decibels outwards.

So you know, if you are you gonna can you tell us what you'll do in the building?

Sawing blacksmithing, you know.

I'm just making that part up, but what are you gonna do inside those buildings?

So um I I do think that is one of the very um big elements to this project that is misunderstood is what the um capabilities of our team and what the intent of the maintenance workers are.

Um as any of you who visited the site um during the course of the project or during the course of the past couple weeks or past few years, um there's not anybody on site.

They are dispatched to the schools to do the work.

A majority of the work that they do is on the schools.

Now, when we have the um MO building as presented, you can see the woodworking area is 314 square feet.

Is that what that shows?

And that's the same as the metal working area.

That's smaller than most garages.

Um this is the and in that the thought would be to have a mitersaw and to have a table saw.

And those things would be, I would say most of the work would be cutting boards to be used as backpack hooks.

So we'd screw back hooks into there.

Um and we'd paint that undercutting a door, maybe.

Um, and then for the metal work, most of the metalwork that we have to do is on a site, right?

I can't hand weld the handrail of a portable from here.

But what I can do is repair a tricycle.

Um, we have tons of tricycles for our littles, they break from time to time.

We come in, we tack them up.

Um, there may be odds and ends things that need to be tacked up, but I'd say we probably use our welding equipment four or five times a year, um, and we kind of try and do it in a big batch.

Um, and as you can see, most of the site is office space or or storage.

I think the groundskeeping shop uh is really just storage for for the weed whackers and things of that nature.

These guys can't be doing their job from this building 99% of the time.

Um, and that's just the long and short of it.

They can use it as a safe place to order materials and things of that nature.

Now, going to the sound study, the sound study was completed based upon a review of the tools that we have.

So the um people who did the sound study came and reviewed them the tools of that are owned by the district maintenance and operations staff and based the sounds being created by those tools on our specific makes and models of tools.

But it was out in the open, though, right?

It wasn't you know, when you focus inside of you know the three sided with the doors open, and I know you said that would be focused at those homes on the other side, and the sound would uh you know it would deplete itself below the 70 decibels you found in the sound study before it got to those homes.

Uh not where Robert not the Brighton Breton side across but the other side because the doors are gonna open that way.

Yeah, so we'll so the sound study um showed the the tools being used in the open, but it also modeled different scenarios.

So the scenarios that were modeled were the building as proposed, and then additional during the planning commission meeting, additional modeling was requested, and those additional models showed uh greater impact of sound than the building as proposed.

The building will still be subject to the noise ordinance as part of the CUP process.

So if we are exceeding any of those sounds, we are in violation of the CP.

Can I ask what it one of the proposals or at least in regards to talking about compromise was to move the building?