HomeMy WebLinkAboutFinancial Transparency - Determine Total Cost of Pacific Air (2) ��NTiNcro 2000 Main Street,
Oio`�, •• e Huntington Beach,CA
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: � -��2 City of Huntington Beach 92648
9 _ APPROVED 4-3
�cF�UUNTY CP\*\�oe (MOSER, BOLTON,
KALMICK—NO)
File #: 24-547 MEETING DATE: 8/6/2024
Subject:
Item Submitted by Council Members Kalmick, Bolton, and Moser - Financial Transparency -
Determine Total Cost of Pacific Airshow Settlement
Recommended Action:
Direct the City Manager to contract an independent third-party expert in financial auditing or
accounting (not firms that prepare reports for marketing entities) to review the settlement agreement
costs and value, City financials, and estimate the Airshow's net direct economic benefit to the City.
This expert should present their findings within 60 days at a public City Council meeting, providing
detailed assumptions, calculations, and source material for resident understanding.
Attachment(s):
1. Council Member Item - Financial Transparency Pacific Airshow Settlement
2. Airshow Settlement Agreement and General Release
3. Airshow Settlement Memo
City of Huntington Beach Page 1 of 1 Printed on 7/31/2024
powere19 LegistarTM
City Council/ ACTION AGENDA August 6,2024
Public Financing Authority
COUNCIL MEMBER ITEMS
30. 24-541 Item Submitted by Mayor Van Der Mark Approved - Request to
Prepare an Ordinance Declaring Huntington Beach to be a"Parents'
Right to Know" City
Recommended Action:
Direct the City Manager to work with the City Attorney to prepare an Ordinance for introduction
at the September 3, 2024 City Council Meeting declaring that Huntington Beach is a "Parents'
Right to Know"City, that no educator stands in the way of informing parents of their child's
gender identity or gender expression, and declaring that the City has an interest in challenging
the State on AB 1955 or joining a parent's challenge to the State on AB 1955..
Approved 4-3(Moser, Bolton, Kalmick-No)
31. 24-547 Item Submitted by Council Members Kalmick, Bolton, and Moser Approved
as Amended - Financial Transparency - Determine Total Cost of Pacific
Airshow Settlement
By a vote of 7-0, the City Council approved waiver of Attorney-Client privilege for
information/discussions presented by the City Attorney to City Council in the Closed
Sessions between 12/2022 to settlement date related to the Pacific Airshow Settlement.
Recommended Action:
Direct the City Manager to hire an independent economic firm to analyze Pacific Airshow
financials, different from the firm hired by VHB to publish similar data.
independent third party expert in financial auditing or accounting (not firms that prepare
reports for marketing entities) to review the settlement agreement costs and value, City
financials, and estimate the Airshow's net direct economic benefit to the City. This expert
Approved 4-3(Moser, Bolton, Kalmick-No)
At approximately 10:59 PM, the City Council voted and unanimously approved continuing
business after the hour of 11:00 PM.
32. 24-549 Item Submitted by Council Member McKeon Approved-Taxpayer
Transparency - Evaluation of City Tax-Sharing
Recommended Action:
Direct the City Manager and Finance Director to report back to Council at the September 17,
2024 City Council Meeting (or soon thereafter at the City Manager's discretion) with a
written report and oral presentation with the answer to all of the aforementioned questions.
Approved 7-0 as amended
ADJOURNMENT- 11:21 PM
Page 10of11
\NTinicr2;:. CITY OF
( Li\ HUNTINGTON BEACH
City Council Meeting - Council Member Items Report
To: City Council
From: Dan Kalmick, City Council Member
Rhonda Bolton, City Council Member
Natalie Moser, City Council Member
Date: August 6, 2024
Subject: Financial Transparency- Determine Total Cost of Pacific Airshow Settlement
After more than a year of litigation to make the Airshow Settlement Agreement public, on July
12, 2024, a judge ordered City Attorney Michael Gates to release the complete document. Since
its release, speculation has arisen about the potential cost to Huntington Beach taxpayers if the
agreement extends over the next 40 years, as it contemplates. In other words, what is the City's
maximum exposure?
This 40-year term, along with huge parking concessions, are among the glaring discrepancies
between the "executive summary"'that was released in May 2023 and the actual settlement
language. Even more troubling is that no actual cost analysis was performed (despite our
request) before the settlement was approved and signed by then Mayor Tony Strickland, Mayor
Pro Tem Van Der Mark and Council Members Burns and McKeon.
We have no precise estimate of the settlement agreement's cost to taxpayers. We only know
that the costs far exceed the payments, refunds, and concessions reflected in the City
Attorney's executive summary.
Taxpayers deserve financial transparency. And, an expectation of transparency should not be
misconstrued as a desire to "end" or"stop" the Airshow from taking place.
Additionally, accurate information about the event's economic impact is necessary to calculate
the true cost of the Airshow to taxpayers. Unsubstantiated figures have been cited, with past
estimates last year claiming $120 million in Airshow-generated revenue to the city. Now, a
recent City press release quoting Mayor Van Der Mark declares there is "over$100 million in
economic benefit that the Airshow brings to the region (emphasis added) every year."
Huntington Beach taxpayer dollars should not subsidize the region's businesses.
Why is the economic impact a moving target?The figures appear to be based on a marketing
report commissioned by Visit Huntington Beach (VisitHB) (at a time when Kevin Elliott, owner of
Pacific Airshow/Code Four, sat on its Board of Directors). The VisitHB-commissioned report's
calculations could not be verified to a reasonable degree of certainty (again, despite our
questions). Plus, VisitHB's report was provided in final form only AFTER the settlement
agreement was signed. In effect, no financial impact analysis was completed before the
settlement agreement was reached.
We reiterate our call for fiscal transparency. Huntington Beach taxpayers deserve a full
accounting of the settlement agreement's cost and its benefit to Pacific Airshow LLC.
793
2000 Main Street,Huntington Beach,CA 92648 I www.huntingtonbeachca.gov
The accounting should provide estimated and inflation-adjusted valuations, including but not
limited to:
• Four environmental review documents and consultants (current EIR only contemplates
ten years, but the settlement agreement allows for three more non-revocable 10-year
options)
• Total benefit of parking concessions and lost revenue to the City, including the 2023
Airshow
• Potential benefit of purchasing additional parking at $10 per space
o What's the value of a parking space in 2064?
• RV Parking concession value and lost revenue to the City
• Costs of public safety and other staff time
o What does mitigation of"third-party fees" (settlement agreement Section 2.b.v.)
mean? Does this mean overtime from our Huntington Beach Police Department
versus other police departments and Orange County Sheriffs Department?
• Waived permit fees, including 2021 and 2022 refunds
• Total cash payments made and estimated inflation costs on the last payment
• Potential value of the Pacific Airshow as a sellable/transferable asset, as created by the
settlement agreement
The accounting should include all calculations, "work product," and assumptions used to
produce these valuations so that Huntington Beach taxpayers can be aware of any unknowns.
Furthermore, there must be an independent, credible estimate of the Airshow's annual direct
revenue to the City.An outside entity should be able to provide upper and lower bounded
estimates based on hotel room availability (with the assumption that the hotels would not be
empty at the end of September), the fact that federal employees (i.e., military pilots and crews)
do not pay local taxes (e.g., hotel taxes) when operating in their official capacity, and some
semblance of the sales tax generated during the three days the Airshow operates.As with the
above request, the work product should include all assumptions and calculations used to
derive estimates. Both analyses should be made available for public scrutiny.
RECOMMENDED ACTION
Direct the City Manager to contract an independent third-party expert in financial auditing or
accounting (not firms that prepare reports for marketing entities) to review the settlement
agreement costs and value, City financials, and estimate the Airshow's net direct economic
benefit to the City. This expert should present their findings within 60 days at a public City
Council meeting, providing detailed assumptions, calculations, and source material for resident
understanding.
Attachments:
-Airshow Settlement Agreement and General Release
-Airshow Settlement Memo
794
2000 Main Street,Huntington Beach,CA 92648 I www.huntingtonbeachca.gov
SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and General Release (the "Agreement"), is entered into
effective May 9, 2023, by Plaintiff PACIFIC AIRSHOW LLC ("PA") and Defendant CITY OF
HUNTINGTON BEACH (the "CITY"). PA and the CITY are collectively referred to as the
"Parties."
RECITALS
WHEREAS, on or about October 1, 2021, an oil rig and connected pipelines located off
the coast of Long Beach, California had a breach, spilling oil into the Pacific Ocean ("Oil Spill");
WHEREAS, on or about October 21, 2022, PA filed a complaint against the CITY and
KIM CARR, an individual, in the civil action now pending in the Orange County Superior Court,
styled Pacific Airshow, LLC v. City of Huntington Beach, Case No. 30-2022-01287749-CU-BC-
C.IC (the"Action");
WHEREAS, PA alleged five causes of action against the CITY—(1) Breach of Contract;
(2) Intentional Interference with Contractual Relations; (3) Intentional Interference with
Prospective Economic Advantage; (4) Negligent Interference with Prospective Economic
Advantage; and (5) Violation of 42 U.S.C. §1983;
WHEREAS, the City, on its own behalf and on behalf of its agents, representatives,
employees, and assigns, has denied and continues to deny any wrongdoing and any liability in
connection with the allegations in the Action;
WHEREAS,the Parties now desire to settle any and all claims related to and arising from
the Action and enter into this Agreement;
WHEREAS,KIM CARR is not a party to this settlement or Agreement;
WHEREAS, the Parties freely and knowingly, and after due consultation with their
respective counsel, enter into this Agreement intending to waive, settle, and release all claims they
have or may have against each other,except as provided herein;
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter
set forth, which incorporate by this reference the Recitals set forth above, the Parties agree as
follows:
SETTLEMENT TERMS
The Parties, and each of them, represent and warrant that they have full authority to enter
into this Agreement pursuant to the following terms:
1. Payment for Settlement. In exchange for the promises, release, and consideration
herein:
a. The CITY shall pay PA Four Million Nine Hundred Ninety-Nine Thousand
Page 1 of 9 I Settlement Agreement and General Release
795
Dollars($4,999,000.00)plus inflation interest("Settlement Funds"),as follows:
i. $1,999,000.00 due on or before July 31,2023;
ii. $500,000.00 due by January 30, 2024;
iii. $500,000.00 due by January 30,2025;
iv. $500,000.00 due by January 30,2026;
v. $500,000.00 due by January 30,2027;
vi. $500,000.00 due by January 30, 2028; and,
vii. $500,000.00 plus inflation interest due by January 30, 2029. At the
CITY's option, the CITY may pre-pay this payment by January 30,
2028, in order for the CITY to avoid the inflation interest. Inflation
interest shall be calculated on Jan. 30, 2029 using the "CPI Inflation
Calculator" available on the U.S. Bureau of Labor Statistics website
(httos://www.bls.gov/data/inflation calculator.htm): "$500,000.00 in
March 2023 has the same buying power as $X in Jan. 30, 2029 [or
closest date possible]". Inflation interest due under this Agreement shall
be the difference between $X and $500,000.00, if$X is greater than
$500,000.00. If$X is less than$500,000.00,inflation interest due under
this Agreement shall be 0. In the event the CPI Inflation Calculator is
not available on the U.S. Bureau of Labor Statistics website, inflation
interest shall accrue and compound annually from March 14, 2023 to
January 30,2029,based on the percent change in Consumer Price Index
for each year. Notwithstanding anything herein, inflation interest shall
not ever be negative under this Agreement—i.e.the minimum payment
due under this 7th installment of the Settlement Funds shall not be less
than $500,000.00
b. The CITY shall pay the Settlement Funds via wire transfer to a bank account
designated by PA;
c. The CITY shall forever waive and discharge the Specific Events Invoice in the
amount of $194,945.35 related to the 2021 airshow and associated events
conducted by PA in the CITY ("2021 Specific Events Invoice"). By this
Agreement, there shall be no liability, claim, debt, or obligation against PA
related to or arising out of the 2021 Specific Events Invoice, and the CITY
forever and fully releases, waives, and settles any and all claims, losses,
damages, expenses,or fees,of whatever nature,known or unknown,relating to
or arising out of the 2021 Specific Events Invoice;
d. The CITY shall refund the fees paid by PA towards the 2022 Specific Events
Invoice.The refund shall be provided to PA in the form of a credit in the amount
of $149,200.00, which may be applied toward any future Specific Events
Page 2 of 9 I Settlement Agreement and General Release
796
Invoice(s) for the benefit of PA or PA's affiliates and/or designees, as elected
by PA in PA's sole discretion.
e. As with past Air Show Special Events Permits, for the 2023 Air Show Event,
the CITY shall waive parking space fees for PA for up to 600 "CITY Parking
Spaces" (as defined herein) for usage during the time to prepare/load-in/set up
the Air Show, the Air Show performance/event dates, and takedown/load-out;
and, PA shall receive from the CITY the parking offset consistent with what
PA has received in the past for previous Special Events Permits, in an amount
not less than$110,000.
2. Future Air Show Events. In exchange for the promises and consideration herein,
the CITY shall provide the following benefits to PA for any and all future airshow events(inclusive
of any embedded multi-day musical festival) (hereinafter air show and embedded music festival,
if any,together as"Air Show Event")that PA may conduct in the CITY in 2024 and thereafter:
a. The CITY has already taken action to commence the process of environmental
review, pursuant to California Environmental Quality Act ("CEQA"), for any
annual Air Show Event(s) conducted by PA. The CITY will complete this
environmental review as soon as practical for future Air Show Events, at its
•
expense.
b. If PA desires to conduct future Air Show Event(s) (after 2023), PA and CITY
will enter into a separate Air Show Event Agreement after the aforementioned
environmental review pursuant to CEQA is complete. That Air Show Event
Agreement for future Air Show Events will be based on,and supported by, the
completed aforementioned CEQA environmental review, and consistent with
the terms of this Agreement. The future Air Show Event Agreement will
expressly provide the benefits conferred to PA by the CITY under this
Agreement, including Sections 2.b.i.through 2.b.viii.
i. PA shall be granted the right and ability to conduct at least 1 Air Show
Event per year, on dates selected by PA. PA shall have the exclusive
right to conduct and operate the Air Show Event in the CITY. After the
completion of the environmental review referenced in Section 2.a.
above, PA shall have the exclusive right and ability to conduct annual
Air Show Events in the CITY for 10 years starting from 2024, with
options to renew this 10 year term up to 3 times,for 3 additional 10 year
terms. This option to renew may be exercised by PA, at PA's sole
discretion, as early as anytime during the 7th year of any 10 year term.
ii. The CITY shall grant PA the exclusive use of and right to monetize up
to 3,500 CITY Parking Spaces ("CITY Parking Spaces" is defined as
those public parking spaces located at the Pier Plaza & amphitheater
parking(Sixth St.)parking lots, CITY beach parking lots, and Main St.
parking garage, which are available for public use and not already
encumbered or reserved by a law enforcement agency (to provide law
Page 3 of 9 I Settlement Agreement and Genera!Release
797
enforcement for the Air Show Event)or a business or organization lease
as of the date of this Agreement, such as the valet spaces reserved and
leased by Duke's Restaurant), at no cost to PA, during the dates of the
Air Show Event(s).For clarification purposes,during the dates of event,
the 3,500 CITY Parking Spaces includes any CITY Parking Spaces PA
uses for operational needs. Additionally, PA shall have the exclusive
use of up to 600 CITY Parking Spaces, at no cost to PA, for 14 days
prior to dates of event for load-in, and 12 days following dates of event
for load-out as required by PA's operational needs related to the airshow
event(inclusive of any embedded multi-day musical festival). PA shall
have discretion over where the operational parking is to be allocated and
be granted the exclusive right to operate the Huntington Street entrance
to the beach parking lots as required by their operational needs. Should
PA require additional parking above and beyond this allocation, the
price shall be set at $10.00 per CITY Parking Space per day. During
PA's use of CITY Parking Spaces pursuant to this Agreement,the CITY
shall staff the parking lots with personnel and kiosk attendants at
CITY's expense.
iii. The CITY shall grant PA the exclusive use of, control of, and right to
monetize any RV camping in/of the CITY Parking Spaces at no cost to
PA, during the dates of the Air Show Event(s). Additionally, PA shall
have the exclusive use of up to 15 RV camping spaces for 14 days prior
to the dates of event for load-in and 12 days following dates of event for
load-out, as required by PA's operational needs. The CITY shall work
with PA to ensure that public camping reservations do not interfere with
PA's use and operational needs of the RV camping lot.
iv. The CITY shall waive all CITY fees and costs(including but not limited
to all public safety fees [marine safety, police, fire, etc.], application
fees, permit fees, beach maintenance fees, setup & take-down fees,
banner placement fees, public works, electrician/electrical, and
restroom maintenance/cleaning fees, road and street closure fees, etc.)
for PA for any such fees and costs incurred in connection with the Air
Show Event(s).
v. The CITY shall assist PA in mitigating all 3'd party fees related to public
safety and permits(including OC Sheriff's Department fees, State Park
fees, permit fees, etc.), and 3rd party public works, restroom,
refuse/trash,and road closure fees, by providing as much of the services
as possible from the CITY's resources and trade relationships to
diminish the need for 3`d party services.
vi. Any Air Show Event shall not be revoked,modified,or cancelled by the
CITY for any reason,except by the written determination by the CITY's
Unified Command (comprised of, among other possible agencies,
Huntington Beach Police Department, Huntington Beach Fire
Page 4 of 91 Settlement Agreement and General Release
798
Department, Huntington Beach Marine Safety, City Attorney, FBI,
FAA, Coast Guard, and other agencies that may comprise the Unified
Command) of a justifiable health and/or safety crisis,provided that PA
is notified and consulted prior to any such determination by the CITY's
Unified Command, PA participates in the determination by the CITY's
Unified Command, and any revocation, modification, or cancellation is
coordinated with PA.
vii. The CITY shall enact/adopt any necessary rules, policies and
procedures to effectuate the terms and spirit of this Agreement,
specifically including this Section 2.
viii. The benefits under this Section 2 shall be granted to and inure to PA,
and any affiliate, assignee, transferee, subsidiary or parent of PA, as
designated by PA and approved by the CITY ("PA's Designee"). PA
shall have the right to assign or transfer the rights and interest under this
Section 2 to a party of PA's designation,i.e., PA's Designee,who must
be approved by the CITY. Such approval by the CITY shall not be
withheld,unless five or more of seven members of the City Council vote
to withhold approval. In the event PA notifies CITY in writing with the
name of PA's proposed designee, and the CITY does not respond to
such designation in writing within 30 days of the notification, PA's
proposed designee shall be deemed approved by the CITY. Notification
to CITY by PA shall be in writing to the City Attorney, the City
Manager, and each of the members of the City Council.
3. Claims against Amplify Energy Corporation. In the event the CITY pursues any
claims or suits related to the Oil Spill against any third party,including without limitation,Amplify
Energy Corporation or any shipping company("Oil Spill Action"):
a. The CITY shall pay to PA up to a total of$2,000,000 of the CITY's net recovery
after attorneys' fees and costs in the Oil Spill Action that are attributable to
damages PA sustained.
b. Nothing in this Agreement shall affect, modify, limit or restrict PA's standing
or right to pursue claims related to the Oil Spill against any third party,
including,but not limited to,Amplify Energy Corporation,shipping companies,
or other potential tortfeasors. PA expressly reserves all rights and interests in
claims against any third parties related to the Oil Spill, including without
limitation, claims for economic and/or noneconomic damages, and for loss of
goodwill and reputation.
c. Nothing in this Agreement shall affect, modify, limit or restrict the CITY's
standing or right to pursue claims related to the Oil Spill against any third party,
including, but not limited to contribution, apportionment, indemnity or other
payments of amounts paid under this agreement from Amplify Energy
Corporation, shipping companies, or other potential tortfeasors. The CITY
Page 5 of 9 I Settlement Agreement and General Release
799
expressly reserve all rights and interests in claims against any third parties
related to the Oil Spill.
4. Dismissal with Prejudice. Within 3 calendar days of PA's receipt of the first
payment of$1,999,000 listed under Section 1(a)(i) above, PA shall file with the Orange County
Superior Court a Request for Dismissal with Prejudice of the Action as to the CITY.
5. Mutual Release of Claims by the Parties. Except for the obligations set forth in
this Agreement, the Parties, and each of them, for themselves and their agents, representatives,
parent corporations, shareholders, owners, subsidiaries, affiliated businesses, officers, directors,
employees, council members,heirs or assigns,past,present,or future,will and hereby do, forever
release and discharge the other Party, and their agents, representatives, parent corporations,
shareholders, owners, subsidiaries, affiliated businesses, insurers, officers, directors, employees,
attorneys, heirs or assigns, past, present, or future, from any and all causes of action,judgment,
liens, indebtedness, damages, losses, claims, liability, and demands of every kind and character
that were or could have been raised in the Action or with the 2021 Specific Events Invoice. KIM
CARR is not a released party under this Agreement.
6. Waiver of California Civil Code § 1542. To effectuate a full and complete general
release as described above, the Parties expressly waive and relinquish all rights and benefits of§
1542 of the Civil Code of the State of California and do so understanding and acknowledging the
significance and consequence of specifically waiving § 1542. Section 1542 of the Civil Code of
the State of California states as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.
7. Continuing Jurisdiction. The Parties shall request that the court retain jurisdiction
under California Code of Civil Procedure § 664.6 to enforce the terms of this Agreement.
8. Confidentiality. The Parties agree that neither they, their attorneys, agents, or
employees shall disclose to any person, directly or indirectly,the terms of this Agreement except
as required by State law, and as follows:
a. Each of the Parties may disclose to third parties the fact that any disputes
between the Parties have been satisfactorily resolved;
b. Each of the Parties may disclose information to any accountant or tax advisor
to the extent reasonably necessary for the purpose of tax planning and preparation of any
tax returns;
e. Each of the Parties may respond to any subpoena, court order, or other lawful
process compelling disclosure of this Agreement or its terms,provided that prior notice of
Page 6 of 9 I Settlement Agreement and General Release
800
any subpoena,court order,or lawful process served on any one of the Parties shall be given
to the other Parties to enable such Parties at their sole discretion to take any legal action
they deem appropriate.
9. No Admission of Liability. The Parties are entering into this Agreement to
compromise disputed claims and to avoid the expense, stress, and uncertainty of continued
litigation, and their entry into this Agreement shall not be construed as an admission or finding of
liability on the part of any party, which liability is expressly denied.
10. Waiver of Costs. Each of the Parties shall bear his or its own costs and attorneys'
fees, if any,and each of the Parties hereby waives their rights, if any,to recover such costs or fees
from the other Parties.
11. General Provisions.
a. Severability. Should any of the provisions of this Agreement be declared or be
determined by any court to be illegal or invalid, the validity of the remaining parts,terms
or provisions shall not be affected thereby and said illegal or invalid part,term or provision
shall be deemed not to be a part of this Agreement.
b. Headings. The paragraph headings used in this Agreement are intended solely
for convenience of reference and shall not in any manner amplify, limit, modify or
otherwise be used in the interpretation of any of the provisions hereof.
c. Representation by Counsel. The Parties acknowledge and agree that all Parties
have been represented by counsel,or had the opportunity to be represented by counsel,and
have participated in the drafting of this Agreement.
d. Successors. This Agreement shall be binding upon the Parties and upon the
Parties' heirs, administrators,representatives,executors,successors,and assigns,and shall
inure to the benefit of the other Parties and to their respective heirs, administrators,
representatives,executors, successors,and assigns in accordance with Section 2.i. herein.
e. Counterpart and Facsimile. This Agreement may be signed in separate
counterparts, with each counterpart having the full force and effect of an original.. Any
signature to this Agreement shall be deemed an original signature even if the signature is
transmitted by facsimile or a pdf. Further,California,Civil Code §§ 1633.1-1633.17 shall
apply.
f. Affirmation Regarding Claims. Each of the Parties represents and warrants that
they are the current owner of any and all claims that they are releasing and that no prior
assignment of any such claims has taken place.
g. Amendment. This Agreement may not be modified,altered,or changed except
upon express written consent of all Parties wherein specific reference is made to this
Agreement.
Page 7 of 9 I Settlement Agreement and General Release
801
h. Joint Drafting. This Agreement shall be deemed to have been prepared jointly
and shall not be strictly construed against any party.
i. Voluntary Execution. Each of the Parties has executed this Agreement
voluntarily, after consultation with their respective counsel, with full knowledge of its
significance, and with the express intention of it having effect. Each of the Parties has
made such investigation of the facts,as each deemed necessary.
j. Acknowledgment of Authority. Each person signing this Agreement on behalf
of any of the Parties which is an entity, corporation or a limited liability company,
represents and warrants that they have the full authority and permission to execute and
deliver this document on behalf of the entity for which they are signing, and to bind that
entity and that entity's successors and assigns,
k. Governing Law. This Agreement shall be governed by, and construed in
accordance with,the laws of the State of California without regard to conflict of laws. Any
action or proceeding arising from this Agreement shall be brought and maintained only in
a court located in Orange County, California and the Parties agree to,submit to, and agree
not to challenge,the jurisdiction of any such court.
1. Good Faith. All Parties hereby expressly covenant to deal with each other in
good faith regarding all actions, decisions and conduct relating to this Agreement.
THE UNDERSIGNED HAVE READ THE FOREGOING,FULLY UNDERSTAND,AND
AGREE AS SET FORTH HEREIN.
PLAINTIFF wide
DATED: May 8 , 2023
A IFIC A S OW LLC
Kevin Elliott
CEO
APPROVED AS TO FORM FOR PLAINTIFF
DATED: May 8 , 2023
ATTORNEY FOR PLAINTIFF
PACIFIC AIRSHOW LLC
Suoo Lee
Page 8 of 91 Settlement Agreement and General Release
802
FOR AND ON BEHALF OF ALL DEFENDANTS
DATED: May & , 2023 ! "2--
MAYOR.
CITY OF HUNTINGTON BEACH
Tony Strickland
DATED: May , 2023
CITY CLERK
CITY OF HUNTINGTON BEACH
Robin Estanislau
THE UNDERSIGNED REPRESENTS THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
HAS DULY AUTHORIZED THIS SETTLEMENT WITH PACIFIC AIRSHOW LLC,THAT THE MAYOR AND
CITY CLERK OF THE CITY OF HUNTINGTON BEACH ARE AUTHORIZED TO EXECU 1'h THE
AGREEMENT ON BEHALF OF THE CITY PER CITY CHARFER SE •N 613, • 0 ' "r• THIS
AGREEMENT WILL BE ADMINISTERED CONSISTENT WITH CH•"TE•:
DATED: Mayt 2023 ►.
CIT NAGE. '�
CITY OF ' U TING ON BEACH
Al Zelinka
"rtC
1V,"
APPROVED AS TO FORM FOR CITY OF HUNTINGTON BEACH `'
DATED: May ,2023
C ATTORNEY
ITY OF HUNTINGTON BEACH
Michael E. Gates
Page 9 of9 I Settlement Agreement and General Release
803
FOR AND ON BEHALF OF ALL DEFENDANTS
DATED: May , 2023
I\Lc2oR
CITY OF HUNTINGTON BEACH
Tony Strickland
DATED: ATTEST: 4f4a6,/
May � , 2023
CITY CLERK
CITY OF HUNTINGTON BEACH
Robin Estanislau
THE UNDERSIGNED REPRESENTS THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
HAS DULY AUTHORIZED THIS SETTLEMENT WITH PACIFIC AIRSHOW LLC,THAT THE MAYOR AND
CITY CLERK OF THE CITY OF HUNTINGTON BEACH ARE AUTHORIZED TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY PER CITY CHARTER SECTION 613,AND THAT THIS
AGREEMENT WILL BE ADMINISTERED CONSISTENT WITH CITY CHARTER.
DATED: May , 2023
CITY MANAGER
CITY OF HUNTINGTON BEACH
Al Zelinka
APPROVED AS TO FORM FOR CITY OF HUNTINGTON BEACH
DATED: May , 2023
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
Michael E. Gates
Page 9 of 9 I Settlement Agreement and General Release
804
• itt CITY OF HUNTINGTON BEACH
OFFICE OF THE CITY ATTORNEY
Terms of Settlement of Pacific AirShow LLC Lawsuit
On May 9, 2023, the City and Pacific Airshow LLC entered into a Settlement Agreement, which
includes the following terms:
City' Consideration for Settlement:
1. The CITY will pay PA $4,999,000.00 as follows:
a. $1,999,000.00 due on or before July 31, 2023;
b. $500,000.00 due by January 30, 2024;
c. $500,000.00 due by January 30, 2025;
d. $500,000.00 due by January 30, 2026;
e. $500,000.00 due by January 30, 2027;
f. $500,000.00 due by January 30, 2028; and,
g. $500,000.00 plus inflation interest due by January 30, 2029. At the CITY's
option,the CITY may pre-pay this payment by January 30, 2028, in order for the
CITY to avoid the inflation interest.
2. The CITY will discharge $194,945.35 PA owes related to the 2021 Air Show.
3. The CITY will refund the $149,200.00 in fees paid by PA towards the 2022 Specific
Events Invoice, in the form of a credit.
4. As with past Air Shows, for the 2023 Air Show Event, the CITY shall waive parking
space fees for PA for up to 600 CITY parking lot spaces for usage during the time to
prepare/load-in/set up the Air Show and takedown/load-out; and, PA will receive a parking offset
consistent with what PA has received in the past for previous Special Events Permits in an
amount not less than$110,000.
5. The CITY will pay to PA up to $2,000,000 of the CITY's recovery after attorneys' fees
and costs in any of the CITY's own Oil Spill lawsuit that are attributable to the damages PA
sustained.
PA will dismiss the CITY from its lawsuit, with prejudice,upon receipt of payment of the
$1,999,000 by the CITY by end of July of this year.
308795
805
From: pikes.Cathy
To: A endq a Alerts
Subject: Pacific Airshow HB future events
Date: Thursday,August 1,2024 11:48:51 AM
-----Original Message----
From:Michelle Larsson<misunsetca@hotmail.com>
Sent:Wednesday,July 31,2024 6:53 PM
To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org>
Subject:Pacific Airshow HB future events
Dear Council Members, I applaud the agreement between the City of HB&the operators of the Pacific Airshow. I
agree that this spectacular event should be celebrated for the next 40 years In our family oriented beach setting!To
those who seem to oppose this,please resign from our City Council&move to LA or somewhere other than this
beautiful town in which most residents support this great city.
Thank you,
City resident for almost 50 years,
Homeowner
VOTER
SUPPLEMENTAL.
COMMUNICATION
8/6/2024
Meeting Date:
31 (24-547)
Agenda Item No.
From: Carol Data
To: sunnlementalcommCalsurfcity-hb.om:CITY COUNCIL(INCL.CMO STAFF)
Subject: In Favor of#31(24-547)and In Opposition of#30(24-541)
Date: Thursday,August 1,2024 1:24:30 PM •
Dear Council Members,
As a longtime resident and taxpayer of Huntington Beach, I continue to wait for the
transparency that you four majority council members campaigned on. After being elected,
Mayor Gracey Van Der Mark told the OC Register that she was excited about being part of a
team that is "engaged and transparent with a 100%accessibility." This was a false campaign
promise because since taking office,you four have been completely non-transparent about
policies. The Pacific Airshow settlement is the most egregious example of your secretive style
of government. That's why I applaud the 3 minority members who propose an objective,third-
party audit to review the settlement costs and value, as well as provide a metric-driven report
that succinctly reveals the net direct economic benefit to the City. I enjoy the airshow,but not
when sketchy deals with the operator are kept hidden from the people: If everything was
conducted ethically and legally,the majority council members and our city attorney should
welcome this proposal. YES on 24-547: Determine Total Cost of Pacific Airshow
Settlement!
And while I'm on the subject of transparency(since this also seems to be a theme in another
agenda item),please provide the public with information on:
1) The status of the City Manager/Police Chief dual position. Is the City Council actively
recruiting for a new city manager?If not, is this permanent?How is the compensation
handled?
2)When will the library Parent/Guardian Review Board be announced?Members have
applied and are waiting for an announcement.
3)When will the new library cards be released? (It was announced that they would be
released last March????)
(If the library required an overhaul--which the majority believed was needed last summer to
remove what they deemed was pornographic material--why have they done absolutely nothing
about it?)
I am strongly opposed to#24-541,just another culture war antic on the part of the council
majority. Enforcing this type of action on teachers in the state of California is unlawful. Teens
and children have rights too. Only a handful of states, such as Idaho and Alabama,have
passed legislation that resembles Gracey's politically-charged and hateful policy. Since this
could never be enacted in HB, it's 100%performative and would only result in costly lawsuits
if it moved forward. What's next?Attacking HB women over their reproductive rights?Please
stop the culture war nonsense! You may get on Fox News by announcing these wedge issues,
but you're not helping residents. You're only creating a more polarized community. No on 24-
541!
Thank you,
Carol Daus
Huntington Beach resident
From: Lstanislau.Robin
To: Moore.Tanis
Subject: FW:Supplemental communication for City Council Meeting
Date: Friday,August 2,2024 1:12:05 PM
From: pacj<pacj_03@yahoo.com>
Sent: Friday,August 2, 2024 1:04 PM
To: Estanislau, Robin<Robin.Estanislau@surfcity-hb.org>; CITY COUNCIL(INCL. CM0 STAFF)
<city.council@surfcity-hb.org>
Subject:Supplemental communication for City Council Meeting
Robin,
Can you please forward this to the appropriate party? Thank you.
Council members:
There are two items on the agenda regarding transparency. One is on the air show settlement and one is
on City Tax Sharing.
I suggest not moving forward with either study.
The State Auditor is conducting a study on the air show settlement. Staff should be prepping for that
effort.
I do believe in transparency and financial responsibility and request that the entirety of the council
comment on the recruitment of a City Manager. The CM in essence is our City's CEO. It's a critical post.
Our former CM left in November 2023. When I wrote to the council and asked about the recruitment
process I was told by a staff member there was none and that"we are exploring our options." When I
asked about the options there was no response. We currently have the Chief of Police acting as Interim
CM. Is the council planning on keeping our chief as interim cm indefinitely? Are you recruiting for a new
Chief of Police?
Lastly, I am confused by the City's official facebook Government Page. There are important updates
regarding vector control, city employee awards and community events. There are also commentaries
which appear political in nature. I was advised that historically the Govt Page is the Mayor's page and that
past mayors have used it to deliver their opinions some of which were political in nature. In the spirit of
One HB, perhaps it would be better to keep the neutral Government page and add an additional page for
the HB Mayor.
Thank you,
Pat Quintana
From: Michele Burae
To: suoolementalcomm(alsurfcity-hb.ora:CITY COUNCIL(INCL.CMO STA
Subject: August 6,2024 City Council Meeting,Agenda Item 31,File 24-547
Date: Friday,August 2,2024 3:34:39 PM
Little did unsuspecting Huntington Beach residents know they'd be
participating, after the 2022 election, in a new game show produced by
and starring some unsavory actors — "Let's Make a Very Bad Deal."
Behind door number one, a ban on "pornographic and obscene" books in
the children's and teen sections of the library. Behind door number two, a
back-door plan to outsource management of the public library to a for-
profit company. Behind door number three, a secret multi-million-dollar
settlement with Pacific Airshow to give away a multitude of benefits, paid
by for taxpayers, for up to 40 years. There are many other slightly less
deplorable "prizes" as well.
City Attorney Gates and the MAGA conservative majority are the
headliners in this show. Instead of doing what's best for all our citizens,
Van Der Mark, Burns, Strickland, and McKeon have sidelined the minority,
voting as a block to pass controversial agenda items and resolutions on
votes of 4-3 or 4-0-3. Conversely, agenda items proposed by the minority
always fail 3-4.
The continual gaslighting is astounding. When Mayor Gracey announced
that the details of the secret settlement with Pacific Airshow were
released, she failed to mention it's only because Gina Clayton-Tarvin sued
and prevailed under the California Public Records Act. Gracey also touted a
highly questionable, unverifiable annual $100 million financial benefit to
Huntington Beach and surrounding cities, due to the 3-day air show, as
one of the reasons this costly settlement was such a great idea.
The deal stinks to high heaven. Locking us in for up to 40 years, giving
away the farm (thousands of parking spaces, fee waivers, environmental
impact reports, no charge for public safety employees), settling for breach
of contract when there was no contract, $5 million for one canceled day
without any accounting of actual expenses, the list goes on and on. Gates
continually boasts that he's a fighter, so why did he roll over and play
dead for his friend Kevin Elliott? At taxpayer expense. Not to mention
constantly ignoring letters from the California Coastal Commission and
State Lands Commission regarding limiting access to and monetizing
public lands and violating the terms of the lease. The cozy relationship
between the MAGA majority, Gates, and Elliott is highly suspicious and
needs to be investigated. Pacific Airshow is already selling tickets for this
year; have they even pulled a permit yet? And is the City fully insured
against liability due to the Airshow?
When Kalmick, Moser, and Bolton issued a statement regarding the
abhorrent settlement details, Mayor Gracey posted (unethically) on the
city's official Facebook page to accuse them of political gamesmanship,
casting aspersions on the integrity of the City Council, and using the
settlement as a means of campaigning for reelection. Is this the same
Gracey who, at a recent meeting, sternly lectured us on polarization in the
community and called for cohesion? Posting this political blather on the
city's official page resulted in hundreds of rancorous comments from
supporters and dissenters, a really bad look for our official page. Does the
public really need to be involved in this? It's like watching your parents
fight — very uncomfortable.
City Attorney Michael Gates posted on his personal Facebook page a while
back: "As I learned a long time ago, politics is a game of timing and
patience. A day of reckoning is coming and things in Huntington Beach will
be made right again, again. People can jump up and down all they want
about lawsuit wins and losses. While certain folks are currently gushing
about the small wins in the short-term, they are focused (read: distracted)
on the wrong things and sounding foolish. I remain focused on the long
game. Patience. Trust. Keep the faith. The day will come."
I myself hope the day of reckoning will come sooner, rather than later,
when California's attorney general, the state auditor, FPPC, FBI, ACLU,
California Bar Association, Pro Publica, and other investigative journalists
shine a light on the corruption, and those who have damaged our city
begin paying for what they've done. It's well past time for this atrocious
game show to be canceled and the bad actors fired, fined, disbarred,
and/or incarcerated.
In the meantime, I wholeheartedly support the agenda item submitted by
City Council members Kalmick, Moser, and Bolton demanding full financial
transparency regarding the Pacific Airshow settlement. Huntington Beach
taxpayers have the right to know"!I
Michele Burgess
Huntington Beach since 1961
From: Judy Brusslan
To: igoolementalcommCalsurfcity-hb.orq
Subject: 24-547 Support Financial Transparency
Date: Friday,August 2,2024 5:16:29 PM
Attachments: Outlook-4c33wlii.nnq
Outlook-wlivrtu0.onq
Dear City Council,
I urge approval of 24-547 asking for an independent assessment of the costs and values .
of the Pacific Airshow.The taxpayers of Huntington Beach need an accurate evaluation
of the net direct economic benefits of the airshow to determine whether the current
agreement is a fair and appropriate use of our taxes.
Thank you.
Huntington Beach resident,
Judy Brusslan
Dr. Judy Brusslan
Professor of Biological Sciences
Bridges to the Doctorate PI
Faculty Formative Feedback Project
Presidents Award for Outstanding Faculty Achievement(2024)
California State University,Long Beach
i!
WELLNESS
r a S
N f
AMBASSADOR E
1
Ps
_
th
PACULtirVORSATIVE
littniciACIK PROJECT
SUPPLEMENTAL .•
COMMUNICATION
8/6/2024
Meeting Date:
31 (24-547)
Agenda Item No.
From: 5tarsStrioel
To: CITY COUNCIL(INCL.CMO STAFF1
Cc: gunolementalcomm(a surfcity-hb.orq
Subject: Re:8-6-24 City Council Meeting
Date: Saturday,August 3,2024 9:33:19 PM
File 24-547, Agenda Item 31
I do not support this agenda Item.
This is just another attempt of the Newsom 3som trying to induce radical lefty views on our
city. Instead of trying to tear the city down, I wish they would try and be productive to make it
a better city.
I love the Pacific Airshow in Huntington Beach. I have been going every year and will continue
to go as long as the show is here.
Robert Cloyd
Huntington Beach Resident
•
From: LC
To: CITY COUNCIL(INCL.CMO STAFF
Cc: aupolementalcommCalsurfcity-hb.orq
Subject Re:8-6-24 Gty Council Meeting,6pm
Date: Saturday,August 3,2024 9:41:00 PM
File 24-547,Agenda Item 31
I DO NOT SUPPORT THIS
I happen to love our city and our Pacific Airshow.
I wish the Newsom Threesom would stop trying to rip our city apart and bring it down.
Getting real tired of their handful of HATERS at the City Council meetings too.
Jean Cloyd
resident of huntington beach
From: Fkes,Cathy
To: Aaenda Alerts
Subject: FW:Council Mtg.of 8/6/2024
•
Date: Monday,August 5,2024 11:36:33 AM
From:gelliottl@socal.rr.com <gelliottl@socal.rr.com>
Sent: Monday,August 5, 2024 10:34 AM
To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject: Council Mtg. of 8/6/2024
Re Agenda Items 31, 32, and 30
I support exposing monkey business(Item#31), question "giving the business"to an already
overworked staff(Item#32), and bemoan yet another example of someone who should mind
her own business (Item#30).
Cheryl Elliott(Resident of 44 years)
From: Linda Law
To: suonlementalcomm(asurfdty-hb.orq
Subject No on interfering with School Board matters
Date: Monday,August 5,2024 1:25:27 PM
Dear HB City Council members,
My name is Linda Law and my husband and I are 23 year residents of Huntington Beach. I am
writing to express my concern about the city getting involved in matters that are beyond its
jurisdiction and that will get the city further involved in expensive lawsuits. Why is the city
getting involved in School Board matters when they could be concentrating on improving our
parks,beaches, streets,zoning and infrastructure?If the city is trying to distract citizens from
the terrible settlement with Code 4,it is too late for that. That settlement was a shameful give
away of public funds. Please stop trying to force your strange cultural ideas on the rest of us
and get back to governing the city. Thank you for your time.
From: H Mevers
To: suoolementalcomm4surfcity-hb.on1 CITY COUNCIL(INCL.CMO SfAFF1
Subject: City Council meeting 8/6/2024,Agenda items 30 and 31
Date: Monday,August 5,2024 4:12:07 PM
I am a long-time resident of Huntington Beach.
I urge you to vote against the 8/6/2024 City Council meeting agenda item#30,"Parents'Right to Know"City
declaration and interest in challenging AB 1955.This is another in a long list of items the City Council's
conservative members have proposed to weaponize social issues for what they clearly believe is a political benefit.It
is certainly not in the interest of children who may be struggling with their identity and fear the consequences of
informing their parents.It also establishes the intent to embark on yet another wasteful lawsuit.
Please vote yes on agenda item#31,Financial Transparency-Determine Cost of Pacific Airshow Settlement.The
fact that the City Attorney and City Council went ahead with the settlement without even knowing its potential cost
is a flagrant misuse of authority.Citizens deserve to know what their(misguided at best)government has committed
to.
Thank you,
Hildy Meyers
From: Janet Mich
To: CITY COUNCIL(INCL.CMO STAFFI;5uoolementalcommlalsurfcity-hb.orq
Subject Agenda items
Date: Monday,August 5,2024 8:19:33 PM
City Council,
It is again with profound disappointment that I feel required to submit a letter on several of
tomorrow night's agenda items. Please accept the following comments from an interested,
engaged and deeply concerned citizen.
Item 24-541: It appears that several of you continue to seek out issues that are unrelated to
your authority as City Council Members or the governance of our city. Just how many
"statements" of support or opposition will be enough? This does not accomplish anything
productive, and despite the statements by the Mayor from the dais and on the city website
stating her desire to bring unity and reduce divisiveness, this item has no purpose other
than....wait for it...continue to fracture our city and foster divisiveness. Please focus on your
job,which, as a reminder, is pasted below from the City's website. Mayor,you can do better
than this. Your item in no way meets the basic criteria for your position.
The City Council establishes policies and priorities for the provision of
effective and efficient municipal services. The City Council is the city's
legislative authority and sets the policies under which the 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 provide service to the city's residents, businesses, and visitors.
Item 24-549 (with a nod to 24-547)
On the face of it, Councilmember McKeon's item is one I wholly support, and have done so
within the scope of my role on the Finance Commission. In fact for over 6 months,we have
discussed Meadowlark over and over and over again since January 2024 with several members
of our commission seemingly having no objective other than to identify some sort of"gotcha"
to reveal seemingly nefarious activities on behalf of city staff. In fact, in order to get off the
merry-go-round of the same topic discussion for 6 months,I proposed a task force to do a
better job with the partnership which will commence in 2025. In my opinion, to require the
city to do a full analysis of foregone rent(of which Meadowlark was a key target) during a
(hopefully) once in a lifetime pandemic seems to have no beneficial purpose. Transparency is
all well and good, if it has a role in improving the future of the city.
Mr. Mckeon lists several items,but the one he does not list is the release of the recent
airshow settlement,which has gotten the most attention from within the city, from all political
persuasions and also caught the attention of legislators and state administrators. However,Mr.
McKeon lists a general#5 for other topics, and I for one,would appreciate him adding the full
cost analysis of this settlement. Even people who can do basic math come up with very big
numbers in terms of scale, lack of city control, and real costs to the city in terms of giving
away the city's few direct revenue opportunities AND the city paying for most of the major
labor costs for the air show itself. I would recommend Mr. McKeon publicly supports item
24-547 as consistent with his own item. Further. I would suggest amending to add some
language that would describe specifically what would be gained by each analysis being
requested...something several council members should also do and their designates on
commissions should learn as well.
Thank you,
Janet Michels
Janet Michels
714.448.3095
From: Rev cmcone
To: CITY COUNCIL(INCL.CMO STAFFl;gygolementalcomm(5 surtcity-hb.orq
Subject City coundl meeting 8/6/24
Date: Monday,August 5,2024 8:34:12 PM
I am a city resident and have lived here since 1996.
I strongly urge you to vote against item 24-451 which calls for an ordinance to make Huntington Beach a"Parents
Right to Know"City. I believe this is a very dangerous item which will force teachers to"out"those students who
have chosen to keep information regarding their desire to change their name or use of pronouns while they are in
school to their parents. I agree that parents should be involved with their children's sense of self,but forcing
students to come out to their parents when these students have concerns about the parental response to them is
inappropriate. One would hope that if there is a good relationship between the student and their parent,the parent
would know,intuitively,that their child is struggling with identity issues. It should not be up the the teacher to fill
this gap in recognition. I fear that this ruling would lead to an increase in the already high incidence of suicide by
students. Studies have shown that this happens.
Also,I encourage the city council to vote yes on item 24-457 regarding financial transparency in the settlement with
the Pacific Airshow. The beach closure was due to potential dangerous effects to beachgoers during the oil spill.It
was a necessary closure and the settlement which was made with the airshow was ludicrous. Our city should not be
beholden to the owners of the Pacific Airshow for the next 10-40 years. All the financial giveaways to the airshow
appear to be so over the top that I cannot believe anyone would ever agree to it. I think the residents of our fine city
should be aware and understand what the true costs of this settlement with be.
Thank you,
Beverly Sansone,MD
201 20th St,
Huntington Beach
From: Paula Schaefer
To: CITY COUNCIL(INCL.CMO STAFFI;citv.attomevCalsurfcity-hb.orq;city.manaaer(Msurfcity-hb.orq;
5uoolementalcomm(alsurfcity-hb.orq
Subject: YES on 32-File#24-547
Date: Monday,August 5,2024 9:10:52 PM
City Council,
If the FAB4 have any recollection of their campaign slogan of"transparency"the vote on this
item should be 7-0 to authorize the City Manager to procure this financial analysis.
The so-called"executive summary" is merely a snapshot of the financial gift that has been
given to Pacific Airshow/Code Four. Many residents were shocked at the announcement that
the City would pay$5 million. Many also wondered why Michael Gates fought so hard to
keep the full terms of the Settlement Agreement secret. Little did I know that the $5 million
was the chump change portion of the settlement.
Now we all know why Michael Gates tried so hard to keep the Settlement Agreement a secret.
The numerous costs the City will now absorb and the revenue it will forego makes it appear
there was simply a laundry list of demands that were acquiesced to by Michael Gates and
approved by the FAB4.
Is this Settlement Agreement what the FAB4+1 intended when it campaigned rolling out the
red carpet for HB businesses?With gifts like these,there won't be much left in the City coffers
to give to the next business with its hand out, or to pay for the many worthwhile expenses
necessary to properly manage a city of nearly 200,000 residents.
Paula A. Schaefer
From: Celeste Rvbicki
To: CITY COUNCIL(INCL.CMO STAFFI;5unolementalcomm(aa surfcity-hb.orq
Subject: No on item 24-541,Yes on item 24-542
Date: Monday,August 5,2024 9:21:11 PM
City council members,
This item, 24-541, only serves to prove what we already know: Mayor Gracey hates the
LGBTQ+community(including kids) and our mayor did not read or understand the
governor's bill. AB 1955 does not prevent"educators from informing parents of their child's
gender identity or gender expression"it only prevents the government from FORCING them
to out students to their parents. If our goal is truly to strengthen children's relationships with
their parents we should be setting the example by being open,welcoming to diversity, and
respectful to others. That's clearly not the council majority's priority. This is maga virtue
signaling and nothing more. It could have been a Facebook post, and I ask that the mayor
please stop wasting everyone's valuable time with this crap.
Item number 24-542 should be a no-brainer. The Huntington Beach community is rightfully
outraged at the details revealed in the Pacific Airshow settlement. Taxpayers deserve a
thorough review and breakdown of the total costs and impact(something that should have
have been done before the majority agreed to it)I look forward to this item passing with Casey
McKeon's vote, if taxpayer transparency actually matters to him.
Thank you,
An HB taxpayer with children currently in the public school system
From: djannef22C1a vahoo.coii
To: guoolementalcomm(asurfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFFZ
Subject: Oppose Agenda Item#30
Date: Tuesday,August 6,2024 2:39:11 AM
I am writing in strong opposition to item #30.
1. It's clearly agendized as a distraction from the disclosure of the huge giveaway of
public funds to the Pacific Airshow.
2. It is simply wrong in it's message. AB1955 does NOT require teachers to keep
secrets from parents. AB1955 explicitly states that schools cannot make
rules/policies that REQUIRE a teacher to out a student to their parents. If a teacher
has a concern about a student, they are free to talk to the parent about that concern,
as they always have been.
3. Huntington Beach is already embroiled in too many lawsuits with the state over
"culture war" issues. The city does not have unlimited funds to take on all these
issues. The city should be using its resources to care for the city. Contracts need to
be issued, employees need to be paid, roads need to be paved, infrastructure needs
to be maintained. If the city goes bankrupt, all of the day-to-day operations of the city
will collapse. We expect our leaders to be concerned with the operations of the city
that they were elected to oversee.
Let's take care of the city, its employees, and its residents and keep our eyes on the
huge expenditure--the Airshow Settlement.
Sincerely,
Diane James
From: flJannef22C1a vahoo.con
To: guoolementalcommCalsurfcity-hb.orW;CITY COUNCIL(INCL.CMO STmFFI
Subject: Support Agenda Item#31
Date: Tuesday,August 6,2024 2:48:27 AM
I can't emphasize enough how much, I support Agenda Item #31. It took a year to get
our eyes on the settlement agreement that, as the judge ruled, is a public record. It
should have been available to the public from Day 1. It wasn't available and was
attempted to be hidden indefinitely by Michael Gates and the Council majority
because they knew what a terrible deal it was and that it could not withstand scrutiny.
It's time for that backroom deal to be scrutinized by an independent, third-party
auditor!
We have seen the mayor and other councilmembers making the rounds to their
friendly media claiming that the Airshow brings in over$100 million, but there is no
documentation that backs up that number. The source of that outrageously high
number is from marketing materials using a "proprietary formula". I want to know the
truth. How much economic activity does the airshow generate for HB, the coast,
surrounding cities, all of Orange County? How much does it cost the city (public
funds)? How much does it cost local businesses? How much revenue was actually
lost by Code Four from the cancellation of a single day of one airshow?
Until we know the answers to all of these questions and more, we will never be able
to trust that the City Council and City Attorney are working for the people of HB and
not for their friend and supporter, Kevin Elliott.
Please support Item #31 and prove to us that the settlement is reasonable and in our
best interest.
Sincerely,
Diane James
From: J,prraine Gayer
To: 5uoolementalcommCalsurfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFFI
Subject: Concerns About Air Show Settlement
Date: Tuesday,August 6,2024 7:27:58 AM
To:Members of the Huntington Beach City Council
I am a long-time resident of the city of Huntington Beach and a voter.
I am appalled to learn of the mismanagement(or worse)of public funds in the multi-million dollar settlement made
by the city with the air show.This is an egregious betrayal of the public trust and of the oaths of office taken by the
the members of the City Council who supported the settlement.
I also object to the"sweetheart"terms of the agreement made with the operators of the air show going forward.The
beaches of California belong to all of us all of the time.
I am hopeful that there is some legal recourse in this matter to make the residents of this city whole and to restore
public trust in city leaders.
Shame on those who have been complicit in this action.Huntington Beach deserves better.
Lorraine Gayer
16682 Lovell Lane
Huntington Beach,CA 92647
714.846.3963
From: Tim Channe
To: CITY COUNCIL(INCL.CMO STAFF'
Cc: guoolementalcommCalsurfcity-hb.orq
Subject: Agenda Items 8/6/2024
Date: Tuesday,August 6,2024 7:50:36 AM
City Council,
Opposed to Item 30:24-531.This item has nothing to do with city business and is completely out of city
jurisdiction.I urge a NO vote.
In support of Item 31:24-547.The citizens deserve a complete disclosure of the costs of this heretofore secret
agreement.I urge a YES vote.
Regards,
Timothy Channel
Huntington Beach
From: Laura Julvne
To: apnalementalcomm()surfcity-hb.orq
Subject: Agenda Item 24-547 Flnandal Transparency
Date: Tuesday,August 6,2024 8:02:01 AM
I fully support the above mentioned Agenda Item. The Airshow Settlement has no base to
know the true benefit to the Pacific Airshow and in particular to Kevin Elliot or the true cost to
the City of Huntington Beach.
This independent third party expert will be able to present an impartial report to the true cost.
Laura Lara
From: Duffle Channej
To: SyQDlemen alcommesurfciN-hb.orq;CITY COUNCIL(INCL.CMO STAFF1
Subject: For Item 31,Against Item 30
Date: Tuesday,August 6,2024 8:07:44 AM
To City Council:
Once again,we can see the blatant political stunt created by Michael Gates and Mayor Van
Der Mark to attempt to swing the heads around of the people of HB away from the biggest
HEIST in HB history.,the airshow giveaway scandal.
They conveniently attempt to use the passing of AB 1955 to fall all over each other to declare
the city a"Parents Right to Know" city. Hey Parents! You have every right to know what
your kids are doing and feeling.No one is blocking your right to parent, to be present in your
child's life. This Bill merely stops a potential mandate to force teachers to betray
their students' confidence and out them against their will,putting them in potential
harm's way. You can"declare"the city anything you want,you can waste more city tax payer
money trying to sue the state yet again,but the city has zero jurisdiction regarding public
school policies or state law. We see your silly attempt to change the narrative away from the
HEIST. We see you inappropriately beg at your church for members to come save you at this
meeting. The people of HB are smarter than that.
I am 100%against Agent item 30. Let parents parent and let teachers teach. Do not force
teachers to betray their students and put them in harm's way.
I am FOR agenda Item 31 -and very pleased to see Item 31 on the agenda. I am FOR a
thorough audit and investigation into the Airhow Scandal and Heist by the City Attorney and
Council Majority who tried to hide the full details of the Airshow giveaway. Mr Gates
blatantly lied when he presented the cherry-picked one page summary of the settlement
leaving off all of the important details of the settlement.Now that the public has actually
finally seen all of the details that were purposefully left off that one page summary,we are
absolutely shocked and appalled by the biggest heist in HB history. Let's see and understand
the fiscal summary of the costs of the airshow versus the 40+year monetary compensation
given to Mr. Elliott for ONE DAY of a cancelled airshow. The public deserves to know.
Please stop with your political stunts and your attempts to fool the public and please stop using
your church for your political shenanigans. It's embarrassing.
Sincerely,
B. Channel
35 year resident and homeowner
From: Mary LeBoeuf
To: guoolementalcommCalsurfcity-hb.orq
Subject: LGBTQ and code four giveaway
Date: Tuesday,August 6,2024 8:13:43 AM
Dear Council: STOP!!! Just stop with these culture wars and back room deals with your campaign contributors!
Let's get busy with grass roots issues that concern the majority of our city. You are wasting time and money
fighting California laws.
Mary LeBoeuf
28 year resident
Sent from my iPhone
From: Larry Sionim
To: Suoolementalcommesurfcity-hb.orq '
Subject: City Council Meeting scheduled for August 6th,2024
Date: Tuesday,August 6,2024 8:20:09 AM
Attachments: Letter to Tony Strickland and Michael Gates.8.6.24.door
To Tony Strickland and Michael Gates,
You two,with the tacit acceptance of the other three Councilmembers(Gracey Van Der Mark, Pat Burns
and Casey McKeon) have negotiated and entered into a settlement agreement with Pacific Airshow LLC
that literally eclipses the worst financial deal ever made by any mayor,city council and city attorney since
the City of Huntington Beach,California,was founded back in 1909. Further,you have done so by
callously and blindly, behind closed doors, potentially saddled our City with this thoroughly abhorrent
agreement for the next 40 years, regardless of who ultimately ends up owning it or running it in the
future!
By signing your names to this deal,you have given away ALL control of the Air Show,our beaches and
our pier,and nearly all of the profits that our City could or will ever will see from it,without any
appropriate recourse or compensation—simply the cessation of continuing the lawsuit regarding the
cancellation for one day of the Air Show,for reasons related to and associated with public safety.As a
direct result of this agreement,ALL potential,future liabilities have completely and thoroughly been
accepted by the City,and consequently, by extension,every one of its residents.
This agreement is not the fault of the prior Mayor and/or City Council's behavior or mismanagement.
The current Council Majority,with clear intent and with the complete and unreserved support of the City
Attorney, Michael Gates,are all complicit and one hundred percent responsible for negotiating an
agreement that certainly and objectively appears to be a corrupt give away of City finances, resources
and legal commitments.
This is now your legacy as a City Council,and as one of the majority members of it.
My wife and I do not support,whatsoever, in any way,the signing of this settlement agreement with the
- Pacific Air Show LLC, nor by extension,Code Four or Kevin Elliot.
We fully support and endorse the approval of Council Member Item 31,25-547,submitted by Council
Members Kalmick, Bolton,and Moser.
Larry and Susan Slonim
19792 Gloucester Lane
From: berreorincessCa aol.corq
To: sunolementalcnmmOsurfcity-hb.orq
Subject ENOUGH!
Date: Tuesday,August 6,2024 8:20:50 AM
Not all parents are good parents.. So I ask Gracey Van Der Mark and those that are in agreement
with Gracey Van Der Mark did your parents know EVERYTHING going on with you?Could you
have actually told them ANYTHING at all without getting a beating,kicked out,called names,in
any trouble, etc?Would you have wanted your parents to know EVERYTHING you were doing or
thinking? Stop being hypocrites! She doesn't get a say,thankfully, in what the schools do or not do.
She is one of the LAST people that should open her mouth about such things and considering her
version of family values that we have all seen over the years. SMH She should remember when she
is trying to be the government overreaching on our public library books and our kids the words she
used in that its our children and our rights to raise them. That doesn't mean just for when it fits her
agenda and her buddies.Why is it she wants to help supposed parents that are"harmed"by the law
but no care if any child/teen is harmed by what she would rather have schools do?Where is the
concern here for the kids that have parents that are bigots and what they might do to that child?If
you want your kids to be able to talk to you openly than you better have an open mind and do better
as a parent so they can trust you. Shame on you Gracey Van Der Mark for wasting time on this.
Enough is enough from the 4+1 on these issues that are NOT city business.
BTW, no we have not forgotten about the air show settlement and what you 4+1 have
done with "gifting" your pal, Kevin Elliott so much in that settlement. Shame on you
all. Not only should you 4 have not had a say in what happened with the settlement
but Gates should not have been near it as well since that was a major conflict of
interest going on. Where is the transparency in any of this? You talk about being
transparent but it seems its only when its anything but this or dealing with your
agenda against the public libraries. So I can assume how you 4 will vote against the
item that Kalmick, Moser and Bolton have for transparency on this instead of for it as
it should be. .
Anna Plewa
From: Jaime Kauffman Palumbo
To: guoolementalcommCalsurfcity-hb.orq
Subject: Public Comment for 8/6/2024 meeting
Date: Tuesday,August 6,2024 8:37:03 AM
Hello,
I am deeply disturbed by the Mayor's agenda item and stand firmly against it.Not only is the agenda item
misleading about what AB1955 actually does,but the anti LGBTQ rhetoric is appalling.This majority has been on a
crusade against the LGBTQ community since it got elected and it is not what this community wants or needs.It also
seems like whenever the Mayor and the majority want to stir up their base with culture war nonsense,it is to cover
up something else they are trying to hide.This attempt is more blatant than usual.They are trying to redirect the
citizens anger over the Pacific Airshow settlement onto something else.We will not be so easily lured away.The
airshow settlement is an egregious giveaway of our tax payer dollars and a testament to the corruption of this
majority and our city attorney.To try to distract us with a specious argument against a new law that tries to protect
queer students and another potential lawsuit that we will defmitely lose is ridiculous.Stop the culture war nonsense
and start governing our city instead.Talk of Sacramento's overreach is rather hypocritical as this majority tries to
overreach into areas that they have no control over all the time.Quit wasting our money and do what you were
elected to do.
Thank you,
Jaime and John Palumbo
From: margsaleteh@REthrom
To: suonlementalcommlalsurftity-hb.orq
Subject: Make NB Great Again!
Date: Tuesday,August 6,2024 8:39:22 AM
Dear Council Members,
As 40 year residents of Huntington Beach,we are sick and tired of the endless lawsuits
wasting our tax dollars. The lack of transparency regarding the airshow is unacceptable. The
harm that the majority 4 have inflicted on our city will affect us for years after they're gone.
As the mayor likes to say, this mama doesn't co parent with the government. Let each of us
decide which books are appropriate-not a private company,not a review board.
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Sent from the all new AOT,app for iQS.
From: =yen C Shepherd Arch¢
To: SupplementalcommCla surfcity-hb.orq;CITY COUNCIL(INCL.CMO STAFF
Subject: AGENDA ITEMS#31 -TRANSPARENCY IS ESSENTIAL,BUT BEWARE OF THOSE WHO APPLY IT
SELECTIVELY
Date: Tuesday,August 6,2024 8:57:21 AM
I believe transparency is an essential pillar of competent local governance, and
because of that strongly held belief, I support the passage of Agenda Items #31 and
#32.
In voicing my support for transparency, I would be remiss if I didn't mention the utter
hypocrisy of the council member putting forth Agenda Item #32. For while I commend = .
this council member's current interest in identifying and informing Huntington Beach
residents about various City incentives for"big business,"where was this zeal for
transparency over the past year regarding the air show settlement?
A single vote for transparency by this council member would have released the
details of the settlement involving millions of dollars in public funds payments and
decades of future public revenue giveaways to a private vendor. This settlement
remained largely a secret for over a year and was only revealed after a successful
citizen-led lawsuit forced its disclosure. Where was the concern for transparency
then?
Eventually, Huntington Beach residents will finally be given a full accounting of the air
show settlement as it is scheduled to be reviewed by a state auditor. Sadly even this
attempt at providing transparency has been threatened to be met by a City of
Huntington Beach lawsuit seeking to prevent this review.
Excuse my skepticism, but while I strongly support transparency, I will always
question the motives of those who employ a selective approach to its application.
Steve Shepherd
Huntington Beach 92646
From: Fkes.Cathy
To: Aaenda Alerts
Subject: FW:Oppose
Date: Tuesday,August 6,2024 8:54:39 AM
From:Annilise Flanagan-Frankl<anniliseff@gmail.com>
Sent: Monday,August 5, 2024 8:25 PM
To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject:Oppose
I oppose the Council's plan yo pay the Airshow Agreement.
l oppose the Council's Parents Right to Know-agenda item.
The majority on this council are spending taxpayer money inappropriately! Stop lining
your political pockets rather than doing what is best for the community.
Annilise M. Flanagan-Frankl, M.A.
CounselingPsychologist
Nationally
Certified School Psychologist
Remember - the past is over, the future is a mystery,and today is a gift.
That is why it is called the PRESENT.
Make today count.
Call: 847-226-3119
From: Tikes.Catfiv
To: ADenda Alerts
Subject: FW:Agenda item 24-541
Date: Tuesday,August 6,2024 8:55:47 AM
From:Adam Kelly<adamscottkelly@gmail.com>
Sent: Monday,August 5, 2024 9:01 PM
To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject:Agenda item 24-541
I'm writing against agenda item 24-541.
The bill prohibits ordinances requiring teachers/schools to out students without their
consent, no more no less.Teachers and schools should not be forced to out students
without a student's consent.Students have their own right to privacy, especially when it
comes to confidences they share with trusted members of their community.As much as
it probably hurts some authoritarian parents'feelings, parents do not own their children.
If a child chooses to share personal information such as their gender identity preference
to a teacher or a school staff member and not their parent,that is for the student to
decide. I'll add that if your kids aren't sharing information like that with you as a parent,
that is on you.That is a failure as a parent to open safe avenues of communication with
your child. It's shocking that Gracey would want the government to mandate disclosure
of a student's private information. But I guess in her mind, if you're a terrible parent,you
can have the government make your kids share their private feelings and identity with
you.
It is also pretty obvious that agenda item 24-541 and the public statement she had city
staff make on her behalf is a distraction from Gracey and company's
atrocious settlement with the Pacific Air Show and their buddy Kevin Elliot.
I'm also writing in support of items 24-547, and 24-549. Not only am I disgusted by the
obfuscation committed by the Republican Council members regarding the Air Show
Settlement, I am also bewildered that any city Leadership would buckle to a private
corporation like that and sell our city out. If Michael Gates is too cowardly to fight a
single company he should step down from office. It is clear we need oversight and to
have this tremendous payout investigated. Hopefully we will see the criminals that let
this settlement go through be investigated and prosecuted.
Huntington Beach deserves justice.
Thank you,
Adam Kelly
From: FJJces.Cathy
To: Agenda Alerts
Subject: FW:Air show settlement
Date: Tuesday,August 6,2024 8:56:21 AM
----Original Message---
From:ANGELA ZENZOLA<angelazenzola@mac.com>
Sent:Monday,August 5,2024 11:28 PM
To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org>
Subject:Air show settlement
As a homeowner,I demand to have the Attorney General look into this outrageous abuse of power by the majority
on the city council. The taxpayers of Huntington Beach should now the facts of this case and not allow special
interests to come into play. It is an absolute disgrace how much this settlement will cost our city and ultimately the
taxpayers. It seems criminal.
Sincerely,
Angela Zenzola
Homeowner/taxpayer
562 818 3366
Sent from my iPhone
From: Fkes.Cathy
To: Aaenda Alerts
Subject: FW:Airshow Settlement
Date: Tuesday,August 6,2024 8:57:30 AM
Original Message
From:d.wada<denisewada714@gmail.com>
Sent:Tuesday,August 6,2024 5:23 AM
To:CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org>
Subject:Airshow Settlement
Dear Council Members,
I am outraged,but not surprised,how bad a settlement this is in favor of the airshow.I've heard how some of you
claim there is justification to give away public funds but it reeks of nepotism when that same person/business is so
closely tied to the majority.There is a problem when the city attorney claims this was the best result when they don't
show their work.We clearly need a non partisan city attorney who looks at the law and thereby will work for the
city's best interest,and not their political aspirations.
As a longtime resident who has never seen this misuse of city time,this council'majority's reaction to AB1955 adds
to their pile.You were not elected to fight the State of California,stand with other states for Federal issues,or
litigate special status on your personal beliefs.
AB 1955 does not prohibit you from knowing your child but if you don't,the fact that you have to litigate to know
says it all.Because you prohibit them from reading about their gender,sexual health,and other developmental issues
I can see why you or they wouldn't know.Stop wasting our tax payer dollars with an over zealous legal budget.Do
the job of city council and work on REDUCING our budget deficits.
Sincerly,Denise Wada
From: Ekes.Cathy
To: Aaenda Alerts
Subject: FW:City Coundl Meeting scheduled for August 6th,2024
Date: Tuesday,August 6,2024 8:59:27 AM
Attachments: Letter to Tonv Strickland and Michael Gates.8.6.24.docx
From: Larry Slonim <Iarry.slonim.80@gmail.com>
Sent:Tuesday,August 6, 2024 8:20 AM
To:CITY COUNCIL(INCL. CMO STAFF) <city.council@surfcity-hb.org>
Subject: City Council Meeting scheduled for August 6th, 2024
To Tony Strickland and Michael Gates,
You two,with the tacit acceptance of the other three Councilmembers(Gracey Van Der Mark, Pat Burns
and Casey McKeon) have negotiated and entered into a settlement agreement with Pacific Airshow LLC
that literally eclipses the worst financial deal ever made by any mayor,city council and city attorney since
the City of Huntington Beach,California,was founded back in 1909. Further,you have done so by
callously and blindly, behind closed doors, potentially saddled our City with this thoroughly abhorrent
agreement for the next 40 years, regardless of who ultimately ends up owning it or running it in the
future!
By signing your names to this deal,you have given away ALL control of the Air Show,our beaches and
our pier, and nearly all of the profits that our City could or will ever will see from it,without any
appropriate recourse or compensation—simply the cessation of continuing the lawsuit regarding the
cancellation for one day of the Air Show,for reasons related to and associated with public safety.As a
direct result of this agreement,ALL potential,future liabilities have completely and thoroughly been
accepted by the City,and consequently,by extension,every one of its residents.
This agreement is not the fault of the prior Mayor and/or City Council's behavior or mismanagement.
The current Council Majority,with clear intent and with the complete and unreserved support of the City
Attorney, Michael Gates,are all complicit and one hundred percent responsible for negotiating an
agreement that certainly and objectively appears to be a corrupt give away of City finances, resources
and legal commitments.
This is now your legacy as a City Council,and as one of the majority members of it.
My wife and I do not support,whatsoever, in any way,the signing of this settlement agreement with the
Pacific Air Show LLC, nor by extension,Code Four or Kevin Elliot.
We fully support and endorse the approval of Council Member Item 31,25-547,submitted by Council
Members Kalmick, Bolton,and Moser.
Larry and Susan Slonim
19792 Gloucester Lane
From: Fkes.Cathy
To: Aaenda Alerts
Subject: FW:Airshow settlement
Date: Monday,August 5,2024 5:45:04 PM
From:Scott Brewsaugh<scottbrewsaugh@gmail.com>
Sent: Monday,August 5, 2024 5:36 PM
To:CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject:Airshow settlement
To the three that voted against giving away tens of millions of dollars to a campaign
donor on a frivolous lawsuit for"breach of contract"when there was no contract to
-"breach" I hope you had a good weekend.
To the four of you that gave away tens of millions of dollars to your friend I hope you did
not as the realization that your terrible dealings are coming to light.
I implore all of you to vote in favor of getting a full accounting of exactly how much
money the airshow lost of the day that it was cancelled, and exactly how much the city
gets from it, and how much the tax payers are now on the hook for because the city
attorney Michael Gates and the"fab four"decided to sign off on this B.S. agreement
instead of just letting the lawsuit take its course(and get dismissed like the same suit
against the former mayor was was dismissed because it was frivolous).
Sincerely,
A concerned fiscally responsible citizen who used to be proud to call himself a
Republican until Republicans started doing corrupt stuff like this.
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday,August 6, 2024 12:56 PM
To: Agenda Alerts
Subject: FW: Support of the audit of the Airshow Settlement
Original Message
From: Beth Bremmer<bbremmer@me.com>
Sent:Tuesday,August 6, 2024 9:46 AM
To: CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org>
Subject: Support of the audit of the Airshow Settlement
I support the CA state audit of the airshow settlement. I also appreciate the investigation of the relationship between the
majority HB City Council (and City Council Attorney Michael Gates) and the Pacific Airshow operators. (I'm thinking
'follow the money'.) Elizabeth Bremmer HB resident since 1976
1
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, August 6, 2024 12:57 PM
To: Agenda Alerts
Subject: FW: Huntington Beach airshow
From: Ken Mattocks<kmattocks705@gmail.com>
Sent:Tuesday, August 6, 2024 10:38 AM
To: CITY COUNCIL(INCL. CMO STAFF)<city.council@surfcity-hb.org>
Subject: Fwd: Huntington Beach airshow
Forwarded message
From: Ken Mattocks <kmattocks705@gmail.com>
Date: Mon, Aug 5, 2024 at 4:53 PM
Subject: Huntington Beach airshow
To: Ken Mattocks <kmattocks705@gmail.com>, <SouthCoastc coastal.ca.gov>
I sent this complaint to the coastal commission regarding the air show.They informed me that they are
working with the city regarding permits and flight patterns.Why has the city refused to compromise with
many who complain about the air and noise pollution of having these jets doing low altitude fly overs for
7 days including practice.The noise decibels created by these jets can cause permanent hearing
damage.The city should demand that the air show remain along the beach and ocean. They should only
fly over our neighborhoods flying to and from the air base. This is a reasonable compromise that's fair to
all.
It's very unfortunate that compromise has been neglected in today's political arena. That's why there is
so much division in our country. Please consider my suggestion to make this show a better and safer
event by keeping the flight activity along our beach and ocean.This way those that want to see the show
can go down there and enjoy it while others can stay home and not be forced to suffer the air and noise
pollution from this event.
My complaint to the coastal commission .
Why is this event allowed along our coastline?This event, counting practice goes on for 7 days
infiltrating our homes and wildlife with excessive noise and air pollution. The city tells us that complain to
just leave our homes if we don't like it. Many of us are fed up with this yearly event that forces us to suffer
the consequences of fighter jets going full throttle at low altitudes over our homes numerous times
during the week long event. Our pets and other local wild life suffer as well.At the very least, that should
keep the show over the ocean and avoid looping over our neighborhoods.They should only be allowed to
fly over our neighborhoods when flying to and from their air base. This is a reasonable compromise that
has fallen on deaf ears.
Thank you,
Ken Mattocks
1
19322 Manor Point Circle
Huntington Beach, Ca 92648
2
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday,August 6, 2024 1:35 PM
To: Agenda Alerts
Subject: FW: City Council meeting
Original Message
From:tjengland41@yahoo.com <tjengland41@yahoo.com>
Sent:Tuesday,August 6, 2024 1:33 PM
To: CITY COUNCIL(INCL.CMO STAFF)<city.council@surfcity-hb.org>
Subject: City Council meeting
I cannot believe the HB City"Give-Away"deal Mr Gates and our Maga4 council members secretly foisted on the
taxpayers: Highway Robbery!!
Sent from my iPhone
1