Now the Coastal Commission, which was established to control growth, housing and commercial use of the coast, is trying to stop an Air Show. Of course the Air Show will bring tens of thousands of people to Huntington Beach, creating lots of jobs as well as tax revenues for the community. Instead, an unelected agency is working hard to kill off business and families.
“In a letter to airshow operators on July 1, the Coastal Commission gave a stern warning, noting they were considering enforcement actions “including but not limited to a cease and desist order … and other legal actions to ensure legally adequate public access is provided at the Oct. 2024 Pacific Airshow.”
While the commission hasn’t signaled exactly what type of enforcement actions it will take, numerous letters to the city show mounting concerns from state regulators.
The warnings come as state auditors investigate a legal settlement between the city and Kevin Elliott, owner of the Pacific Airshow LLC, that gave him $5 million along with promises such as 3,500 city parking spaces to resell and exclusive rights to the event for up to 40 years.
Yup the unelected of the Coastal Commission want to interfere with a legal settlement. That is how Marxism works—why isn’t Newsom protecting the people of this town from a runaway agency? Literally this is an attack on Democracy and the Rule of Law—of course by Democrats.
California Coastal Commission Could Upend Huntington Beach Air Show
BY NOAH BIESIADA, Voice of OC, 7/22/24 https://voiceofoc.org/2024/07/california-coastal-commission-could-upend-huntington-beach-air-show/
The California Coastal Commission could interrupt Huntington Beach’s Pacific Airshow unless the event’s operator and city officials can guarantee the waterfront is accessible to everyone and apply for the proper state permits to run the show.
Neither of those things have happened.
Yet the air show is already selling tickets for spots on a public beach and pier three months ahead of the annual event.
In a letter to airshow operators on July 1, the Coastal Commission gave a stern warning, noting they were considering enforcement actions “including but not limited to a cease and desist order … and other legal actions to ensure legally adequate public access is provided at the Oct. 2024 Pacific Airshow.”
While the commission hasn’t signaled exactly what type of enforcement actions it will take, numerous letters to the city show mounting concerns from state regulators.
The warnings come as state auditors investigate a legal settlement between the city and Kevin Elliott, owner of the Pacific Airshow LLC, that gave him $5 million along with promises such as 3,500 city parking spaces to resell and exclusive rights to the event for up to 40 years.
While the settlement was signed a year ago, it only became public this month after Ocean View School Board member Gina Clayton-Tarvin sued the city for its release and won, arguing it was a public record.
There are now calls from multiple city council members for Attorney General Rob Bonta to investigate the deal, along with the Orange County Register’s Editorial Board.
“An attorney general review is in order,” the editorial board wrote last Thursday. “It’s time to step up the investigations.”
Sarah Christie, the legislative director for the commission, said they also were reviewing the agreement for the first time last Tuesday.
“The exclusive allocation of so many public parking and RV camping spaces for unspecified ‘monetization’ is concerning,” Christie said in a statement. “This has significant implications for general public coastal access, and has not been authorized.”
But even before the release of the settlement, coastal commission staff were raising warnings about the air show possibly cutting off access to the coast illegally and threatening to send cease-and-desist letters or take legal action.
The first of those letters came in February alongside a second letter from the State Lands Commission calling out the city and the air show for privatizing portions of the beach without getting proper authorization first.
Staff from the California State Lands Commission did not return requests for comment, but noted in their February letter that the city is currently violating its lease for the pier by blocking off access to parts of it during the air show.
“Premises are subject to the Public Trust and are presently available to members of the public for recreation, waterborne commerce, navigation, fisheries, open space and any other recognized public land uses,” reads the city’s lease, last updated in 2018.
Staff from the coastal commission also raised concerns about access to the coast at that time.
“The October 2023 air show’s widespread unpermitted privatization of public land … violates public access protection policies of the Coastal Act, and breaches contractual obligations of the City’s lease,” wrote Spenser Sayre of the California Coastal Commission’s enforcement division.
But after that letter, Sayre sent three more letters to city staff and Elliott that were examined by Voice of OC, insisting they needed to talk with the coastal commission about their future plans.
In each letter, Sayre noted the commission’s goal isn’t to cancel the airshow, but the event needs to receive the state’s sign off to move forward.
“Please note that this is Commission staff’s fourth attempt this year to formally discuss this matter with Code Four, and the lack of a timely response is currently jeopardizing timely authorization of this popular annual event,” Sayre wrote in a letter to Elliott on July 1.
Interim City Manager Eric Parra confirmed the city had received the letters in a statement to Voice of OC, adding that the city “will continue to work with both the Coastal Commission and Pacific Airshow operators.”
Gates and Elliott did not respond to requests for comment.
Gates responded to an April letter by saying “the city will, as it always has, follow all laws and regulations.”
It’s a claim the Coastal Commission swiftly threw out.
“The October 2023 Pacific Air Show’s privatization of public land and waters in Huntington Beach without requisite coastal development permits … did not comply with all laws and regulations,” Sayre wrote.
In the same letter, Sayre pointed out that even though the city hasn’t received any application for this year’s air show, it’s clearly still happening.
While Elliott’s company has yet to pull any permits from the city or state for the event, he’s already selling tickets online for as much as $3,490, while advertising acts like the US Air Force Thunderbirds that are scheduled to appear.
Sayre signed off by warning that if the air show proceeded without the proper permits from the Coastal Commission, a cease-and-desist letter could be coming the city’s way.
In a separate letter to Elliott, he warned that “other legal actions,” could come to ensure the 2024 air show keeps the beach open to the public.
“Commission staff is willing to work with Code Four on a legal permit for an air show,” Sayre wrote. “But since we have not heard back from Code Four at all in response to our earlier letters, the time to do so now is very short.
