State agencies query public access to coast during air show

Lands and coastal panels send letters suggesting shoreline wasn't open in '23

California state agencies are scrutinizing Huntington Beach for allowing the air show operator to limit access to the city's beach and pier during last year's Pacific Airshow.

The California State Lands Commission and the California Coastal Commission each sent letters in February to city leaders and the Pacific Airshow's operator, Code Four. In the letters, the agencies ask that the city and air show work with them to not limit access to the shoreline and the Huntington Beach Pier, and to make sure that future events don't have aircraft flying over the Bolsa Chica Ecological Reserve.

The air show sells tickets for seating on the pier and in viewing areas on the sand. Brian Bugsch, with the State Lands Commission, wrote in the letter that the 2023 air show was an unauthorized use of state land and outside the city's rights without permission. The state leases the city the right to operate the pier since it extends over public land.

The city told the agency's staff that access to the pier still would be available, but “photographs of the pier during the event do not indicate that public access was provided,” according to the letter.

“This degree of restriction on public access and recreation along the beach and in the ocean, where boating also was restricted during the event, is not authorized by the city's lease,” Bugsch wrote.

The state commission also said repeated low flyovers over the Bolsa Chica Ecological Reserve “harassed” many birds there, including threatened and endangered species.

The California Coastal Commission said in its letter that people were prohibited from crossing the shoreline and accessing state tidelands, seaward of bleacher seating. Spenser Sayre, an attorney with the Coastal Commission, requested the city and the air show's executive director, Kevin Elliott, meet with the agency's staff before the October's planned air show.

The California constitution guarantees public access to tidelands, which begins at the high water mark.

Both agencies in their letters said they raised these concerns before last year's air show.

City Attorney Michael Gates said the letters are routine, based on working with the agencies in the past and they don't present any serious issues for concern.

“The letters came in this year as they did last year and years before,” Gates said in an email. “The city is always diligent to work with event planners and promoters who pull permits to host events on public property to follow all laws, including Coastal and State Lands. The city is very careful to ensure that its environment is well-protected and that there is access to the general public during events.”

The Coastal Commission also asked for a complete copy of the near$5 million settlement agreement between Pacific Airshow and the city that was agreed to last year. Pacific Airshow had sued the city over losses it incurred when in 2021 the third day of the show was canceled due to an oil spill.

The city is in an ongoing legal battle for refusing to release that settlement.

Sayre, in the letter, said it appears the settlement would be a public document available for disclosure under state open records laws.

State Sen. Dave Min in a Feb. 25 post on X, formerly known as Twitter, wrote that he has formally requested the Joint Legislative Audit Committee approve an audit to look into the settlement between the city and the air show operator. Min is a member of the committee.

Min called the settlement the current council's “original sin.”

A spokesperson for Min's office said more information will be available when the committee holds a hearing about the possible audit, which is expected by the summer. The California State Auditor recently audited some of Anaheim's tourism money.

When asked about Min's audit request, Gates said, “Sen. Min should focus on his duties in Sacramento rather than attempting to apply state pressure to a private organization. It seems his requests are not only imprudent, but unlawful against a private organization.”

A California State Lands Commission spokesperson said Feb. 26 that they have not received a response from the air show organizers, but interim City Manager Eric Parra acknowledged the letter in an email.

A request to the public relations agency for the Pacific Airshow for comments was not returned.

The Pacific Airshow is scheduled for Oct. 4-6.