An Orange County judge heard arguments Monday on whether Huntington Beach should be required to release the entire settlement agreement between the city and the operator of the air show held annually in town.
Pacific Airshow operators sued the city over losses incurred when the final day of the three-day event was canceled in 2021 due to an oil spill. The city last year settled that lawsuit when it agreed to pay nearly $5 million to the Pacific Airshow. The city was sued after officials refused to release that complete settlement agreement under the California Public Records Act.
“The law requires the government to show us the documents so that we can judge for ourselves whether or not what the government is doing is appropriate,” said plaintiff’s attorney Gregory Pleasants, “and whether or not it’s told the truth.”
Savannah Skelton, the city’s attorney who made arguments during the hearing, said it was City Attorney Michael Gates’ discretion to not release the settlement. Releasing the settlement, Skelton argued, could impact the city in future litigation as it tries to recoup money lost during the oil spill.
Judge Jonathan Fish did not rule on Monday and will take the case under consideration. He said during the hearing that the reason for the state’s open records law is for people to “trust but verify” the actions of the government.
Fish obtained a copy of the nine-page settlement agreement filed under seal for him to review as the hearing concluded.
Related links
Federal regulators offer final word on oil spill off coast of Huntington Beach
Major oil spill closes OC beaches, kills wildlife in Huntington Beach
Huntington Beach air show looking to expand to five-day event
Huntington Beach air show will land planes on the beach for this year’s event
Huntington Beach leaders defend air show settlement at lively town hall
Gina Clayton-Tarvin, an Ocean View School District trustee and former City Council candidate, asked for the settlement in a records request in May 2023 and was provided a one-page summary by Gates. She then filed the lawsuit for the complete agreement after being told it wouldn’t be given to her.
Clayton-Tarvin said she is worried that there could be an evergreen clause in the settlement that would prevent the city from contracting with another air show operator at a cheaper rate.
Skelton said the summary document provided to Clayton-Tarvin “contains all monetary terms in the agreement.”
“We are not trying to pull any tricks,” Skelton said.
Huntington Beach could pay an additional $2 million more to the Pacific Airshow from any money it recovers from the company that owns the pipeline that leaked 25,000 gallons of oil, closing beaches and fishing for weeks along the coast.
The air show settlement has been a contested issue in the city. Another lawsuit filed last year that sought to prevent the settlement from being executed was denied and some councilmembers have spoken against it.
Related Articles
Ballots out in recall election of Anaheim Councilmember Natalie Rubalcava
How much do your mayor and city councilmembers make? Check it out
Santa Ana staff complaints of councilmember’s ‘over-involvement’ in cultural events leads to review
‘Den of vampiric fat cats’ could cost Anaheim millions in lawsuit
Huntington Beach council rejects proposal to ask voters if library operations should be privatized
Leave a Reply