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Signal Landmark (Hearthside Homes), Orange County Local Agency Formation Commission (LAFCO), County of Orange and City of Huntington Beach - 2007-12-17
CITY OF HUNTINGTON .BEACH Finance e ar m nt 2 + JU 7 P �' 29 Lori Ann Farrell Director of Finance CITY CLERK CITY OF HUNTINGTON BEACH Certified Maid June 16,2014 Insurance Company of the West 11455 El Camino Real San Diego, CA 92130-2045 Re: Faithful Performance and Labor and Material Bonds No 2205224 for the Brightwater Development Project Dear Sirs: This is to inform you the Huntington Beach City Council has approved the release of the above-referenced bonds effective March 17, 2014. We are releasing this bond and have enclosed the bond for your files. We have also enclosed a copy of the City Council Action approving the release of this bond. If you have any questions regarding this matter,please contact me at(714)536-5200. Sincerely, Joyce M.Zacics Deputy City Treasurer Enclosures Cc: Signal Landmark P.O.Box 53370 Irvine,CA 92619-3370 Duncan Lee,Public Works(no attachments) Joan Flynn, City Clerk(no attachments) 2000 Main Street, California 92648-2702b Phone 714-536-56304 Fax 714-374-15714 www.huntingtonbeachca.gov Council/Agency Meeting Held: l D-t-e- Deferred/Continued to: �lAp roved ❑ Conditionally Approved ❑ Denied eJ� Ci� I&k/Signaye Council Meeting Date: 12/17/2007 Department ID Number: PL 07-38 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYO RANiDCITY COUNCIL MEMBERS SUBMITTED BY: P NELO E CU H-G A T, DPA, CITY ADMINISTRATOR PREPARED BY: SCOTT HESS, DIRECTOR OF PLAN NIN SUBJECT: APPROVE COOPERATIVE AGREEMENT REGARDING ANNEXATION OF THE BRIGHTWATER DEVELOPMENT PROJECT Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On November 13, 2007 the Orange County Local Agency Formation Commission (LAFCO) approved the Annexation of the Brightwater Development Project into the City of Huntington Beach. Transmitted for your consideration is a Cooperative Agreement between the City, County of Orange, LAFCO and Signal Landmark (Hearthside Homes) for the purpose of ensuring that the subject property is developed consistent with the previous approvals of the County and California Coastal Commission as annexation occurs over a period of time. The Cooperative Agreement sets forth the obligations of all parties with respect to processing requirements, fees, timelines and inspection responsibilities. Funding Source: Not applicable. Recommended Action: Motion to: "Approve and authorize execution by the Mayor and City Clerk of the Cooperative Agreement By and Among the County of Orange, The City of Huntington Beach, Signal Landmark, and the Orange County Local Agency Formation Commission Regarding Annexation of Unincorporated Real Property Commonly Known as the Brightwater Development Project (ATTACHMENT NO. 1)." REQUEST FOR ACTION MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER:PL 07-38 Alternative Action(s): The City Council may make the following alternative motion: 1. "Continue the recommended action and direct staff accordingly." 2. "Deny the recommended action and direct staff accordingly." Analysis: The Brightwater Development Project (BDP), which consists of 349 homes, open space, trails and associated infrastructure, is being constructed pursuant to approvals by the California Coastal Commission and the County of Orange. It is expected that construction will occur over an approximate four year period, depending on market conditions. Pursuant to the Pre-Annexation Agreement between the City of Huntington Beach and Signal Landmark approved in 2005 and the Annexation approved by LAFCO in November 2007, the BDP will be annexed to the City of Huntington Beach in phases, as homes are constructed but prior to occupancy. Accordingly, the County of Orange will be responsible for inspecting the homes and related improvements for compliance with the Uniform Building Code and Conditions- of Approval. Upon Annexation, the City of Huntington Beach will assume responsibility for enforcement of conditions and/or ensuring their enforcement by the California Coastal Commission. The jurisdictional change coupled with the timing of project implementation merits a Cooperative Agreement that sets forth the obligations of both the developer and the governmental entities. The Agreement is designed to ensure that development of the project continues in a timely manner and in full compliance with all of the conditions and that there is an orderly transfer of information from the County to the City. Similar agreements have been used by the County of Orange and LAFCO for other annexation areas. The Cooperative Agreement has been reviewed by all affected parties. Upon approval by the City, the Agreement will be transmitted to LAFCO who will obtain the County's signature and also sign the Agreement. Staff recommends the City Council approve the Cooperative Agreement because it accurately delineates the responsibilities of the County and City, identifies the required fees to be paid to the City and allows for the annexation to occur in an orderly manner. Strategic Plan Goal: The proposed Agreement is consistent with the following Strategic Plan goal: L-5 Improve the efficiency of the development review process. The Cooperative Agreement facilitates the development review process by allowing the County to continue to be the responsible party for ensuring compliance with the Conditions of G:\RCAs\2007\PL07-38 (Cooperative Agreement).doc -2- 11/27/2007 11:10 AM REQUEST FOR ACTION MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER:PL 07-38 Approval that are imposed on the Project. This facilitates development of the project in a timely manner, which ultimately facilitates annexation of the project into the City of Huntington Beach along with the payment of associated revenues. Environmental Status: Approval of the Cooperative Agreement is exempt from the provisions of the California Environment Quality Act (CEQA) pursuant to Section 15061 (b)(3). On October 1, 2007 the City Council approved Negative Declaration No. 06-02 for annexation of the subject property. Attachment(s): P-49gNium, or P ri P"t imn' Cooperative Agreement by and among the County of Orange, The City of Huntington Beach, Signal Landmark, and the Orange County Local Agency Formation Commission Regarding Annexation of Unincorporated Real Property Commonly Known as the Brightwater Development Project RCA Author: Broeren G:\RCAs\2007\PL07-38 (Cooperative Agreement).doe -3- 11/27/2007 11:10 AM ATTACHMENT # 1 COOPERATIVE AGREEMENT BY AND AMONG THE COUNTY OF ORANGE,THE CITY OF HUNTINGTON BEACH,SIGNAL, LANDMARK, AND THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION REGARDING ANNEXATION OF UNINCORPORATED REAL PROPERTY COMMONLY KNOWN AS THE BRIGHTWATER DEVELOPMENT PROJECT THIS COOPERATIVE AGREEMENT ("Agreement"), is entered into by and among the COUNTY OF ORANGE ("County"), the CITY OF HUNTINGTON BEACH ("City"), SIGNAL LANDMARK, a California corporation("Company"), and the ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION ("OCLAFCO") (collectively referred to as the "Parties" herein). RECITALS WHEREAS, the City is in the process of annexing approximately 105.3 acres of property commonly known as the Brightwater Development Project('Property"). The Property, which is described in Exhibit A and depicted in Exhibit B, is currently in the unincorporated area of County and is wholly owned by Company; and The County has, for several years, planned for the development and use of the Property and related infrastructure. The manner and timing of the development of the Property is an extremely complex issue that has been subject to intense public scrutiny and participation. The development of the Property is the subject of numerous agreements and planning documents and is a matter of regional importance; and The Property is subject to that certain Coastal Development Permit No. 5-05-020, which includes a "Vesting Tentative Tract Map" (VTTM No. 15460), and Subsequent Environmental Impact Report (EIR) No. 551 and Addendum to Subsequent EIR No. 551. The Property is also subject to the Pre-Annexation Agreement between the City and Company dated December 12, 2005 (the"Pre-Annexation Agreement"). The Pre-Annexation Agreement, among other things, sets forth the manner and timing of Annexation and development for ensuring that the public receives the full benefits, including the payment of fees. The Property is also subject to the Signal Landmark Reorganization Agreement between the City and Company dated June 5, 2006 (the "Reorganization Agreement"). The Reorganization Agreement sets forth the intent for Annexation to the City and provisions of water and sewer services prior to such Annexation; and City and County are public entities possessing the common power to review and approve applications for administrative and ministerial permits for development, including, but not necessarily limited to, subdivision maps, conditional use permits, grading permits and building pennits, and approvals related to the implementation, planning, and development of, real property("Implementing Approvals" as defined herein); and The development approvals for the Property prepared by or on behalf of the County(the "Development Approvals" as defined below) represent an extremely complex and integrated plan for the preservation and development of the Property. The administration and implementation of these Development Approvals requires a level of staffing, expertise, 1 knowledge and experience with respect to the development of the Property that is possessed by the County employees and officials that have been intimately involved in the planning process; and City and Company entered into the Reorganization Agreement and the Pre-Annexation Agreement to ensure that Annexation of the Property does not prevent or delay development of the Property to the full extent permitted by the Development Approvals. The Pre-Annexation Agreement is incorporated herein by this reference; and Company is concerned that the phased development and Annexation of the Property occurs in a manner that preserves Company's vested rights and entitlements thereto. In addition, Company also desires that the later and future phases of the Project, which are contingent upon the timely issuance of permits and approvals,proceed as contemplated and planned. Company further desires to prevent the Annexation from affecting, altering or changing the limitations, reservations, exceptions and authority contained in the Development Approvals; and Company and the Orange County Fire Authority(the "OCFA")have executed that certain Secured Fire Protection Agreement(the "Secured Fire Protection Agreement") dated July 20, 2006; and City and OCFA have executed that certain Assignment of Secured Fire Protection Agreement (the "Assignment Agreement") dated September 28, 2006. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, or all letters capitalized, when used in the Agreement. The defined terms include the following: 1.1.1 "Agreement" means this Cooperative Agreement. 1.1.2 "Annexed" means the completion of the Annexation as provided in the certificate of completion. 1.1.3 "Annexation"means annexation of the Property to the City of Huntington Beach pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §§56000 et seq.). 1.1.4 "City" means the City of Huntington Beach. 2 1.1.5 "Common Area(s)" means any real property owned in fee simple by any homeowner association, or under the control of any such homeowner association by way of easement, lease, encroachment, permit or license or other agreement, as defined in Section 1351(b) of the California Civil Code. 1.1.6 "Company" means collectively, Signal Landmark, a California corporation and, where appropriate in context, its respective successors in interest to all or any part of the Property. 1.1.7 "County" means the County of Orange, apolitical subdivision of the State of California. 1.1.8 "Development" whether or not capitalized means the improvement of the Property for the purpose of completing the structures, improvements and facilities comprising the project. The term development includes grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property,the construction of buildings and structures and the installation of landscaping and park facilities and improvements. The term "Development' does not include any building or grading activity within any Planning Area after that Planning Area is Fully Improved, as defined herein, and Annexed to the City. 1.1.9 "Development Approvals" means all permits, licenses, consents, inspections rights, privileges, agreements and other actions that: (1) are approved by County; (ii) are subject to approval or issuance by County; (iii) are approved by City for sewer and water facilities including the sewer lift station; or (iv) represent written agreements between the City and Company, and which are consistent with the Pre-Annexation Agreement or Reorganization Agreement, that relate to Development of the Property. The term "Development Approvals" includes all actions described above which are permitted, issued, agreed upon, or otherwise taken before the assumption of Implementing Approval Authority by the City over a Unit and Common Area(s) thereto. The term "Development Approvals" includes(including any modifications or amendments as described above), but is not limited to, the following Development Approvals: (a) Tentative and final subdivision and parcel maps, including, without limit,Vesting Tentative Tract Map No. 15460 and revisions thereto; (b) Coastal Development Permit No. 5-05-020; 3 (c) Brightwater Master Site/Area Plan and Project Site Plans approved by the County on October 5, 2005; (d) Subsequent Environmental Impact Report No. 551 and Addendum to Subsequent Environmental Impact Report No. 551; (e) Grading and building permits; and (f) Habitat Management Plan 1.1.10 "Development Plan"means the plan for Development of the Property, including the planning and zoning standards,regulations, and criteria for the Development of the Property contained in and consistent with the Development Approvals. 1.1.11 "Fully Improved" means in relation to Units, that the County has determined that all structures have received all inspections and fully comply with all laws such that there is no further unmet conditions to occupancy for any Unit pursuant to the Development Approvals and Development Plan. "Fully Improved" with respect to Common Areas shall mean that all structures and improvements have received all inspections and fully comply with all laws such that there is no further unmet condition to the use of such structures and improvements and for all fuel modifications zones shall mean that OCFA shall have given final approval for revegetation prior to the transfer of any such Common Area to any homeowners' association. With respect to all Public Improvements, "Fully Improved" means a certificate of completion or like certificate has been issued. For park improvements, "Fully Improved" shall also mean that the "Grow In/Maintenance Period" shall have expired. For Street Improvements, "Fully Improved" shall also mean that all streets within a recorded final map have been completed, including the final lift installed, and that all such streets have been accepted and bonds therefore have been exonerated except for any maintenance bonds. 1.1.12 "Implementing Approvals" means the common law power to review and approve applications for administrative, discretionary and ministerial permits for development, including, but not necessarily limited to, subdivision maps, conditional use permits, grading permits and building permits, and approvals related to the implementation, planning, and development of, real property and the power to review,inspect, approve and issue certificates of completion for improvements constructed pursuant to any and all such permits. 1.1. 13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies governing Development and use of land applicable to the Property pursuant to the Development Approvals, the Development Plan, this Agreement and the Pre-Annexation Agreement. The term "Land Use Regulations" also includes ordinances, resolutions, rules, regulations and official policies related to permitted use of land, development fees, exactions, impositions, the density or intensity of use, subdivision requirements and the maximum height and size of proposed buildings. The term "Land Use Regulations" also includes ordinances, resolutions, rules, regulations and official policies governing the reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, which are not in conflict with 4 the Development Approvals. 1.1.14"OCLAFCO"means the Orange County Local Agency Formation Commission. 1.1.15 "Phase One" shall mean Lots 21 - 28 and 47—51, Lot Y and portions of Lot B and E of tract 17032 and lots 8— 11 and 60—65 and a portion of Lot A of tract 17034 of the Property. 1.1.16 "Project" means the Development of the Property consistent with the Development Approvals, Land Use Regulations and/or Development Plan. 1.1.17 "Property" means the real property described in Exhibit A and shown on Exhibit B to this Agreement. 1.1.18 "Public Improvements" means all public streets,water and sewer facilities. 1.1.19 "Unit" means with respect to a single family residence, the legal lot or parcel and the residential housing unit located thereon but shall not include any exterior landscaping. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit A- Legal Description of the Property. Exhibit B - Map of the Property. Exhibit C—Fees and Obligations Exhibit D—Schedule of Deadlines 1.3 Construction. The word "include" or any form of the word "include" shall be construed and interpreted to add the phrase "without limitation." 2. OBJECTIVES AND INTENT 2.1 Objectives. The objectives of this Agreement are to: 2.1.1 Ensure that, prior to Annexation of the Property to City, the Property is timely developed in substantial compliance with, and to the full extent permitted by, the Development Approvals and the Development Plan, and that Development Approvals are timely issued so as to avoid any unnecessary delays in the planning and permitting process for the Project. 2.1.2 Ensure that development of the property proceeds in a manner that preserves the public benefits associated with the Development Approvals and Development Plan. 2.1.3 To provide a process for the City's assumption of City functions after Annexation. 5 GTDA:Hearthside cooperative 2.2 Intent. The Parties, through this Agreement, intend that the City will assume all City functions over any Unit, Common Areas, and Public Improvements, on the date that the Unit, Common Areas, and Public Improvements becomes Fully Improved and Annexed to the City. The Parties also intend that the County shall exercise its authority in conformance with the Development Approvals and Land Use Regulations in effect as of the Effective Date of this Agreement prior to Annexation and the Unit, Common Areas and Public Improvements become Fully Improved. This Agreement and the Pre-Annexation Agreement shall be administered, implemented, construed and interpreted in a manner that is consistent with the Development Approvals, the Development Plan and the "intent" and "purpose" provisions of this Agreement. Furthermore,notwithstanding anything to the contrary in this Agreement, the Pre-Annexation Agreement, or the Reorganization Agreement, the Parties intend that in no event shall the completion or occupation of the Project impede the City's Annexation of the Property under the Cortese-Knox-Hertzberg Act of 2000 (Government Code §§56000 et seq.). 3. AUTHORITY 3.1 Performance of Municipal Functions. 3.1.1 The County shall exercise Implementing Approval Authority in substantial compliance with the provisions of the Development Approvals and Development Plan prior to Annexation, except that the County may retain Implementing Approval Authority following annexation as provided in Section 3.1.3 below. 3.1.2 The City shall exercise Implementing Approval Authority in substantial compliance with the provisions of the Development Approvals, Development Plan, Reorganization Agreement with respect to development of the water and sewer facilities, including sewer lift station, prior to Annexation. 3.1.3 The City shall exercise Implementing Approval Authority in substantial compliance with the provisions of the Development Approvals, Development Plan and the Pre-Annexation Agreement after Annexation. In the event OC LAFCO exercises its authority to annex all of the territory to the City in advance of the issuance of building permits for the entire Development, County shall continue to have Implementing Approval Authority in substantial compliance with the provisions of the Development Approvals and Development Plan until such time as all building permits have been issued and the Development has been Fully Improved. 3.2 Special Purpose Fees. City and County, respectively, shall be entitled to collect and keep those special purpose fees as indicated on Exhibit C attached hereto. 3.3 Exoneration of Bonds. County shall be solely responsible for the inspection of any and all subdivision improvements installed within or outside the Project boundaries, the permits for which were issued by County. County shall be solely responsible for determining the extent to which any and all such improvements have been completed in accordance with all subdivision improvement agreements executed with the County and whether applicable subdivision bonds should be released. 6 G:PDA:Hearthside cooperative City shall be solely responsible for the inspection of any and all public improvements installed within or outside the Project boundaries, the permits for which were issued by City. City shall be solely responsible for determining the extent to which any and all such improvements have been completed in accordance with all improvement agreements executed with the City and whether applicable bonds should be released. 3.4 Dedication of Public Streets. It is hereby agreed that the right-of-way and improvements to Los Patos street and Bolsa Chica Street within the boundaries of the Vesting Tentative Map will be dedicated to the County on the final maps recorded on the portions of the Property including the right-of-way, but that the right-of-way shall be transferred to the City in conjunction with the Annexation of the Property to the City. 3.5 Utilities. City agrees to provide all water and sewer facilities necessary for the development of the Property. The Company hereby agrees to cause all portions of the Property to be connected to the City's water and sewer facilities. 3.6 OCFA. Subject to the separate agreement between City and OCFA, OCFA shall provide all pre-construction, construction, inspection and fire related development services including, without limitation, methane mitigation, oil well mitigation,pre-construction consultation, plan check, inspections, and post-construction certifications; as applicable,but in accordance with California Building&Fire Standards/Codes with local amendments. Following the date on which a Unit, Common Area, and Public Improvements are Fully Improved and Annexed, City shall assume all such services and functions, including Implementing Approval authority and OCFA approval authority, for any Unit, Common Areas, and Public Improvements when that Unit, Common Areas, and/or Public Improvements becomes Fully Improved and Annexed and the City is in possession of records that enable the City to provide planning and building permit services for that area. The County shall notify the City, in writing, within ten (10) days after the County has determined that any Unit, Common Areas, and/or Public Improvements, is Fully Improved and Annexed. 3.7 CC&Rs. Project CC&Rs for the Property shall be subject to approval by the County. 3.8 Street Lights. All street lights shall be constructed in accordance with existing County standards. 3.9 Street Names/Street Name Signs/Addresses. All street names shall be reviewed by the City to prevent duplication, street addresses shall be reviewed to coordinate with City's public safety dispatch system and all street name signs shall be constructed in accordance with existing City standards. 4. SPECIAL PROVISIONS 4.1 City Resolutions. City has,prior to the Effective Date of this Agreement, adopted resolutions that ensure consistency between the Huntington Beach General Plan, Zoning and Subdivision Ordinance and the Development Approvals and Development Plan. The City 7 G:PDA:Hearthside cooperative Council has also authorized the execution of this Agreement and determined that this Agreement is fully consistent with the authority of the City and City Council pursuant to law. 4.2 City Commitments. City, in exercising any authority over the Property shall fully comply with, and conform to,the provisions of the Development Approvals, Development Plan, and the Pre-Annexation Agreement. City shall not take any action that could prevent, interfere with, or delay development of the Property to the full extent permitted by the Development Approvals, Development Plan, the City's General Plan and/or the Pre-Annexation Agreement. City shall not take any action that would delay, prevent or interfere with any dedication of open space or valuable habitat by the Company or any acceptance of open space or valuable habitat by the County or other entity. 4.3 City Consideration. City shall be entitled to charge, receive and retain all fees described in Exhibit D to this Agreement. 4.4 County Officers. The County Executive Officer(CEO) shall designate the County officers, employees and contractors that are to perform the services contemplated by, and exercise the authority transferred pursuant to, this Agreement. The Parties contemplate that the CEO will designate the same officers, employees and contractors that have, prior to the effective date of this Agreement, been performing services or exercising powers related to the County's Implementing Approval Authority. 4.5 Uninhabited Territory. The Parties agree as of October 25, 2007, the Property was "uninhabited"territory, as defined by California Government Code Section 56046. 4.6 Waiver of Protest. Company acknowledges that pursuant to Section 3.6.4 of the Pre-Annexation Ageement, Company has agreed to waive its right to protest the annexation of the Property to the City and to further waive its right to protest the annexation fee, and pursuant to Section 4.12 of the Pre-Annexation Agreement, the burdens, obligations and benefits of Section 3.6.4 are binding upon all successors in interest to the Property. Accordingly, Company for itself and its successors in interest agrees to include in each Purchase and Sale Agreement (defined below) for the sale of a Unit that will close prior to the annexation of the Phase that includes the Unit a provision reasonably approved by OCLAFCO. (i) disclosing such waiver to Buyer (defined below) and (it) including an agreement by Buyer to be legally bound by such waiver. For the purposes of this Section 4.6, "Purchase and Sale Agreement" shall mean any purchase and sale agreement under which Company sells any interest in the Property to Buyer, including the sale of any residential unit constructed thereon by or on behalf of Company; "Buyer" shall mean the person(s) purchasing or otherwise acquiring any interest in the Property, including any residential unit constructed thereon. 4.7 Schedule of Deadlines. The City has been providing certain municipal services, including sewer and water, to the Project under an interim Out-of-Area Service Agreement dated June 5, 2006 approved by OCLAFCO pursuant to Government Code Section 56133. The Parties agree that, notwithstanding any provision of this Agreement, the Pre-Annexation Agreement, or the Reorganization Agreement, in the event the Company fails to meet any deadline set forth in the Schedule of Deadlines attached hereto as Exhibit D and incorporated by reference herein, 8 G:PDA:Hearthside cooperative LAFCO may immediately revoke its approval of the Out-of-Area Agreement or record a certificate of completion for the annexation of the entire Property regardless of any phased recordation previously contemplated. 5. COOPERATION 5.1 Cooperation. City shall provide any assistance requested by County with respect to the implementation and administration of the Development Approvals, the Development Plan and this Agreement. City shall review, permit, inspect and exercise its right regarding the water, sewer and sewer lift station facilities. City and County shall cooperate with one another relative to any other action necessary to ensure that County retains the authority to perform the functions required by, or to achieve the objectives of the Agreement. 5.2 Records. City and County have identified the type and nature of County records and the mechanisms for the transmission of those records, that would facilitate the City's assumption of City functions, including Implementing Approval Authority, after any Unit and Common Area(s)thereto is Fully Improved and Annexed. In identifying the type and nature of the records, the City and County have given special consideration to the type of information that is necessary to issue building permits for other than initial construction and the provision of municipal services such as police, fire personnel and property maintenance. In establishing the mechanism for transmission, the City and County have given special consideration to the format and medium for transmitting relevant information that would be most easily incorporated into the City's databases and that would minimize the cost of transfer/transmittal. City and County shall, within thirty(30) days after the effective date of this Agreement, implement a program for transmission of all records determined to be relevant to the City's exercise of City functions, including Implementing Approval Authority. Any inability on the part of either City or County to implement this program shall not impair the validity of this Agreement. 5.3 Certificate of Occupancy. Notwithstanding anything to the contrary in this Agreement, the Pre-Annexation Agreement, or the Reorganization Agreement, in no event shall a Certificate of Occupancy for any structure in any phase of Annexation of the Property, other than Phase One, be issued prior to the recordation of a certificate of completion for that phase of the annexation. 6. RESERVED. 7. MISCELLANEOUS PROVISIONS 7.1 Term of Agreement. This Agreement shall continue in full force and effect with respect to the Property for a period of five (5) years after the effective date and shall continue in full force and effect thereafter until all entitlement granted by the Development Approvals has been completed or unless the conditions for expiration specified in Section 51302 of the Government Code are satisfied. 7.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties, and all oral or written representations, 9 GTDkHearthside cooperative understandings or agreements are expressly stated in this Agreement. No testimony or evidence of any such representations, understandings, or covenants, shall be admissible in any proceeding or any kid of nature to interpret or determine the terms or conditions of this Agreement. 7.3 Severability. If any term, provision, covenant, or condition of this Agreement is ruled invalid, void, or unenforceable by a court of competent jurisdiction, this Agreement shall nonetheless remain in full force and effect as to all remaining terms, provisions, covenants, and conditions. 7.4 Interpretation and Governing Law. This Agreement and any related dispute shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed according to its plain language and fair and common meaning to achieve the objectives and purposes of the Parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement since all Parties have been represented by counsel. 7.5 Indemnification. City shall defend, indemnify, and hold harmless the County, its officers, employees and agents with respect to any claim, damage, loss, cause of action, lawsuit or preceding that arises out of or is in any way related to any act or omission by City or its officers, employees or agents in the performance or non-performance of any duty or obligation pursuant to this Agreement. County shall defend, indemnify, and hold harmless the City, its officers, employees and agents with respect to any claim, damage, loss, cause of action, lawsuit or proceeding that arises out of or is in any way related to any act or omission by County or its officers, employees, or agents in the performance or non-performance of any duty or obligation pursuant to this Agreement. 7.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 7.7 Singular and Plural. As used herein, the singular of any word includes the plural. 7.8 Waiver. The failure of a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure of a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of that Party's right to demand and require, at any time, the other Party's strict compliance with the terms of this Agreement. 7.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 7.10 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall insure to, all successors in interest to the Parties to this Agreement. 7.11 Specific Performance. The Parties acknowledge that monetary damages may be inadequate to remedy any breach of this Agreement by either Party. Accordingly, the Parties 10 G:PDA:Hearthside cooperative agree that any beach of this Agreement shall also entitle the non-breaching Party to file an action for specific performance in a court of competent jurisdiction. 7.12 Counterparts. This Agreement may be executed by the parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 7.13 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any Party for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California. The Parties waive all provisions of law providing for the filing,removal or change or venue to any other court. 7.14 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the others to the extent contemplated by this Agreement to achieve the objectives of this Agreement. Upon the request of either party at any time, the other party shall promptly execute,with acknowledgement or affidavit if reasonably required, and file or record instruments and writing. The Parties shall also take any action that may be reasonable necessary under the terms of this Agreement to carry out the intent and to achieve the objectives of this Agreement. 7.15 Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of the parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of Development Agreements. The Parties shall cooperate in good faith with respect to any amendment proposed in order to clarify that intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. 7.16 Authority to Execute. Any person or persons executing this Agreement on behalf of the City and County warrants and represents that he/she has the authority to execute this Agreement on behalf of his/her agency and to bind that Agency to the performance of its obligations pursuant to the Agreement. REST OF PAGE INTENTIONALLY LEFT BLANK 11 GTDAMearthside cooperative 7 17 Notice All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and shall be deemed served when delivered personally or on the third business day after deposit in the United States mail, postage prepaid, first class mail addressed as follows To City To County Planning Director Director of Planning and Development Services City of Huntington Beach County of Orange 2000 Main Street 300 North Flower Street Huntington Beach, CA 92648 Santa Ana, California 92703-5000 To OCLAFCO To Company Orange County Local Agency Formation Hearthside Homes Commission 6 Executive Circle, Ste 250 12 Civic Center Plaza, Room 235 Irvine, CA 92614 Santa Ana, CA 92701 Attn Ed Mounford Attn Joyce Crosthwaite IN WITNESS THEREOF,the parties hereto have executed this Agreement on MAV , 200L COUNTY OF ORANGE CITY OF HUNTINGTON BEACH A olitical subdivision of the State f California A California municipal corporation Chairman of the Board of Supervisors Mayor SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN y Clerk DELIV RED TO TH O CHAIR APPROVED AS TO FORM Darl&i1e J Bloom ` f'-JZ�90-�` i?:::/3 f b7 Clerk of the Board Of Supervisors City Attorney AAPP VE O FORM INIT TED AND APPROVED Be,�amm P—de ayo, County Counsel Director Sf Planning REVIEWED AND APPROVED City AdGinistrator r 12 ORANGE COUNTY LOCAL AGENCY SIGNAL LANDMARK FORMATION COMMISSION A California corporation 9 By Or2 cc c�- Chaff an of OCAFCO Its G C ftOVED AST EGAL ORM By Its GAb Scott Smrth, Gene 1 13 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On November 20, 2007, before me, Collece Wilcox, a Notary Public for the State of California, personally appeared, Raymond J. Pacini and Sandra G. Sciutto, personally known to me to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public COLLECE IMLCOX Collece Wilcox Commission#16055to .'� Notary Punic-Caurornio My Commission Expires: September 10, 2009 Orange County My Comm.Expires Sep In 13 p DESCRIPTION OF ATTACHED DOCUMENT: Cooperative Agreement By and Among the County of Orange, the City of Huntington Beach, Signal Landmark& OC LAFCO Regarding Annexation of the Brightwater Development Project EXHIBIT A BRIGHTWATER LEGAL AID EXHIBIT THAT PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO. CC 92-01, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, PER DOCUMENT RECORDED SEPTEMBER 2, 1992 AS INSTRUMENT NO. 92-589755 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF LOT B OF TRACT NO. 15734, AS PER MAP FILED IN BOOK 797, PAGES 40 THROUGH 42, INCLUSIVE, OF MISCELLANEOUS MAPS IN SAID OFFICE OF THE COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID LOT B OF TRACT NO. 15734; THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID LOT B, SOUTH 34002 '08" EAST, 24.32 FEET; THENCE, LEAVING SAID SOUTHWESTERLY LINE OF LOT B, SOUTH 89°21 '32" EAST, 16.57 FEET; THENCE, SOUTH 00*38128" WEST, 23.95 FEET TO SAID SOUTHWESTERLY LINE OF LOT B; THENCE, ALONG SAID SOUTHWESTERLY LINE OF LOT B, SOUTH 34002108" EAST, 551.23 FEET; THENCE, ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 15734, NORTH 89058 '30" EAST, 323 .00 FEET TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN A QUITCLAIM DEED RECORDED NOVEMBER 3, 1959 IN BOOK 4960, PAGE 87 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE QUITCLAIM DEED, SOUTH 00°10 '29" WEST, 555.39 FEET TO THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING AND DISTANCE OF "SOUTH 55`55123" WEST, 109.74 FEET" IN THE NORTHERLY BOUNDARY OF AN "IRREVOCABLE OFFER OF DEDICATION IN FEE FOR OPEN SPACE, HABITAT ENHANCEMENT AND PUBLIC ACCESS PURPOSES- RECORDED DECEMBER 05, 2005 AS INSTRUMENT NO. 2005000970073, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER; THENCE, ALONG SAID NORTHERLY BOUNDARY OF SAID OFFER OF DEDICATION, THE FOLLOWING COURSES; SOUTH 55055 '23" WEST, 109.74 FEET; SOUTH 55049'21" WEST, 127.09 FEET; SOUTH 44024'16" WEST, 82 .15 FEET; SOUTH 73047'18" WEST, 29.41 FEET; SOUTH 61037 '27" WEST, 60 .35 FEET; SOUTH 62025 '42" WEST, 53 .70 FEET; SOUTH 62041'17" WEST, 50.15 FEET; V:PROJECTS\2042341410\s=ap\LEGALS\BRIGHTWATER PROJECT AREA+OOD.doc 1 SOUTH 72035'28" WEST, 100.45 FEET; SOUTH 55044'37" WEST, 114.79 FEET; SOUTH 49022 ' 16" WEST, 39.37 FEET; SOUTH 70015 '15" WEST, 41.57 FEET; SOUTH 88031 '08" WEST, 17.51 FEET; NORTH 89031'28" WEST, 66.14 FEET; SOUTH 88005'41" WEST, 55.11 FEET; SOUTH 83039'51" WEST, 31.84 FEET; SOUTH 67055'12" WEST, 18 .88 FEET; SOUTH 68056' 57" WEST, 52.58 FEET; NORTH 86059' 00" WEST, 50.59 FEET; NORTH 75024' 12" WEST, 53 .32 FEET; NORTH 82053'05" WEST, 51.28 FEET; SOUTH 71021'20" WEST, 52.46 FEET; SOUTH 71021'20" WEST, 69.49 FEET; NORTH 79052' 55" WEST, 58.33 FEET; NORTH 61027'07" WEST, 46.07 FEET; NORTH 69040'17" WEST, 81.44 FEET; NORTH 70013 ' 12" WEST, 82.15 FEET; NORTH 65040'24" WEST, 65.61 FEET; NORTH 42028 '44" WEST, 56.43 FEET; NORTH 00059' 06" WEST, 56.77 FEET; NORTH 06051' 35" WEST, 63.77 FEET; NORTH 26039'54" WEST, 223.33 FEET; NORTH 28036 ' 51" WEST, 11.33 FEET; NORTH 30007'51" WEST, 30.77 FEET; NORTH 52020 ' 02" WEST, 54.33 FEET; NORTH 67042 '57" WEST, 54.44 FEET; NORTH 89059140" WEST, 57.23 FEET; SOUTH 80024 ' 06" WEST, 89.21 FEET; SOUTH 89029'48" WEST, 38.89 FEET; NORTH 60057147" WEST, 42.04 FEET; NORTH 41"24' 03" WEST, 73.54 FEET; NORTH 56055108" WEST, 60.01 FEET; NORTH 65045'31" WEST, 52.06 FEET; NORTH 81057137" WEST, 52.88 FEET; NORTH 89007136" WEST, 62.01 FEET; NORTH 86021 '40" WEST, 69.25 FEET; NORTH 86043 '43" WEST, 56.26 FEET; NORTH 78010 '38" WEST, 40.65 FEET; NORTH 54051 ' 52" WEST, 68 .81 FEET; NORTH 46045 '26" WEST, 75.55 FEET; NORTH 35052 ' 55" WEST, 62.38 FEET; NORTH 46017' 27" WEST, 83.58 FEET; NORTH 51046 '41" WEST, 64.01 FEET; NORTH 55055'52" WEST, 64.00 FEET; NORTH 61016'51" WEST, 60.49 FEET; NORTH 63011' 08" WEST, 68.02 FEET; NORTH 60009' 04" WEST, 64.11 FEET; NORTH 59029'13" WEST, 33 .61 FEET; NORTH 44003'25" WEST, 45.80 FEET; NORTH 43039'48" WEST, 64.06 FEET; V:\PROJECTS\2042341410\sumtap\LEGALS\BRIGHTWATER PROJECT AREA+OOD.doc 2 NORTH 35050' 56" WEST, 39.41 FEET; NORTH 34055 '24" WEST, 326.74 FEET; NORTH 00000 ' 00" EAST, 75.93 FEET TO THE NORTHERLY LINE OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE CC 92-01; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89012147" EAST, 546.98 FEET; THENCE, CONTINUING ALONG SAID LINE, SOUTH 89-21'32" EAST, 2001.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO. CC 92-01, AS DESCRIBED IN SAID "IRREVOCABLE OFFER OF DEDICATION IN FEE FOR OPEN SPACE, HABITAT ENHANCEMENT AND PUBLIC ACCESS PURPOSES" RECORDED DECEMBER 05, 2005 AS INSTRUMENT NO. 2005000970073, OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER. CONTAINING AN AREA OF 105.252 ACRES, MORE OR LESS. ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. PREPARED BY: LAND SU STANTEC CONSULTING INC UNDER THE DIRECTION OF: N®.71A, eycp /�J,�z�lp7 * RAY E. 14ANSUR, LS. 71 5 Q' REVISED AUGUST 17, 2006 CA JUNE 01, 2006 J.N. 2042 341410 V:\PROJECTS\2042341410\surmap\LEGALS\BRIGHTWATER PROJECT AREA+OOD.doc 3 EXHIBIT 'B SHEET 1 OF I IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA SCALE: 1" = 400' ec,,,,e''`4�'R,'�`i.h a a i`,b`h, �'4L':t^�a,e\,`"�,''+•'�„ °•a ," " e tR �"' �:t ., it.:� � eta%. MARINA VIEW PLAGE i 0N � SMNLIV\ LEE 70RL` rq •"'ia`a; R'� fix" n tr'L,t` 'w ! yi r �/�/yC� - •> � � ! 1. t . '•'t'• .• �V`vo_O'\/ia'� td.. Y� l�..Ct �l j Mom. :N-q :,= SIM5 STREET _ r 34"+,1 E °O 0 4, 4 � y ;��� eoh°,' -,'BRIGHTWATI 4� O .; _e'4 ¢. y" 4 ,j.tom. .� t .tr ]� �>• rq O LYNN STREET 0% rj h 9 f �� O rrl W'LY LINE < `O R 49G0/87 GOOL PROPERTY 49GO/87 O.R. Vi\projects\2042341410\SURMAP\DWG\SYME0027.dwg 8/17/2006 84822 AM PDT Exhibit C Fees and Obligations 1. Library Fee - $200 per unit to City, payable at building permit issuance pursuant to Section 4.4 of this Cooperative Agreement. Such payment has been received in full by the City as of May 30, 2007. 2. Water Connection Fee - $4,800 per unit to the City, payable at building permit issuance pursuant to Section 3.4.1.2 of the Pre-Annexation Agreement 3. Sewer Connection Fee - $1,749 per unit to the City, payable at building permit issuance pursuant to Section 3.4.1.2 of the Pre-Annexation Agreement 4. Annexation Fee-A$2,750,000 fee to the City is required upon the issuance of the first building permit. A fee of$8,499 per unit to the City is required for each additional unit thereafter pursuant to Section 3.5.3 of the Pre-Annexation Agreement. 5. Fire Protection Fee - $600 per unit-payable to County or City pursuant to the terms of the Secured Fire Protection Agreement. No other fire impact fees shall be charged or imposed. Exhibit D Schedule of Deadlines 1. By December 181h 2007 Signal Landmark, LAFCO, Orange County and the City of Huntington Beach will sign the cooperative agreement. 2. December 17th 2007—LAFCO agrees to record Phase One of the Annexation if the Annexation is approved by the Commission at its November 14, 2007 meeting. 3. Before or by February 15th 2008-- Signal Landmark agrees to submit draft map and legal descriptions for all remaining phases to the Orange County Surveyor's Office. 4. By May 30th 2008-- County agree to have maps and legal descriptions for all phases approved by the County Surveyor and delivered to LAFCO. 5. Signal Landmark agrees that the above mentioned items will be included as terms and conditions of the proposed Annexation. 6. Signal Landmark LLC also agrees that, in the event that it misses any of the deadlines set forth herein other than due to delays in the approval of the maps and legal description by the Orange County Surveyor, LAFCO may immediately record the entire Annexation area. RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Cooperative Agreement for Annexation of the Brightwater Development Project COUNCIL MEETING DATE: December 17, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) AttachedNot Applicable El(Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached El Not Applicable (Approved as to form by City Attorney) Certificates of Insurance A b the Cit Attorne Attached El( pproved y y y� Not Applicable Fiscal Impact Statement (Unbudget, over $5,000) Attached ElNot Applicable Attached ❑ .Bonds (If applicable) Not Applicable Attached ❑ Staff Report (If applicable) Not Applicable Commission, Board or Committee Report applicable)If a Attached El p ( pp ) Not Applicable g Findings/Conditions forA Approval and/or Denial Attached ElFindin g pp Not Applicable EXPLANAT10H FOR MVSSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: • RCA Author: SH:MBB SIGNAL LANDMARK 6 Executive Circle, Suite 250 Irvine, California 92614 Ph. (949) 250-7700 Fax (949) 261-6550 November 21, 2007 Mary Beth Broeren City of Huntington Beach, City Hall Planning Department 2000 Main Street, 3rd Floor Huntington Beach, CA Dear Mary Beth: Enclosed is the Cooperative Agreement which I have executed on behalf of Signal Landmark. I have modified the enclosed agreement to complete the definition of Phase I on page five. After the City of Huntington Beach executes the enclosed, please send me a copy of the City's signature page and forward the original to Ron Tippets at the County of Orange Planning Department for signatures. Please call me or Ed Mountford if you have any questions regarding the enclosed. Sincerely, ,104r-6L-4� Raymond J. Pacini President and CEO RJP/clw o f"i j PPS i S U---j-I--ff Sod . � �� �M 3 1 cc: Ed Mountford, Signal Landmark (A-- �L76)3 Roger Grable, Manatt, Phelps & Phillips ' Joyce Crosthwaite, LAFCO-Orange County Ron Tippets, County of Orange City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 02648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC December 19, 2007 Ron Tippets County of Orange, Planning Dept. 300 N. Flower, Room 321 Santa Ana, CA 92703 Dear Mr. Tippets: Enclosed please find one original of the Cooperative Agreement by and Among the County of Orange, the City of Huntington Beach, Signal Landmark, and the Orange County Local Agency Formation Commission Regarding Annexation of Unincorporated Real Property Commonly Known as the Brightwater Development Project. Upon execution, please return a complete copy to: Joan L. Flynn City Clerk 2000 Main Street Huntington Beach CA 92648 Your attention to this matter is greatly appreciated. Sincerely, Joan L. Flynn, CMC City Clerk JF: pe cc: Raymond J. Pacini, Signal Landmark Enclosure: Agreement G:followup:agrmtltr Sister Cities: Anjo, Japan o Waitakere, New Zealand (Telephone:714-536-5227 : City ®f Huntington Beach 2000 Main Street © Huntington Beach, CA 92648 - OFFICE OF THE CITY CLERIC ® .ROAN L. FLYNN CITY CLERIC December 19, 2007 Raymond J. Pacini Signal Landmark 6 Executive Circle, Suite 250 Irvine, CA 92614 Dear Mr. Pacini Per you request, enclosed for your records is a copy of the City's signature page for the Cooperative Agreement Between the City of Huntington Beach, the County of Orange, Signal Landmark, and the Orange County Local Agency Formation Commission regarding annexation of unincorporated real property known as the Brightwater Development Project. The original agreement has been sent to Ron Tippets at the County of Orange Planning Department for execution. Sincerely, ?an L. Flynn City Clerk JF:pe Enclosures G:followup:agrmtltr Sister Cities: Anjo, Japan o Waitakere, New Zealand Telephone:714-536-5227) ri LOCAL AGENCY FORMATION COMMISSION ORANGE COUNTY June 25, 2008 CHAIR JOHN WITHERS Director Irvine Ranch Water District TO: Distribution VICE CHAIR SUSAN WILSON Representative of General Public FROM: Esther Garcia-Negrete Commission Clerk ROBERT BOUER Councilmember City of Laguna Woods BILLCAMP13ELL SUBJECT: Signal Landmark Reorganization (RO 05-60) Supervisor Cooperative Agreement 3` District PETER HERZOG Councilmember For your records enclosed is the Cooperative Agreement among Ciry of Lake Forest the County of Orange, the City of Huntington Beach, Signal JOHNMOORLACH Landmark, and Orange County Local Agency Formation Supervisor Commission for the Signal Landmark Reorganization (RO 05-60) 2 District project. ARLENE SCHAFER Director Costa Mesa Sanitary District If you have any questions, please contact me or Carolyn Emery ALTERNATE at (714) 834-2556. PAT BATES Supervisor S"District ALTERNATE Sincerely, PATSY MARSHALL Councilmember City of Buena Park ALTERNATE RHONDAMCCUNE Esther Garci egrete Representative of General Public Commission Clerk ALTERNATE CHARLEY WILSON Director Santa Margarita Water District Cc:Polin Modanlu,Orange County RDMD Planning and Development Services Joan Flynn,Huntington Beach City Clerk JOYCE CROSTHWAITE Planning Director,City of Huntington Beach Executive Officer Ed Moundford,Hearthside Homes 12 Civic Center Plaza, Room 235,Santa Ana,CA 92701 (7 14)834-2556 • FAX(714)834-2643 h t tp://vwvw.o c I a fc o.o rg