HomeMy WebLinkAboutFile 3 of 9 - Bolsa Chica Annexation - Proposed - Bolsa Chic K ^a
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H ' CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
astr�b�ieDnU
HUNTINGTON BEACH
To Members of the City Council From Gail Hutton
-- City Attorney
! Subject Bolsa Chica Bill, SB 1517 Date August 14 , 1987
Attached please find a copy of the remarks of the mayor
which we have prepared, in .conjunction..with input from
Mayor Kelly, James Palin, Rich Bernard, Charles Thompson,
and consultant Jerry Patterson.
A copy will be presented to the members of the Assembly
Natural Resources Committee at the hearing on August 17 .
Please note that we address the last-minute amendments
received late this week . Our conversation with the
committee ' s consultant leads us to believe that the
committee staff report will also object to these amendments .
Please contact Mayor Kelly or Bob Sangster if you have any
comments or suggestions regarding these remarks .
GAIL HUTTON
City Attorney
Robert Sangster.
Home 673-2252
Sacramento (916) 446-1481 or
through Assemblyman Calderon, (916) 445-0854
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SB 1517
TESTIMONY OF
THE HONORABLE JACK KELLY
MAYOR OF HUNTINGTON BEACH
August 17, 1987
Before Chairman Byron Sher and Members of
the Assembly Natural Resources Committee
I am Jack Kelly, Mayor of the City of Huntington Beach, and I
am here today to present the city' s position on SB 1517, authored
by Senator Bergeson and sponsored by Signal Landmark, the
landowner/developer . The bill would create a special district in
an unincorporated "county island" which is completely surrounded
i by our city.
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As you can well imagine the city is vitally concerned about
the development of this property, since virtually all municipal
facilities and services of our city will be impacted by the
development . We are concerned about the financial , environmental,
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and other impacts upon the residents of our city and the proposed
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15, 000 new residents of the district, which would add
approximately 10% to the population we now serve . We are
concerned with the effects of the project on our beaches .
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Huntington Beach initially opposed Senate Bill 1517 as
creating an unnecessary level of government controlled by one
major landowner, which would be able to develop the property under
county standards, create debt for future residents to pay off, and
increase demands on surrounding city services and facilities .
In order to accommodate the interests of the landowner/
developer, which is wary of annexation to our city, and to respond
to our able State Senator Marion Bergeson, who wishes to
facilitate development of this property, the City Council of
Huntington Beach has voted to support the bill as printed , on June
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9 , 1987, so long as it .retains certain provisions which protect
major public interests and policy areas of vital concern to the
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city, its citizens , and future residents of the Bolsa Chica area .
The City has gone further and has been involved in ongoing
negotiations on various proposed amendments to this bill and on an
annexation/development agreement . As part of this process
Signal-Landmark, the County of Orange, and the city have agreed
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not to propose or support any additional amendments to this bill
that are objected to by the other party.
The particular provisions of the current bill which protect
the city' s interests and which are the foundation of the city' s
support are:
1 . , The act shall not become operative unless the county
local coastal program has been fully certified and the city' s
certified local coastal program has been amended, if necessary, to
conform to the county' s certified program; and the city, county
and landowner/developer have entered into an annexation/development
agreement . This is covered in Sections 148 and 149 of this bill .
2 . The district cannot create secured debts, financial
obligations, or encumbrances on the property without public
support of the decision. This is accomplished by a requirement in
Section 304 . 5 that at least one of. the public agency members must
vote for the obligation.
3 . Our precious natural resource of sandy beaches on the
coastline must be protected by placing responsibility for sand
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replenishment on the district . The language in Section 509
protects our beaches to a degree, and requires a funding source,
although that source has not yet been identified . The city feels
that Section 509 provides a minimum level of protection.
4 . The current bill limits the fiscal powers of the
district and provides a 1% cap on annual assessments in Section
754 . While we are concerned about the effect of the 1% cap, given
the many financial uncertainties of the project, we support the
present fiscal powers , but do not support any further increase in
those powers .
The city continues to support the June 9 version of the bill ,
despite the many financial, environmental, and administrative
uncertainties .
I must tell you that the city and I were dismayed to receive
a draft of new amendments last week. While some of these have
been discussed and agreed upon, seventeen of them are new and
included in the committee print of the bill just released today.
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There has been no opportunity for our staff and City Council to
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study and comment upon these new amendments . Obviously, the city
cannot support amendments which adversely effect public policy
areas of concern to the city. In particular, we cannot support
changes. which undercut the four points I previously articulated .
The new amendments which are objectionable and not
supportable at this point are:
AMENDMENT .NUMBER SECTION SUBJECT
11 140(f) Do not understand
amendment, which seems
to accomplish nothing
21 . 6 400 No private
32 . 5 415 organization
34 . 5 416 should manage or
41 701 hold title to the
wetlands
21 . 5 314 Why delete this
section providing for
misdeameanor
enforcement
30 410 "Amendments" should
be "Assessments" , and
the wording is vague
31 411, 412 Analysis needed for
deletionof key
wetlands provisions
43 799 A somewhat vague
44 799 rewrite on limits
to expenditures *
to bond funds .
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While the city has approved some of the other amendments,
particularly those of the State Lands Commission, it does not
support the new amendments to Sections 400 , 4101 411 , 412 , 415,
416, and 799 .
In conclusion, Mr. Chairman, the City of Huntington Beach
supports SB 1517 albeit with concerns and reservations, but does
not support these new amendments or any other amendments which are
contrary to the public interests of the city and its citizens .
Thank you for your time and courtesy, and for the opportunity
to testify today expressing our views . My staff and I are
available to respond to your questions .
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RCS : 8/14/87 :c
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65879 �� 87223 .12: 29
6ECORD # 30 t,r'': RN -07 021831 PAGE NO. 1
Substantive
AMENDMENTS TO SENATE BILL NO. 1517
AS AMENDED IN SENATE JUNE 9, 1987 (kDA
Amendment 1
on page 3, line 23, strike out the blank and
insert:
30237
Amendment 2
On page 4, line 16, strike out ", or to" strike
out lines 17 to 22, inclusive, and insert :
or the provisions of the certified Bolsa Chica Land Use
Plan
Amendment 2. 5
On page 7, strike out lines 17 to 20, inclusive ,
in line 21 , strike out " (d) " and insert :
(b)
Amendment 3
On page -7, dine 22, after "within" insert:
or excluded from
Amendment 4
On page 7, line 25, strike out "its lands within
the district" and insert :
those lands
Amendment 5
On page 7, line 29, strike out "within" and
insert :
included within or excluded from
Amendment 6
on page 7, line 33, after "incorporation",
insert:
or detachment
Amendment 7
On page 8, strike out lines 11 and 12
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65 87 9 87223 12: 29
FECORD 40 BP: RN 87 021831 PAGE NO. 2
Amendment 7. 5
On page 8, between lines 29 and 30, insert:
Sec. 110.5. "Harbor commission" means the Bolsa
Bay Harbor and Conservation District Commission.
Amendment 8
On page 10 , line 31 , after "includes" insert :
any and
Amendment 9
On page 10 , between lines 33 and 34, insert:
Sec. 120.5. "State Lands Commission" means the
state agency holding title to and management authority and
responsibility over the state's sovereign and public trust
lands.
Amendment 9. 5
on page 11 , line 27 , after "restore, " insert:
create,
Amendment 10
On page 11 , line 40, strike out "!Maintain" and
insert:
Enter into agreements with the state to provide desired
services which may include, but are not limited to, the
authority to maintain
Amendment 11
On page 12, line 12, strike out "Nothing" and
insert:
Nothing
Amendment 12
on page 12, line 19, strike out "state" and
insert:
State Lands Commission
Amendment 13
on page 13 , line 16, after "trust" insert:
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•65879 87223 12 :_29
RECORD # 50' riF: RN 87 021831 PAGE NO. 3
as determined by the State Lands Commission
Amendment 14
On page 13, lines 29 and 30, .strike out "prior
to tentative approval of any subdivision saps" and insert:
in the manner provided in the annexation-development
agreement required by Section 149
Amendment 14. 5
On page 13 , line 39, after "area" insert:
as long as the agreement does not conflict with or
preempt any provision of the certified Bolsa Chica Local
Coastal Frogram
Amendment 15
on page 14, line 11 , strike out "on or before
January 1 , 1988, "
Amendment 16
'on page 14, line 20, after "state" insert:
unless expressly so stated
Amendment 17
On page 14, lines 22 and 23 , strike out
"providing a level of environmental protection less than
that of" and insert:
preempting
Amendment 17. 5
On page 17, strike out lines 7 to 25, inclusive,
in line 26, strike out "Sec. 205. " and insert:
Sec. 204.
Amendment 18
On page 17, strike out lines 37 and 38
Amendment 18. 1
On page 20 , line 21, strike out "January 1 and
March 30" and insert:
December 1 and February 28
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65879 ('1 872'23 12: 29
BECOBD # 55 bxr * RN �67 021831 PAGE NO. 4
Amendment 18. 2
on page 20 , line 28, after "district" insert:
upon receipt of verification from the registrar of voters
pursuant to Section 228
Amendment 18. 3
On page 22 , line 29 , strike out "At its next
regular meeting following the" strike out line 30 and
insert:
After the preparation of the certificate, the district
shall hold a meeting and
Amendment 18. 4
On page 22 , line 33, after the period insert:
If at all possible, the meeting shall to held in time to
allow residents to qualify as resident voters in the next
district election.
Amendment 18. 5
On page 23 , line 34 , after "are" insert:
elected
Amendment 18. 6
On page 24, line 1 , strike out " 120" and insert:
150
Amendment 18. 7
On page 24 , line 2, after the period insert:
No petition shall be filed any later than 150 days
,preceding the next general district election.
Amendment 18. 8
On page 24, line 21 , strike out "88" and insert:
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120
Amendment 19
on page 26 , line 24, after "any" insert:
private
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65879 87223 12: 29
RECORD # 60 'Li: RN '-67 021831 PAGE No. 5
Amendment 20
On page 26 , line 26, after the period insert:
However , in no case shall the district exercise its power
of eminent domain in a manner which results in a net
reduction of wetlands acreage, environmentally sensitive
habitat areas acreage, or fish and wildlife habitat values_
Amendment 21
On page 26, between lines 37 and 38, insert :
Sec. 304. 5. No bonds, assessments, or
obligations which constitute liens, charges, or
encumbrances on real property within the district ■ay be ,
incurred or imposed by the district, and no resolution of
intention to issue bonds may be adopted, except upon the
affirmative vote of four members of the harbor commission .
In the event the harbor commission is enlarged pursuant to
Section 204, two public members shall affirmatively vote
for such financial bonds, assessments, or obligations.
Amendment 21. 5
On page 28, strike out lines 28 .to 30, inclusive
Amendment 21. 6
On page 29 , line 16, after "district" insert:
any agency or organization managing the wetlands,
Amendment 21. 7
On page 29, line 22, strike out "certified"
Amendment 22
On page 29 , line 23, after "Program' insert
when certified
Amendment 23
on page 29 , line 25, after the second "lands"
insert :
at the option of the state,
! Amendment 24
On page 29 , lines 26 and 27, strike out "by the
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65879 t 87223 12: 29 .
RECORD 71 BF: RN 87 021831 PAGE NO. 6
execution, acknowledgement, and recordation of a deed from
the owner to the state" and insert :
Pursuant to subdivision (d) of Section 50
Amendment 25
On page 29, strike out lines 28 to 39, inclusive
Amendment 26
On page 30 , line 1, strike out "shall" and
insert :
may
Amendment 27
On page 30., lines 2 and 3 , 'strike out "by the
recordation of a deed from the owner to the state and" and
insert :
pursuant to subdivision (d) of Section 50 and the district
shall discharge
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Amendment 28
On page 30, line 4, strike out "discharged"
Amendment 29
On page 30 , between lines 8 and 9, insert:
Sec. 409. There shall be a minimum of 915 acres
of high quality, fully functioning wetlands and 86.8 acres
of environmentally sensitive habitat areas created or
restored onsite in the Bolsa Chica study area, as required
by the Bolsa Chica Land Use Plan dated December 1985 , and
conditionally certified by the coastal commission. All
development within the Bolsa Chica study area shall be in
conformance with the wetlands Restoration Plan prepared as
part of the Bolsa Chica Local Coastal Program and with the
biological resources management components policies of the
Bolsa Chica Land Use Plan. any changes to the Bolsa Chica
Land Use Plan are subject to the review and approval of
the coastal commission.
Amendment 30
On page 30, line 16, after the period insert:
However , the initial deposit of one thousand eight hundred
dollars ($ 1, 800) per dwelling unit does not in any way
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65879 87223 12: 29
BECORD # 80 �: RN
7 021831 PAGE NO: 7
limit the district 's authority to levy additional
amendments on the mesa area as may be needed to assure
adequate funding to accomplish restoration and maintenance
of the wetlands and environmentally sensitive habitat
areas, as specified in the Bolsa Chica Land Use Plan.
Amendment 31
On page 30 , strike out lines 17 to 40, inclusive,
and on page 31, strike out line 1
Amendment 32
On page 31 , lines 3 and 4, strike out "State
Joint Exercise of Powers with the District" and insert:
Agreement between the District , the State Lands Commission ,
the Department of Fish and Game, and other agencies or
organizations
Amendment 32. 5
On page 31 , line 7, after the comma insert:
any agency or organization holding title to or managing
the wetlands ,
Amendment 33
On page 31 , lines 8 and 9, strike out "for the
joint exercise of powers relating to the" and insert:
relating to their
- Amendment 34
On page 31 , line 12, after the first "the"
insert :
ongoing maintenance and preservation of the restored
Amendment 34. 5
Ou page 31 , line 17, after "Commission ," insert :
any agency or organization holding title to or managing
the wetlands,
Amendment 35
on page 31 , line 19, strike out "the wetlands
restoration plan . In" strike out lines 20 to 25 ,
inclusive , and insert :
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RECORD 9 95 ,L` RN ;7 021831 PAGE NO. 8
the ongoing maintenance and preservation of a functioning
viable habitat pursuant to the local coastal program, when
certified_
Amendment 36
On page 31 , strike out lines 30 and 31 and
insert:
the ongoing maintenance and preservation of the wetlands
pursuant to the wetlands restoration plan in perpetuity.
Amendment 36. 5
On page 33 , line 18, after the period, insert:
The district shall not exercise. its powers in a manner
which unreasonably restricts the public from navigation
upon navigable waters within the ocean entrance and harbor
facilitiEs.
Amendment 37
on page 35 , line 27, after "beaches" insert:
within the littoral cell from Anaheim Bay to Newport Bay
Amendment 38
On page 35, line 29, after "entrance" insert :
as determined by the State Land Commission
Amendment 39
on page 35, line 30, strike out "sources"
Amendment 40
On page 36 , between lines 24 and 25, insert:
Sec. 605. Aeither the district nor the city may
imFose a water rate or water fee on the delivery,
transmission , or provision of unappropriated nonpotable
water used in connection with the implementation of the
wetlands restoration plan_ Except for flood control
purposes, the district shall not restrict, direct, or
terminate the flow of nonpotable water required for the
restoration and for xaintenance of the wetlands.
Nonpotable water includes, but it not limited to, feasible
runoff arising from the southern bluffs and the
iintersburg Flood Control Channel and tidal waters_
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RECORD # 1210 °• RN 07 021831 PAGE NO. 9
Amendment 41
on page 39 , strike out lines 24 and 25 and
insert:
Commission , the Department of Fish and Game, and any
agency or organization holding title to or managing the
wetlands, by July 1 of each year for their review
consistent with the budget responsibilities set forth in
Section 416- The agencies shall have 30 days in which to
review the preliminary budget and to provide comments to
the harbor commission on the adequacy and sufficiency of
the budget for contribution to the funds identified in
subdivisions (b) and (c) of Section 700-
Amendment 42
On page 48, line 8, after "of" insert:
the annual assessments for standby charges, existing bond
issues, and
Amendment 43
On page 48, line 12, strike out "not" and
insert:
only
Amendment 44
On page 48, strike out lines 13 to 16, inclusive,
and insert:
acquire or construct public works or public facilities
that may be defined by applicable county or city
guidelines or standards or as provided by the development
agreement specified in Section 149.
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` r REQUEST _FOR CITY COUNCIL ACTION RCA 87-7
Date 7- 31-87
Submitted to: Honorable Mayor and City Council Members
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Submitted by: Charles W. Thompson, City Administr r
Prepared by: James Palin, Deputy City Administrator/Zoning & �LCJ
Richard Barnard, Assistant to the City Administrat r
Subject:
SB 1517 (Bergeson) PRE ANNEXATION DEVELOPMENT AGREEMENT
gpppo1.9el R, C_
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception 6— O
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
Statement of Issues:
Senator Bergeson's office requested that the city, county, and landowner show a good
faith effort on the Annexation/Development Agreement by July 31, 1987, as well as have
amendments to her office for inclusion in SB 1517. These amendments are required to be
printed in legislative council form at least one week prior to the August 17, 1987, meeting
for submission to the Natural Resource Committee. Therefore, it is necessary to review
and make recommendations to her office no later than August 4, 1987.
Recommendation:
A. Approve the transmittal letter and authorize staff to transmit a joint
communication to Senator Marian Bergeson presenting the status of the Joint
Development Agreement between the City, County, and Signal Landmark.
B. Concur with City staff concerning Signal Landmark's proposed amendments to
SB 1517 as submitted to city on 7/29/87, and
C. Reaffirm city position with regards to major policy issues within SB 1517.
Analysis•
This past week the city's staff legislative team and outside special counsel, Katherine
Stone and Jerry Patterson, have met with the landowner and county staff members to
discuss the additional amendments requested by Signal. As indicated in the joint
communication attached herewith, for your review, the city staff members can
recommend to the Council that we not object to the developer's proposed amendments 1,
3, 5, & 6, subject to the developer obtaining concurrence from the Senate and Assembly
Natural Resource Committee staff members. Amendment #2 is necessary, in that the
subject of annexation has been moved back to just prior to the issuance of building
permits or upon the issuance of building permits. However, at this point, neither side has
conceded with the others position. Staff will continue to negotiate in good faith to
consider and resolve this point as stated in the joint communication. Amendment #4 is a
carry over from an earlier draft of the legislation, which is no longer necessary,
PIO 5/85
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therefore, the city agrees with the amendment. Much discussion took place on
Amendment-5 & 6. As 5 is a totally new section and 6 would replace the existing 411, &
412, which were added by the Senate Natural Resource Committee, city staff felt that it
would be in appropriate for us to comment on provisions that would amend a prior
committee's action. Therefore, we have told Signal that we do not oppose the provision,
however, it would be necessary.for them to discuss these amendments with the staff of
the Senate Natural Resource Committee to get total concurrence on the language of such
amendments.
During the course of discussion on the requested amendments, Signal also had a request
for the Mello Roos, subject to restrictions and limitations. However, as the subject is
extremely complex and many questions were raised during the discussion, Signal indicated
that it would withdraw their request for such authorization at this time. Signal
representatives also indicated that it would be desirous to have the district in operation
prior to certification of the LCP to allow the district to work with Sanitation District 11
on the main sewage trunkline necessary for the northern part of the city. Section 148 of
the Bill does not allow the act to become operative until certification of the LCP which is
projected to be June of 1989.
As I indicated previously in this communication, there is attached herewith, a joint
communication to the Honorable Marian Bergeson from the county, landowner, and City
of Huntington Beach on progress being made for the joint agreement pursuant to Section
149 of Senate Bill 1517. As there was a self imposed deadline of July 31, 1987, to attempt
to draft a development agreement, it is important to demonstrate that all representatives
are negotiating in good faith but that the agreement is premature until there is more
progress made on the planning, infrastructure, phasing, and other requirements of the
project. The communication was jointly drafted by Joe Combs, Legal Counsel for Signal,
and the City's special counsel and generally agreed to by the negotiating team. Staff will
be present to discuss with the Council both the list of amendments requested by Signal as
well as the joint communication to Senator Bergeson's office at your meeting.
Funding Source: None
Alternative Action:
1. Upon review of the proposed amendments Council may decide not to endorse the
requested amendments.
2. The Council may add additional proposed amendments for transmission to
Senator Bergeson.
3. Council may request that SB 1517 be made a two year bill.
Attachments:
1. The joint communication to the Honorable Marian Bergeson.
2. Attached amendments requested by Signal for review.
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j 3. Copy of letter from Natural Resource Committee dated July 28, 1987.
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CWT:JP:RB/paj
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DRAFT
July 30, 1987
Honorable Marian Bergeson
State Senator
State Capitol
Sacramento, CA 95814
Re: SB 1517
Dear Senator Bergeson:
The purpose of this joint letter is to mutually advise you
of the status of negotiations between staff of the Developer,
County and City.
k 1: Subject to reaching agreement on all terms, staff for
I the parties have reached general agreement on certain
R important basic concepts, as a condition to annexation
by the Developer to the City:
4 a. The County will process all discretionary
approvals, including adoption of a specific plan,
development plan and design guidelines. It will
do so consistent with the LCP as it is finally
! certified and City requirements applicable to
public services, subdivision design and building
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standards, also consistent with LCP.
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i b. City and County zoning and development plans will
I be in conformity with each other and the certified
f LCP.
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C. The Developer will consent to annexation, in
phases, when all discretionary approvals are
obtained and it is assured of its vested rights to
commence and complete the phase being annexed.
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d. The staffs have not reached agreement on whether
final annexation should occur after issuance of
building permits, as Developer desires, or before
building permits, as City desires. The staffs
will negotiate in good faith to consider and
resolve this point in the context of the overall
annexation and development- agreement.
Senator Marian Bergeson DRAFT
July. 30, 1987
Page 2
e. Taxes and fees will be allocated between the
County and City in an equitable manner.
2 . It is premature to try to negotiate and complete an
annexation and development agreement between the
Developer, City and County now and in all likelihood
this cannot be done by January 1, 1988 for the
following reasons:
a. The LCP and planning, infrastructure, phasing and
other requirements for the project, on which an
agreement will be based, are not finally
determined. Input and actions by other agencies
is also required.
b. Environmental analysis will have to be done for
the agreement (and concurrent planning actions) .
C. Staff for the parties needs time to negotiate
specific language of agreement as planning
requirements are being established and
environmental impacts analyzed so that the
agreement is ready for adoption immediately
j following planning approvals.
i
3 . All staff representatives are negotiating in good faith
f and have confidence that a final agreement can be
reached. While the exact language of the agreement
will be negotiated in the time frame and context of the
planning approvals, both the City and Developer have
retained specialized outside counsel noted for their
experience in negotiating and drafting development
agreements and the parties anticipate the ability to
mutually resolve issues that will arise in the course
of negotiations over the next several months.
4 . The City, County and Signal have agreed not to propose
or support any additional amendments that are objected
by any other party.
5. Subject to the Developer's obtaining concurrence by the
Senate and Assembly Natural Resources Committees,
staffs, the City does not object to Developer's
proposed amendments nos. 1, 3 , 5, and 6.
Based on the progress to date and the general understandings
set forth, and our mutual lack of objections to amendments to SB
! 1517 currently proposed by the Developer and City respectively
4
Senator Marian Bergeson DRAFT
July. 30, 1987
Page 3
submitted herewith, we urge your continued efforts to secure
passage of the bill as amended.
Very truly yours,
Signal Landmark, Inc.
By
County of Orange
By
City of Huntington Beach
By
999
E
DRAFT
AMENDMENTS SUBMITTED BY SIGNAL
July 29 , 1987
AMENDMENT NO.,_1
Section 4 , Pane 4 , Line 16 :
After the word "code) " , strike the balance of Line 16,
strike Lines 17 through 22 , and substitute in place thereof the
words "or the environmental protection established by the
certified Bolsa Chica Land Use Plan. "
AMENDMENT NO. 2
Section 145 , Page 13 , Lines 29 and 30:
After the word "city" , strike "prior to tentative approval
of any subdivision maps" and insert "in the manner provided in
the annexation-development agreement required by Section 149 . "
AMENDMENT NO. 3
Section 150. 5 , Page 14 , Line 22 :
Strike the balance of Line 22 beginning with the word
"providing" and strike Line 23 up to the word "any" and insert
before the word "any" , the word "preempting" .
AMENDMENT NO. 4
Section 210 , Page 17 :
Strike Lines 37 and 38 , i. e. , "Upon annexation, the district
shall be governed by the City Council of the City of Huntington
Beach. "
AMENDMENT NO. 5
On Page 30, Line 8 , add the following Section:
"Section 409. The Legislature hereby finds and declares it
is necessary to establish a mechanism to assure the restoration,
creation and preservation of a minimum of 915 acres of wetlands
in the Bolsa Chica Study Area, as required by the Bolsa Chica
Land Use Plan dated December, 1985 and approved by the California
Coastal Commission. All development within the Bolsa Chica Study
Area must be in conformance with the Wetlands Restoration Plan
prepared as part of the Bolsa Chica Local Coastal Program and
with the Biological Resources Management Components Policies of
the Bolsa Chica Land Use Plan. "
1
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DRAFT
AMENDMENT NO. 6
On Page 30, strike Sections 411 and 412 and add the
following Section:
"Section 411. Any modifications to the December, 1985 Bolsa
Chica Land Use Plan Biological Resources Management Component
Policies shall, after public hearing, be submitted by the County
of Orange to the Coastal Commission for its approval. The
Coastal Commission shall consult with the Department of Fish and
Game and shall adopt written findings that such modifications
will carry out the restoration, creation and preservation of the
915 acres of wetlands and 86. 8 acres of environmentally sensitive
habitat areas.
2
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=. -JUL '29: '87 09:04' ASSY; CALDEROr4
CONSULTANTS,
Trioe Harty
ViOi G'fltilM,l1 Kip Llppef.
M, jGM AOitk �i+yi� ` � i i�.iii•��_� 's"froy P.srWHI10
�`.ioyd Conrialw P&J a-TNiyor - -
Sam Parr
Sev Hrngtn COMMITTEE BECAITAA
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Mirtpn a (if
Bill Liewd STATE CAPI706
Mik.Roe P.O. BOX 942440
JiCklt 60f40 ena �� �� SACI4Ai1ENTC._CA'9424
Step 011htm TELEPHONE*(9'flt.44!
Maxlnt writ•„F BYRON 0. SHEFt
CHAIRMAN
July 28, 1987
RaceivEU
Mr. Kevin Sloalt JUL 2 j 1991
Office of Senator Marian Bergeson - - wft6-4
Room 4082, State Capitol
Dear Mr. S104t:As you know. SO 1517 has been rescheduled at your request for a hearing before
the Assembly Natural Resources Conmittee on"August 11th. As 1 understood theme -
the reasons for the Change in hearing date mere that 1) you wanted- to avoid =
potential confusion which might occur at the July loth hearing because of last
minute aftndment requests by the bill 's sponsors and the State Lands -
Commission, and 2) you believed that additional amendments were forthcoming
because of negotiations between Huntington Beach and the bill 's sponsor
negotiations which are expected to be concluded by August 1st.
During the'week of July 13th, Mr. James Garibaldi . in an informal conversation
..with Kip Lipper of the Committee staff. requested an outline of the issues
posed by the bill as the staff saw them. - Mr. Russ Behrens and I had fairly
exhautt3vely covered these during the preceding week, using inforul notes
which I had prepared when I initially reviewed the bill . Ky bill- analysis will
discuss these issues, however, it was not complete when you asked for the 011
hearing to be postponed and I see no Qoint in finishing it until I have
- officially received from you the fins` amendments to the bill .
TO Comply with Mr. Garibaldi's requoit and to be of assistance to you and the
sponsorp -1 am summarising in this lettalr the issues which I see now as
remaining.: However, I do this with reluctance because i do not want you to
rely on this, letter as °a complete draft analysis. This bill is extremely
complex and it is possible that a future readingg of it will suggest additional
problems. While I have done my complete,best to be coete, I would be r0lis in MY
rsspil!lnsihilities to thr eemmitta• if I regarded the absence of toque in this
letter as a bar to raising it in the cOMMee analysis. I woull also like to
malice clear that this latter is my prsliminary review of the bill-1 end doeis not
nrces%d rily represent tha chairman s Views. AlLhou h, I have discussed Acme of
these issues with Assemblyman Sher, he may have a different perspective on the
I measure,
JUL 29 'a7 09:03 ASSY' " ALDERON
. y _ Page 2
Local Coastal Pro ram. According to the bills the intent of the district which
W 1 be farmed is to implement the Solsa Chica LCP. The certified Lend Use
Plan recognizes that some sort of district may be appro riately part of the
Implementing action Program (the second part of the LCP . The implementation
portion of an LCP usually includes ordinances, which are presented to the
Commission in draft fom. These are reviewed by the commission and changes are
frequently made prior to certification. Upon certification they are enacted by
the local government and the LCP is complete. This bill proposes that a
Portion of the LCP be enacted into state statute prior to a determination by
the Coastal Commission that it is consistent with the Coastal Act.
Inconsistent with Certified LUP. Although the sponsors state that the intent
of this measure is to mp emen but not to overrule the Local Coastal program,
two provisions of the bill are inconsistent with the certified LUP,
Sec. 411 provides that development in a wetland area. cannot occur until a
wetland area one and one-half times the size of the wetland area to be
developed is restored to high quality and a wetland area one and one-half times
the size of the developed wetland is created. The LCP requires that this ratio
of developed wetland to created wetland be maintained only until 63 more acres
of wetland have been created than has been lost to development. The bill does
not contain this provision.
Sec. 509 provides that if an ocean entrance is constructed, the district shall
maintain the sand supply to that the mean high tide line does not retreat
landward from the line existing prior to construction. The mean high tide line
changes annually and seasonally, this provision imposes a standard which will
provide little guidance. This standard is also at variance with the LCP which
requires among other -things that the harbor entrance plan "provide adequate
mitigation for any potential loss of sandy beach available for recreational
use.. . which is directly attributable to an ocean entrance."
Pundin . The fiscal analysis presumes $55 million in state contributions to
t e area's capital costs. The analysis also assigns to the state substantial
responsibility for maintenance and operation. Further, the analysis presumes
that the marina will be able to pay back half the federal loan and $1.8 million
in annual costs. It's not clear to me that these assumptions are accurate. If
they're not, then the district could start to bump up against the bill 's
assessment cap of 1 per cent of assessed valuation. This raises doubts
concerning the overall feasibility of the district.
Wetlands Fundin . There remain questions as to whether the district is
committed o paying for the wetlands restoration. The bill is much more
explicit about the district's powers and responsibilities with respect to
repayment of the federal loan. This may be especially relevant if the district
has hit the one per cent assessment cap and a large block of the restoration
-occurs gust prior to the final phase of development as the LUP may allow.
Sac. 416 seems to place on DFG the responsibility for wetlands restoration and
maintenance. I 'm not sure this is consistent with the LCP.
JU_-29 '87 09=03 ASS` ~CALDERON P._3
Page .3 _
Sec. 700 gives priority to wetlands maintenance funding over wetlands -
restoration, flood control and abatement of solid wastes. The utility of this
is not clear. Funding of mitigation requirements placed on the district should
probably have funding priority over capital improvements.
Sec. 701 - 703 provide for adoption of a budget with copies sent to the Lands
Commission and DFG. what happens if aspects of the budget do not meet with DFG
or Lands Cortmission requirements for funding of various programs?
Wetlands Ownership. The LUP provides that soma form of legal interest in -
we an areas a ransferred to the state prior to their restoration -and prior
to development on the mesa. The State Lands Commission and DFG seem wary of
acquiring the wetlands prior to their restoration or creation. SinCd this bill
has provisions ass to Whether state land is ,in or out of the district, this
1sSUA tl A04 be roxnly'Id. -
Public Access to Navi"a �e Waters, Sections 503, 5049 768, and others grant
powers to the districtto regulate or-charge for use of the ocean entrance and
other navigable waters. - Mr. Behrens indicated that the intent was not to
require stickers of all users, but these sections authorize this. The premise
should be and some provision of the bill should state that all navigable waters
in the district area are available for free public use. We discussed two
exceptions. First, waterways dug on private property where no public trust
exists could remain as private property but should be subject to a public
easement for navigation. This would enable the public to navigate on the water,
but would not make private residences and their docks subject to Lands
Commission control. Second, safety and environmental reasons might require the
closure of some areas, however the closure could not be to the public with some
private owners allowed in.
Sand Su 1 -Sec. 509 requires the district to provide secure funding for a
san supp y to offset impacts from the ocean entrance. The fiscal analysis
does not Show this and .I'm not clear which of the funding powers in the bill
would be used. While a sand bypass Is proposed for the harbor entrance, some
sand is likely to be lost. The cost of sand replenishment is high and the
results short-lived as the experience in Oceanside shows.
District Procedures. While I need to do more research on this area, I'm not
yet reassurod that the powers and procedures of the district are the "usual"
ones for this kind of district. Even if they are there are a number of
technical problems with the voting procedures outfined in the bill .
The procedures for transforming the district from a landowner to a resident
voter elected district need some more work. "Assessable area" is not clearly
defined and could include undevelopable wetland areas. Mr. Behrens indicates
that "developed for" on page 20, line 25 means streets. utilities and other
services but not necessarily structures. If that is the intent, this should be
more clearly stated. The schedule for certification of the need to convert to
a resident voter district should be revised so that it could be converted more
quickly once the 50% development requirement is met. According to the present
terms of the bill , resident voter election of less than half of the electable
commissioners could wait for three and a half years after the 50% requirement
had been met.
JUL 29 -'87 09:04 F .CAL.DERON = P.4
= Page 4
It is unclear why the number of commissioners may be expanded. If it was
- expanded to 11, then the intent of the 4J5's vote requirement on some matters,
which I understand will be offered as an amendment to prevent landowner
control , could be circumvented. Further, I think Sec. 204 could be used in a
way to cause now commissioners with four year terms to be appointed immediately
prior to the first resident voter election, thus preserving landowner control
for a longer period.
Sec. 240 authorizes the district to be divided into as many divisions as there
are commissioners of the district. This shot4ld be amended so that there would
be as many districts as there art elected commissioners.
If divisions are established while the district is still landowner voted, the
prohibition against division boundary revision within four months of an
election contained in Sec. 246, in conjunction with the time required to meet
the provisions of Sections 227-233, could cause the first resident voter
election to be conducted using districts based on equal area rather than equal
population.
Are the resident voter elected commissioners required to live in their
districts?
Sec. 246 states; "At the time the district is established as a resident voter
district. . ." Article 4 beginning with Sec. 2201 describes how to establish a
resident voter district but it doesn't indicate when the resident voter
district is "established.' Is it upon adoption of the resolution, or does it
wait until the resolution is published?
Finally, it is not clear to me how the requirement that the district be
governed by the Huntington Beach City Council upon annexation will play out.
When there are only a few acres left for annexation, will there be a resistance
by the district commissioners to their annexation to preserve commission
control .of this Aiitrirt?
Substantive Problems. The wording of several provisions of the bill raise
- issues which mar a unintentional but which should be clarified. Mr. Behrens
has indicated that he is willing to correct some of these problems through
amendment.
Agreewnts can nullify provisions of the bill. On page 13, line 35, the
bull states that "no provision in this act limits the enforceability and
applicability of any provision of any agreements entered into between or
ou among a city, cnty, state or federal agency and a private person
affecting the Bolsa Chico area." This would enable any provision of the
bill to be overturned through agreement, even if this agreement did not
includt the affected parties.
Misdemanor sanctions for any violation of district rules or replations.
Sec. 314 provides that violation of district rules and regulations is a
misdemeanor. According to Sec. 310, many of the rules and regulations are
procedural and therefore inappropriate for criminal sanction. When
JUL. 29 197 09=05 ASSY, CALDEr_N —.-----
N P.5
a -
Page 5
regulations art appropriately enforced by criminal sanction i.e.
It
littering, vessels speeding in the marina etc. , violations may be more
appropriately infractions.
Section 400 is unclear as to &$Signed wetlands responsibilities. This
section requires the Lands Commission and OFG to enter into an agreement.
It is not clear whether the responsibilities for wetlands described in
this section are the district's or this agreement's. The phrase "a reed
upon" on line 17 could allow the district to avoid these responsibilities
by just not agreeing to than.
SeC. 799 can be construed to mean that the proceeds of bonds cannot be
spent on various project mitigations, as these are costs which are
typically the "responsibility of the landowners or developers."
Technical Problems. Technical problems exist in several provisions of the
PIT-. r. a rens has agreed to correct many of these.
Sec. 2 and50. The blanks need to be filled in.
Sac. 117. There should be a comma after "plan" on tine 39, page 9.
Sec. 140. On page 11, on line 27, "create," should be inserted after "to"
and on line 30 one of the "ths"s should be taken out.
Sec. 411 calls for creation of wetlands in the district. State owned
areas, designated for wetlands creation by the LUFt may be excluded from
the district by other provisions of $B 1517. The result could be that the
district would not be able to implement portions of the LUP.
Sec. 415 is located in Chapter 4, the chapter which deals generally with
wetlands. This section, on line 15 suggests that an agreement may be
entered into for the operation and maintenance of the harbor facility.
This seems redundant to the authority contained in Sec. 500 and is
inappropriate for Chapter 4.
. Sec. 416. On line 20, intagral is misspelled.
Set. 509 can be read to rewire that the district only,provide secure
funding sources for sand supply to the beach prior to the construction of
the ocean entrance rather than after when there will be effects which need
to be mitigated.
Before concluding, I'd like to point out that the committee rules require that.
amendments -be brought to us, in Legislative Counsel form, by the Monday before
the hearing on the bill - in this case, August loth. This will be especially
important because I will not be in the office on the 13th and 14th.
: JUL 29 'e7 09:06 ASSY. CPLr' ')tv - P.6
Page 6
In conclusion, I appreciate the time taken by you and the bill 's sponsors to
discuss SS 1517 with me. I imagine that as we near the next hearing date, it
will be appropriate for all of us to meet again. Please contact me if you wish-
to discuss further the Issues raised in this letter.
Yours truly,
Paul Thayer, Consul ant
Assembly Natural Resources Committee
cc: James Garibaldi
Russ Behrens - - -
Susan K. Mori
r
RCA 87-6
REQUEST FOR Ci 1 W COUNCIL ACTION
Date July 27 , 1987
Submitted to: Honorable Mayor and City Council Members
Submitted by: Charles W. Thompson, City Administrator
Prepared by: Richard Barnard, Assistant to the City Administrator
Subject: BOLSA CHICA PRE-ANNEXATION/DEVELOPMENT
AGREEMENT UPDATE
Consistent with Council Policy? KI Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue:
City staff has been holding a series of meetings with Signal Landmark Incorporated and
the County of Orange for the purpose of drafting a Pre-Annexation/Development
Agreerrient. A summary of the status of the negotiations to date is discussed below. It is
necessary to report by July 31, 1987, to Senator Marian Bergeson on the status of the
City's effort to reach agreement with Signal and the County on a
Pre-Annexation/Development Agreement.
R ecemmendation:
For the City Council to direct staff and special counsel to continue negotiations with
Signal and the County on the Pre-Annexation/Development Agreement.
Analysis:
The City has held several meetings with Signal and the County in an effort to arrive at a
mutually agreeable draft agreement. Two meetings were held this past week and
meetings are currently scheduled during the week of July 27-31 to continue discussions.
The fundamental issues pertaining to the Development Agreement concern:
1. The point at which annexation would occur.
2. The allocation of fees and taxes between the City and the County.
3. The application of City building standards.
4. Maintenance of sand supply to the beach.
5. Funding for wetland restoration and continued maintenance.
Th- City's negotiating team has been unable to come to an agreement with Signal
concerning the point in the development process at which annexation would occur. The
allocation of fees/taxes and application of City building standards, will probably be able
to be worked out between the city and the county, but at this point in time has not
occurred. Signal basically wants to obtain a vested right by securing building permits
before annexation. This will result in lot-by-lot annexation and involve many practical
and legal difficulties. Also, any annexation agreement that is not triggered until after
building permits are issued would be difficult, maybe impossible, to enforce. A
development agreement is unnecessary and redundant if building permits have been issued.
There has been little or no discussion of the beach erosion question and only general
concepts discussed concerning the funding of wetland restoration and continued
maintenance above what is already provided for in SB 1517.
The latest draft of the Pre-Annexation/Development Agreement is attached for your
review. As of this writing the draft has not been accepted by either the County or Signal
Landmark. The County has indicated that it believes that a development agreement is
premature, but that such an agreement is a good idea.
The meetings to date have resulted in a better understanding of the concerns of all parties
and stand a good chance of eventually resulting in a mutually satisfactory agreement.
Funding Source:
Not applicable.
Alternative Action:
1. Direct city staff and special counsel to discontinue negotiation of a
Pre-Annexation/Development Agreement.
Attachments:
1. Draft 4 - Pre-Annexation/Development Agreement for Bolsa Chica.
CWT:RB/paj
2791a
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1 RECORDING REQUESTED: DRAFT #4
(JULY 27, 1987 )
2
3
4 BOLSA CHICA
5 ANNEXATION AND DEVELOPMENT AGREEMENT
6
7 •� A. PARTIES
a This Annexation and Development Agreement ( "Agreement" )
9 is made and entered into by and between:
1.0 1 . - The County of Orange a political subdivision of the
11 (� State of California ( "County" ) ;
12 1 2 . The City of Huntington Beach, a charter city and a
13 municipal corporation ( "City" ) , and
14 3 . The following owners of certain legal or equitable
15 , interests in the subject property, Signal Properties, ( "Signal"
16 or. "Developer" ) ( list all entities ] . (Dist other owners who will
.17 be parties . ] (Collectively "Property Owners" ) .
18 4 . The County, City and Property Owners shall be
1.9 collectively referred to as the "Parties" .
20
21 B. AUTHORITY
22 This Agreement is authorized and entered into pursuant
23 to Government Code Sections 65864 through 65869 . 5, which
24 authorize counties and cities to enter into binding annexation
25 and development agreements with persons having legal or equitable
26 interests in, real property, including property within a city ' s
27 sphar. p of influence , (See Gov' t Code S 65865. )
28
k�
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1 C. SUBJECT PROPERTY
2 The property that is the subject of this Agreement
3 encompasses approximately 11600 acres of largely undeveloped land
4 in the coastal zone, commonly known as "aolsa Chica. " The major
5 portion of the area is unincorporated county territory surrounded
6 by the City and within the City ' s sphere of influence . Signal is
7 the largest property owner . A map of the subject property is
8 attached hereto as Exhibit 1 and incorporated herein by this
9 reference . A legal description of the subject property is
10 attached hereto as Exhibit 2 and incorporated herein by this
11 reference .
12
13 D. ErFECTZVE AND OPERATIVE DATES
14 1 . Effective Date. This Agreement shall become
15 effective upon: approval and execution by all the Property
16 Owners ; approval and execution by the County and the City, in
17 accordance with the procedures set forth in Government Code
1Q Sections 65864 through 65869 . 5, and requirements for the
19 consideration of development agreements adopted by the County and
20 the City; and when the local coastal program For the area has
21 been certified pursuant to Public Resources Code Section 30000 et
22 sc . or the Coastal Commission has approved the development
23 Agreement by formal Commission action .
24 Unless this Agreement is fully executed and approved
25 by _ , 19—, it shall be null and void.
26 2 . O erative Dates. Sections ,
27 _ ---- - ---' - -- _ and — —._.. shall
28 become operative upon the effective date of this Agreement .
kes/AGR9051
I Sections
2 _ , shall become operative as parcels of property
3 are annexed to the City.
4
5 E. DEFINITIONS
6
7 F. EXHIBITS
8
9 G. PURPOSE
10 The purposes of this Agreement are: to implement the
11 County and City Land Use Plans and Local Coastal Programs for the
12 area, as they are certified by the Coastal Commission, through
13 timing and phasing of development and provision of infrastructure
14 and services; to provide for timing and phasing of annexation of
15 the county territory to the City prior to occupation by any
16 residents or businesses; and to specify the amount and allocation
17 of taxes , fees , and assessments . It is the further purpose of
18 this Agreement to insure that the wetland areas specified in the
19 Local Coastal Programs are preserved, restored, maintained and
20 annexed and that the impacts of sand migration potential due to
21 the construction of an ocean entrance on the beaches within the
22 City are fully mitigated.
23
24 H. INTENT OF THE PARTIES
25 It is the intent of the Parties to facilitate annexation
26 of unincorporated county territory to the City and to provide
27 assurance to Signal that upon approval of this Agreement and
28 final certification of the County ' s Local Coastal Program and
-3-
i
kes/AGR9051
1 amendment of the City ' s Local Coastal program, if necessary,
2 Signal may proceed with development of the project in accordance
3 with the certified Local. Coastal Programs and in accordance with
4 those policies rules and regulations specified herein, and that
5 future land use approvals shall be subject to the conditions set
6 forth herein. To that end, this Agreement will be processed with
7 confirmation of the County LCP; amendment of the City LCP and
8 City ordinances setting forth general plan and zone designations
9 for the unincorporated area, all of which will become vested by
10 this Agreement .
11 It is the further intent of this Agreement to provide
;i2 assurance to Signal that it may proceed with development of the
13 property, as specified herein, notwithstanding future
14 inconsistent land use rules, regulations or policies, including
15 , initiative growth management measures .
16
17 I I . PLANNING HISTORY
18 (Detail . ]
19 J. PUBLIC BENEFITS
20 The public benefits from this development that justify
21 and are consideration for the vesting of development rights. prior
22 to that provided for by common law (see Avco (cite) ) , include
23 provisions for the Linear Park , the Wintersberg Channel , the
24 major roadway network , including the cross-gap connection, off-
25 road pedestrian and bikeway links, easements which link the
26 marina to linear park , the public marina and the preservation and
27 restoration of wetlands, each of which will be paid for , in part
28 at least, by Signal .
-4-
es/AGR9051
1 NOW, THEREFORE, the Parties agree that :
2 1 . GENERAL PROVISIONS .
3 1 . 1 Duration of Agreement . The term of this Agreement
4 shall commence upon the effective date, whichever is later , of
5 i the County and City ordinances authorizing its execution. This
6 + Agreement shall expire on 19—, unless extended by
7 written mutual agreement of all the Parties .
8 1 . 2 Assi nment . The rights and obligations of Property
9 Owners under this Agreement may be transferred or assigned,
10 provided such transfer or assignment is made as a part of the
11 transfer , assignment , sale of lease of all or a portion of the
12 real property. Any such transfer or assignment shall be subject
13 to the provisions of this Agreement . During the term of this
14 Agreement, any such assignee or transferee shell observe and
15 perform all of the duties and obligations of the Property Owners
16 contained in this Agreement as such duties and obligations
17 pertain to the portion of the real property so transferred or
18 assigned . Property Owner shall give to the County and City
19 notice at least thirty ( 30 ) days prior to any such sale,
20 assignment or transfer .
21 1. . 3 Amendment or Cancellation of Agreement . This
22 Agreement may be amended from time--to-time by the mutual consent
23 of the parties hereto but only in the saine manner as its
24 adoption, by an ordinance as set forth in Government Code
25 - sections 65867 , 65867 . 5 and 65868 . The term " this Agreement"
26 shall include any such amendment properly approved and executed .
27 1 . 4 Hold Harmless . Property Olaners agree to and shall
28 hold County and City, its officers, agents , employees and
-5-
kes/ACR9051
1 representatives harmless from liability for damage or claims for
2 damage for personal injury including death and claims for
3 property damage which may arise from the direct or indirect
4 operations of the property Owners or those of its contractors,
5 subcontractors, agents, employees or other persons acting on his
6 behalf which relate to the project . Property Owners agree to and
7 shall defend City and its officers , agents , employees and
3 representatives from actions for damages caused or alleged to
9 have been caused by reason of Property Owners ' activities in
io connection with the project .
! 1 This hold harmless agreement applies to all damages and
12 claims for damages suffered or alleged to have been suffered by
i3 reason of the operations referred to in this paragraph,
;
14 regardless of whether or not City prepared, supplied or approved
15 plans or specifications, or both, for the project .
la The Property Owners further agree to indemnify, hold
i/ harmless , pay all costs and provide a defense for City in any
18 action by a third party challenging the validity of the
19 Agreement.
20 1. 5 Binding Effect of Agreement . The burdens of this
21 Agreement bind and the benefits of the Agreement inure to the
22 parties ' successors in interest .
23 1. 6 Notices . All notices , demands and correspondence
24 required or provided for under this Agreement shall be in writing
25 and delivered in person or dispatched by certified mail, postage
26 prepaid.
27 Notice required to be given to the County of Orange
28 shall be addressed as follows :
-6-
kes/AGR9051
1 The County of Orange
ATTN:
2
3
4 Notice required to be given to City of Huntington Beach
5 shall be addressed as follows :
6 The City of Huntington Beach
Attn: City Manager
7 City Hall
2000 Main Street
8 Huntington Beach, CA 92648
9 Notices required to be given to Property Owners shall be
10 addressed as follows:
11 SIGNAL
12
13
14 A party may change its address by giving notice in
15 writing to the other parties . Thereafter , notices, demands and
16 other pertinent correspondence shall be addressed and transmitted
17 to the new address .
18 1. .7 CONFLICTS OF LAW:
19 1 . 7 . 1 Conflict of City and^State or Federal Laws . In
20 the event that state or federal laws or regulations enacted after
21 this Agreement has been entered into or the act !on or inaction of
22 any other affected governmental jurisdiction prevent or preclude
23 compliance with one or more provisions of this Agreement or
24 require changes in plans , maps or permits approved by the City,
25 the parties shall :
26 1 . 7 . 1. 1 Notice and Copies. Provide the other
27 parties with written notice of such state or federal.
28 restriction, provide a copy of such regulation or policy
-7-
k.es/ACR9051
I and a statement of conflict with the provisions of this
2 Agreement .
3 1 .7 . 1 . 2 Modification Conference . The parties
4 shall, within thirty ( 30) days , meet and confer in good
5 faith in a reasonable attempt to modify this Agreement
6 to comply with such federal or state law or regulation.
7 1 . 7 . 2 Initiatives and Moratoria. Should an ordinance
o � or other measure be enacted whether by action of the Board of
9 Supervisors, the City Council by initiative or otherwise, which
10 relates to the rate, timing or sequencing of the development or
1i construction of all or any part of the Project , City and County
12 agree that such ordinance or other measure shall not apply to the
13 Project to the extent that such ordinance or other measure is in
14 conflict with this Agreement . In addition to and not in
15 limitation of the foregoing, City and County agree that no
3.6 moratorium or other limitation (whether relating to the rate,
I7 j timing or sequencing thereof ) effecting subdivision maps,
w
18 building permits or other entitlements to use approved, issued or
19 granted within City or County, or portions thereof. , shall apply
20 to the Project to the extent it is in conflict with this
21 Agreement . Notwithstanding the foregoing , shoixld an ordinance,
22 measure, moratorium or other limitation be determined by a court
23 � of competent jurisdiction to invalidate or prevail over all or
24 any part of this Agreement , Signal shall_ have no recourse against
25 city or County pursuant to this Agreement, but shall retain all
26 other rights, claims and causes or action which Signal may
27 otherwise have at law or in equity including, without limitation,
28 the right to appeal any such determination. To the maximum
kes/ACR9051
1 extent permitted by law, City and County agree to use their best
2 efforts to prevent any such ordinance, measure, moratorium or
3 other limitation from invalidating or prevailing over all or any
4 part of this Agreement, and City and County agree to cooperate
5 with Signal in all reasonable manners in order to keep this
6 Agreement in full Force and effect . City and County shall not
7 support or adopt any initiative, moratorium, ordinance, policy or
$ take any other action which would violate the intent of this
9 section. Signal reserves the right to challenge any such
10 ordinance or other measure in a court of law should it become
11 necessary to protect the development rights vested in the
12 Property pursuant to this Agreement .
13
14 2 . DEVELOPMENT OF THE SUBJECT PROPERTY.
15 2 . 1 Permitted Uses . The property shall be used and
16 developed for the residential , commercial , resource protection,
17 recreational and open space uses specified in the County Local
18 Coastal Land Use Plan attached hereto as Exhibit 3 and
19 incorporated herein by this reference, and the City Local Coastal
20 Land Use Plan (as amended if necessary) attached hereto as
21 Exhibit 4 and incorporated herein by this reference . (DeyCribe
22 the uses . )
23 2. 2 Permitted Density . The property shall be developed
24 to the density or level of intensity indicated in the County and
25 City Local Coastal Programs and the zoning set forth in Exhibit
26 5. (Describe ge.nerall.y. )
27
28 ///
kes/ACR4051
1 2 . 3 Maximum Height and Size of Structure. The maximum
2 height and size of residential, commercial and other structures
3 is set forth in Exhibit 6. (Describe generally. )
4 2. 4 Reservations and Dedications of Public Lands.
5 (Describe generally the HCP, Marina Park, linear park , open space
6 ; � trail system, streets and reference the LCP . )
7 ( 2 . 5 Subsequent Discretionary Actions . Complete
3 development will require future discretionary approvals by the
County and after certification of the County LC?, as well as
10 state and federal agencies including:
11 a. A Feature Plan
12 i b. planned Community Zoning
13 C . Specific Plan
14 ! d. Subdivision Maps
1.5 � e . Coastal Development hermits b both the Count and
� � � y �
16 S the City (For the Ocean Entrance)
17 E . Grading Permits
18 g . Building Permits
J.14 I h. Use and Occupancy Permits
20 1 The following conditions, terms, restrictions and
21 requirements are the minimum standards for subsequent
22 discretionary actions by the County and City:
23 2 . 5. 1 Conditions for Development Approvals. All
24 development approvals shall be conditioned in accordance
25 with the applicable City Municipal Code sections
26 governing such approvals at the time the applications
27 for such approvals are accepted as complete . If the
28
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Vices/AGR9051
1 County is the permitting authority it shall apply and
2 enforce the applicable City conditions .
3 2 . 5. 2 Construction Standards . All development
4 including, but not limited to, residential. and
5 commercial buildings and all infrastructure, sewers and
water facilities, etc. (do a list) shall be Constructed
7 to meet the standards of the City which are in effect at
8 the time the building permits are issued. if the County
9 is the permitting authority it shall apply and enforce
10 ; the applicable City construction standards .
11 2. 5. 3 Developer Fees . All customary and usual
12 developer fees shall be held by the County in trust, to
13 be paid to the City as annexation occurs . Current City
14 developer fees include park dedication fees , cultural
15 enrichment fees and school fees .
16 2 . 5 . 4 Taxes (Excludincj_ Property TaxesJ. All City
17 taxes shall be levied against the properties upon
annexation. (E.g . , sales tax, gas tax, occupancy tax. )
19 2. 5 . 5 Business License Fees. All City business
20 license fees shall be applicable to business operations
21 within the area upon annexation.
2.2
23 3 . DEVELOPMENT PROGRAM (NOTE: These sections need to
24 f be detailed.
25 3 . 1 Timing and Sequence of Development
26 Signal plans to develop the property in five
27 phases. (Describe each phase, its boundaries, density
28 land uses , etc . and approximate timing. )
_11,
kes/AGR9051
1 3. 2 Infrastructure
2 3. 2 . 1 Water
3 3 . 2 . 2 Sewer
4 3. 2. 3 Streets and Highways
5 3 . 2 . 4 Flood Control
6
7 3 . 3 Public Facilities
3
3 . 4 Ocean Entrance/Marina
'10 !
f
1i 3 . 5 Wetlands Restoration
12
9
13 ' 3 .6 Parks
1.4
15, 3 . 7 Huntington Harbor Connection
17 4. PUBLIC SERVICES
A Police, Fire
I�
19 I
20 5 . MAINTENANCE PROGRAM
21 5. 1 Infrastructure
22
23 5 . 2 Ocean Entrance
24
25 5 . 3 Wetlands
26
27 5 . 4 Beaches
28
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kps/AGR9051
1 5. 5 Operating Memoranda. The parties acknowledge that
2 refinement and further development of the Project may demonstrate
3 that certain changes, including but not limited to, relocation of
4 density and buildings within the Property, may be appropriate
5 with respect to the details and performance of the parties under
6 this Agreement. The parties desire to retain a certain degree of
I
7 flexibility with respect to the details of the Project completion
8 and with respect to those items covered in general term! under
9 this Agreement . If and when the parties find that changes or
10 adjustments are necessary or appropriate, they shall effectuate
i1 such changes or adjustments through operating memoranda approved
12 in writing by the parties, which, after execution, shall be
13 attached 'hereto as addenda and become a part hereof, and may be
14 further changed and amended from time to time as necessary, with
15 further approval by City, County and Signal . Unless required by
16 I law to maintain the enforceability of this Agreement , no such
17 operating memoranda shall require prior notice or hearing, or
16 constitute an amendment to this Agreement .
19
20 6 . ANNEXATION
21 6 . 1 Ti� ming . It is anticipated that the County will
22 process all discretionary permits, up to and including grading
23 permits prior to annexation and that the City will process and
24 issue building permits and use and occupancy after annexation.
25 Promptly upon annexation of each subarea the City shall issue
26 such building permits and other permits necessary to complete
27 construction of the development as set forth in the Local Coastal
28
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kc,s/AGR9051
1 program and County approvals. (E.g . , specific plan, vesting
2 subdivision maps, etc . ) .
3 No building permit or other permit for the construction
4 of any dwelling unit in the unincorporated area may be issued
5 until the area has been annexed to the City. Annexation may
6 proceed in five phases : subarea 1, consisting of subarea 2
i consisting of subarea 3 consisting of �; subarea 4
8 consisting of subarea 5 consisting of
9 6 . 2 Conditions
10
11 6 . 3 Procedure
12 (heck with LAFCO)
13 i
i
14 6. 4 Property Taxes . Upon annexation, property taxes
15 shall be apportioned in accordance with the property tax
16 1i agreement attached as Exhibit __ hereto, and incorporated herein
17 [ by this reference .
19 6. 5 General Plan. Prior to annexation the City shall
15 amend its General Plan to conform to the County ' s Genera. Plan
20 for the area.
21 6 . 6 Prezoning . Prior to annexation the City shall
22 prez;one the area to conform to the County ' s zoning .
.23 6 . 7 City Local Coastal_Pro ram. Prior to annexation
24 the City shall amend its Local Coastal Proaram, if necessary, to
25 conform to the County ' s Local Coastal Program.
26 6 . 8 Assignment . Subject to the terms of this
27 Development Agreement , provided Property Owners are not in
28 default hereof , Property Owners shall have the right to sell or
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kes/AGR9051
1 transfer the Project in whole or in part, to any person,
2 partnership, joint venture, Firm or corporation at any time
3 during the term of this Development Agreement , provided that any
4 such sale or transfer shall include the assignment and assumption
5 of those rights, duties and obligations arising under or from
6 this Development Agreement applicable to the Project or portions
f �
7 thereof being sold or transferred . Upon the express assumption
8 of any or all of the obligations of Property Owners under this
9 Development Agreement by such purchaser or transferee of the
10 Project or any portion thereof, Property Owners shall be relieved
H of their legal duty to perform said obligations, under this
12 Development Agreement at the time of assignment, except to the
13 extent Property owners are in default of any of the terms of this
14 Development Agreement as to the property sold or transferred.
1.5 Any and all successors of Property Owners shall have all of the
16 same benefits, rights, duties and obligations of Property Owners
17 hereunder as to the property sold or transferred .
l8 Property Owners shall give written notice to City,
19 within ten ( 10) days after close of escrow, of any sale or
20 transfer of the whole or any portion of the Project., specifying
21 the name or names of the purchaser or transferee, the purchaser ' s
22 or transferee ' s mailing address , the amount and location of the
23 land sold or transferred, an the name and address of a single
24 person or entity to whom any notice relating to this Development
25 Agreement shall be given.
26 It is understood and agreed by the parties that the
27 Project will be subdivided after the effective date of this
28 Development Agreement . One or more of such subdivided parcels
-15-
kes/AGR9051 r,
1 may be sold or transferred to other builder ( s) for construction
2 of the various phases of development of the Project by them in
3 accordance with this Development Agreement , Noncompliance by any
4 such builder (s) with the terms and conditions of this Agreement
5 or with applicable City ordinances shall be deemed_a_default by.
6 that builder but shall not be deemed to be a default hereunder
7 i against other persons then owning or holding any interest in the
8 Project or any portion thereof and not themselves in default
9 hereunder .
10
11. ' 7 . PROCESSING THIS AGREEMENT
12 This Agreement shall be processed as follows :
13 7 . 1 California Environmental Quality Act ( "CEQA" The
14 County shall be the lead agency for purposes of CEQA and shall
15 prepare or cause to be prepared such environmental documents as
16 are necessary to fully comply with CEQA.
17 7 . 2 Property Owners. Property Owners shall approve
?8 this Agreement in accordance with the rules of their respective
19 organizations prior to processing by the County and City.
20 7 . 3 County Procedures . This Agreement shall be
21 scheduled for 'hearings before the County Planning Commission and
22 the Orange County Board of Supervisors with the hearings for
23 confirmation of the County Local Coastal Land Use Plan and Local
24 Coastal Program.
25 7 . 4 City Procedures . After approval of this Agreement
26 by the Property Owners and the County Planning Commission, this
27 Agreement shall be scheduled for hearings before the City
28 Planning Commission and City Council together with an amendment
-16-
Jul 27,$-T--i0:7° BUR KZ, wILLI-AMS & SORENSEM LA,CA ( 213 ) 623-1900 Ext 5391 P. 05
( I J \
kesfACR9051
1 to the City ' s Local Coastal Program, if necessary, to conform to
2 the County ' s LCP as certified by the Coastal Commission and such
3 ordinances and resolutions as may be necessary to prezone the
4 property and conform the City ' s General Plan.
5 7 . 5 Judicial Validation Proceeding .
6
7 8. LENDER PROVISIONS
8 Encumbrances on the Property. The parties hereto agree
9 that this Agreement shall not prevent or limit Signal in any
10 manner , at Signal ' s sole discretion, from encumbering the
11 Property or any portion or any improvement thereon by any
12 mortgage, deed of trust or other security device securing
13 financing with respect to the property. County and City
14 acknowledge that the lenders providing such financing may require
15 certain modifications and agree upon request, from time to time,
16 to meet with Signal and/or representatives of such lenders to
17 negotiate in good faith any such request for modification; County
18 and City will not unreasonably withhold their consent to any such
19 requested modification. Any mortgagees or trust deed
20 beneficiaries of the Property shall be entitled to the Fallowing
21 rights and privileges :
22 8 . 1 Entering into or a breach of this Agreement shall
23 not defeat, render invalid, diminish, or impair the lien of any
24 mortgage on the Property made in good faith and for value, unless
25 otherwise required by law.
26 8 . 2 The mortgagee of a mortgage or beneficiary of a
27 deed of trust , and their successors and assigns, or any mortgage
28 or deed of trust encumbering the Property, or any part thereof,
kes/ACR9051
1 which mortgagee, beneficiary, successor or assign has requested
2 in writing to the City and County, shall be entitled to receive
3 written notification from the City and County of any default by
4 Signal in the performance of Signal ' s obligations under this
5 Agreement.
6 8 . 3 If the County or City Clerk of the County or City
7 timely receives notice from a mortgagee requesting a copy of any
8 notice of a default given to Signal under the terms of this
9 Agreement, County or City shall provide a copy of that notice to
10 the mortgagee within ten ( 10 ) days of sending the notice of
11 default to Signal . The mortgagee shall have the right, but not
12 the obligation, to cure the default during a reason-ably period of
i3 time .
14 8. 4 Any mortgagee who comes into possession of the
15 Property, or any part thereof, pursuant to foreclosure of the
16 mortgage or deed or trust, or deed in lieu of such foreclosure,
17 shall take the Property, or part thereof , subject to any pro rata
18 claimu for jsayiclet'►t5 Of Oldfyes ayaiilSL Ltle Pfupet Ly, or par L
19 thereof secured by such mortgage which accrue prior to the time
20 such mortgagee comes into possession of the Property, or. part
21 thereof .
22.
23 9 . INSURANCE
24 9 . 1 Insurance
25
26 9 . 1 . 1 Compensation. Insurance
27 9 . 1 . 2 Public Liability and Property Damage
28 Insurance
_l$_
kes/ACR9051
1 9 . 2 Evidence of Insurance
2
3 10 . ANNUAL, REVIEW
4 10 . 1 County, City and Land Owner Responsibilities
5 10 . 2 opportunity to be Heard
6 10 . 3 Notice to Property Owners
7
8 11. . ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION
9 11 . 1 General Provisions
10 11 . 1 . 1 Option to Institute Legal Proceedings or to
.11 Terminate
It 11 . 1 . 2 Notice oP Termination
13 11 . 1 . 3 Waiver
14
15 11 . 2 Default by Property Owner
16 11 . 3 Default by County
17 11 . 4 Default by City
18
19 12 . MISCELLANEOUS PROVISIONS
20 12 . 1 Rules of Construction
21 12 . 2 Severability
22 12. 3 Entire Agreement , Waivers and Amendments
23 12 . 4 Administrative Costs
24 12 . 5 Incorporation of Recitals
25 12 . 6 Non--Waiver of Rights . All parties agree that even
26 though they have engaged in the process of negotiating and
27 entering into this Agreement , all parties shall retain any rights
28 or remedies they might have which are generally available at law
-19-
kes/AGR9051
1 or equity to the extent they would have had such rights and
2 remedies and had not engaged in such process except as such
3 rights have been expressly waived, modified or restricted by the
4 terms of this Agreement . Signal shall not be considered a
5 "volunteer" so as to preclude the exercise of such rights or
b remedies; provided, however , that nothing herein shah be deemed
7 to change or expand Signal ' s rights under this Agreement or to
8 change or diminish the City ' s or County ' s rights under this
9 Agreement . The provisions of this Section shall survive any
1O termination of this Agreement except a termination arising out of
11 the breach or default of Signal under this Agreement .
12
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15
16
11
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OFFICE OF
1IN6/p'BF CITY ATTORNEY
P.O.BOX 2740
6F�WtT1` 2000 MAIN STREET
HUNTINGTON BEACH
CALIFORNIA 92647
GAIL HUTTON TELEPHONE
City Attorney (714)536.6555
May 13 , 1987
TO: Members of the City Council
Chairman and Members of the Planning Commission
Department Heads
Russell Behrens , Esq. , Signal Landmark
Lance Kiley, State Lands Commission
Bruce G . Kerr , Shell California Production Inc .
William Yeates, Amigos de Bolsa Chica
Stephen H . Kaufmann, Deputy Attorney General
Jeffrey J. Fuller, Deputy Attorney General
Robert J . Fisher , Director of Planning, Orange County
Constance H . Barker , Esq. , League of California Cities
James Trout , State Lands Commission
Curtis L . Fossum, Esq . , State Lands Commission
William Allayaud , Coastal Commission
Attached for your information is a copy of the letter dated
May 12 , 1987 , sent to Senator McCorquodale stating the position of
the City of Huntington Beach on Senate Bill 1517 .
Very truly yours,
GAIL HUTTOM
City Attorney
City of Huntington Beach
# y. 2000 MAIN STREET CALI FORNIA 92648
OFFICE OF THE MAYOR
Telephone(714)536-5553
May 12 , 1987
Senator Dan McCorauodale
Chairman
Senate Natural Resources Committee
State Capitol , Room 2031
Sacramento, CA 95814
Re : Senate Bill 1517
Dear Senator MCCorQuodale :
The City of Huntington Beach is opposed to Senate Bill
1517 going forward in its present form for the following reasons :
1 . The Bi11 Raises Serious Constitutional Concerns .
The Bill grants a single landowner/developer broad
governmental powers to promote, develop, tax , and assess private
real estate without the checks and balances of review by city or
county government .
The Bill creates a conflict between the Developer ' s
private business interests and the public ' s interest in protection
of delicate coastal resources . Also, the legislation may
unconstitutionally delegate governmental powers , be a gift of
public funds , and deprive future residents of equal protection of
the laws and the right to vote and petition government .
2 . The Powers Granted the Landowners/Developer May Be
Used To Circumvent the Policies of the Incomplete Local Coastal
Proaram for the Area .
The Local Coastal Program for Bolsa Chica is not
complete . By its action on January 8 , 1986 , the Coastal
Commission required completion of key technical , environmental and
financial studies to determine whether Signal ' s proposed
development is feasible and whether the environmental impacts can
be mitigated .
Anjo,Japan SISTER CITIES Waitemata,New Zcaland
Senator Dan McCorquodale
May 12, 1987
Page 2
These include:
a . The wetlands restoration and maintenance plan;
b . Feasibility studies for an ocean entrance ,
involving the impacts on the public beach; and
C . The Huntington Harbor connection study .
The Coastal Commission ' s findings emphasize that the
complex problems and relationships within Bolsa Chica require that
the area be planned as a single integrated unit . The Bill
authorizes Signal to use governmental powers to begin its private
development before these studies are complete .
Wetlands restoration is not linked to development in
the Mesa areas, and this bill may, therefor , hinder rather than
facilitate wetlands restoration .
3 . The Development Proposal May Have Significant Impacts
on the Environment in Huntington Beach and the Region .
The proposed district would be surrounded on all sides
by the City of Huntington Beach . The Bolsa Chica beach , which has
over 4 million visitors annually, and through which the channel
may be cut , is in the City . Environmentally sensitive habitat
areas ( "ESHAS" ) are also in the City.
Bolsa Chica is a barrier beach between the ocean and
the wetlands . Barrier beaches are known to be unstable . When the
littoral ( sand transport ) processes are interfered with, as with
the cutting of a channel , beach erosion can occur and affect other
communities far down coast . The experiences of Santa Barbara ,
Santa Cruz and Oceanside trying to control beach erosion
down-coast of harbor jetties in those cities has proven very
costly. The governmental agencies would no doubt bear the expense
and liability for these impacts on public and private property .
4 . The Bill is Premature .
It is premature to create a district whose main
justification is to pay back federal loans for an ocean entrance,
when the feasibility of the entrance is far from settled .
Further, vesting broad governmental powers in a
landowner/developer is premature, in that the planning process is
not yet complete.
Senator Dan McCorquodale
May 12, 1987
Page 3
We appreciate your consideration of these important
questions . At this time, it is the City 's suggestion that SB 1517
be made a two-year bill , so that these problems can be addressed
and to give the affected parties and agenci s the opportunity to
enter into a development agreement .
Ve t ul yo
Ja Kelly yor
it F i Beach
cc : Senator H . L . Richardson
Senator John Garamendi
Senator Gary Hart
Senator Milton Marks
Senator Henry Mello
Senator Jim Neilson
Senator Robert Presley
Senator Marian Bergeson
Senator John Seymour
Assembly Member Dennis Brown
Assembly Member Gil Ferguson
Assembly Member Nolan Frizzelle
Orange County Board of Supervisors
Huntington Beach y_c4 _6' 7
03 Fountain Valley
Board of REALTORS° Inc.
R E A LTO Rn 8101 Slater Avenue • Huntington Beach, CA 92647 • (714) 847-6093
April 20, 1987
The Honorable Jack Kelly and
Members of the City Council
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
RE: Item E-5:The Bolsa Chica and Associated Senate Bill 1517 - (Bergeson)
Honorable Councilmembers:
As you know, the Huntington Beach/Fountain Valley Board of REALTORS& is very concerned
about the suggestion that a real estate transfer tax might be implemented as the mechanism to
repay the federal government in the development of the Bolsa Chica.
We were very pleased to learn this morning that one of the amendments being considered this
evening for transmittal to Senator Bergeson would state that the Special District would not be
empowered to levy any form of real estate transfer tax or fee for any purpose associated with
the Bolsa Chica Land Development.
As you might well imagine, we appreciate the City's position on this issue and we strongly
support and encourage your adoption of this amendment.
We will continue to monitor the progress of the proposed legislation and will offer comments on
the amended bill as soon as it is available. Thank you.
Sincerely,
Lila Nowell
Board President
LN/JAS/km
cc: Senator Marian Bergeson
i
OFFICERS
LILA NOWELL, President• FRANK C. HORZEWSKI, First Vice President
JAN SHOMAKER, Second Vice President/MLS Chairman • JAMES RIGHEIMER, Secretary/Treasurer
DIRECTORS
R.L. "KIRK" KIRKLAND• BETH DUNCOMBE• PHYLLIS RHYAN• LOU STAN• TOM VAN TUYL
WILL WOODS, Executive Vice President• JUDITH SEVERY, Vice President/Public Affairs
MINUTES
Council Chamber, City Hall
Huntington Beach, California
Friday, April 10, 1987
A tape recording of this meeting is
on file in the City Clerk' s Office
Mayor Kelly called the regular meeting of the City Council of the City of
Huntington Beach to order at 7 p.m.
ROLL CALL
Present: Winchell, Finley, Kelly, Green
Mays (arrived at 4:42 p.m.), Erskine (arrived at 5:35 p.m. )
Absent: Bannister
SIGNAL LANDMARK PRESENTATION - BOLSA CHICA DEVELOPMENT
Robert Franz, Deputy City Administrator/Administrative Services stated that
the meeting had been called to hear Signal Landmark's presentation to Council
on the Bolsa Chica.
Rich Barnard, Assistant to the City Administrator, presented a staff report.
Jeff Holmes, representing Signal Landmark, introduced his team of consultants
to Council. He stated that the purpose of the meeting was to allay Council
concerns and gather support for the proposed legislation for the Bolsa Chica
(SB 1517 Bergeson) and long term support over the next seventeen years for the
project.
Mel Malkoff, consultant for Signal Landmark, presented an overview of past and
future planning projects and approvals. He stated a coordinated planning
effort by the city and the county was needed for the Bolsa Chica.
Carl Neuhausen, Director of Planning and Future Development for Signal Land-
mark, stated they were attempting to transform planning approved by the
Coastal Commission and the county into a construction plan. He informed Coun-
cil that Signal Landmark had completed many cost studies. He stated that the
Newport-Inglewood Fault necessitated a few changes in the plan, mostly shrink-
age of the residential areas.
Councilman Mays arrived at the meeting at 4:42 p.m.
Bill Ficker, project architect, utilized a wall map to describe the proposed
land use and marinas in the project. He described the marinas within the Pro-
ject Area and their associated uses: 1) a "see and be seen" marina with
hotel, restaurants, shops, plaza and recreation; 2) commercial marina, small
hotel, yacht brokers, boat yard; 3) family marina with recreation, sailing
center, aquatic park, sabot sailing with instructional classes, park with
bar-b-que facilities.
Page 2 - Council Minutes - 4/10/87
Kimmel Walker, consultant for Signal Landmark, described the proposed ocean
entrance and the role of the Army Corps of Engineers and the studies the Corps
would conduct. He commented on methods to stabilize and protect the shore-
line. He stated that the Army Corps of Engineers would construct a model to
study the impact of an ocean outlet on marshland, water quality and the shore-
line.
Mr. Malkoff commented on the environmentally sensitive habitat area (ESHA) ,
wetland and oil production in the Bolsa Chica. He stated that the Local
Coastal Plan required certain commitments from Signal Landmark which in turn
required long term financing to keep in perpetuity monitoring of the ocean
entrance, a managed wetland system and water quality. He stated that a Spe-
cial District was needed to enforce these policies and to fulfill management
and regulatory needs.
Russ Behrns, project architect, stated that the Special District would assist
the state and implement the state's policy.
Jim Kuebelbeck, economist for the project, reviewed the history of planning
development for the Bolsa Chica. He referred to Preliminary Tables 4 Special
District Funded Items for the Bolsa Chica. Discussion was held between Coun-
cil and Mr. Kuebelbeck regarding the various Preliminary Tables.
Councilman Erskine arrived at 5:35 p.m.
Discussion was held regarding the transfer fee and "soft costs" and financing
without the transfer fee "hard costs".
Lorraine Faber referred to state financing mentioned in Preliminary Table 2
and inquired whether that was subject to negotiation. Representatives of Sig-
nal Landmark stated the figures were used in a 1982 agreement which has
expired and that the state is no longer committed to the $55,194,667 and that
negotiation with the state would be taking place.
Russ Behrns commented on financing and stated that the Special District would
have to be in place for repayment. He reminded Council that the District
would not be in charge of the wetlands but would assist in wetland management
at the request of the state.
In response to a question by Councilwoman Finley, Mr. Malkoff stated that
prior to certification the Special District must be in place and agreements
submitted regarding the ocean entrance, public amenities, management schemes,
and all funding in place, including how, who, when and how much - not just
capital but long term financing for perpetual maintenance.
In response to questions by Councilman Green, Mr. Behrns commented on Coun-
cil's position statement pertaining to sand replacement, eminent domain and
transient occupancy tax.
Discussion was held between Signal Landmark consultants, city staff and Coun-
cil regarding the developers risk over the next seventeen years and the devel-
opers desire that the project be completed under the county level of govern-
ment and at the appropriate time for the city to annex the Bolsa Chica. The
possibility of phased annexation was discussed.
Page 3 - Council Minutes - 4/10/87
Julie Froeberg, representing Senator Bergeson, spoke regarding inclusion of
the city concerns in the bill. She reviewed the time schedule for the bill
and cited opportunities to amend the bill.
.Discussion was held between Signal Landmark consultants, city staff and Coun-
cil regarding SB 1517.
ADJOURNMENT
Mayor Kelly adjourned the regular meeting of the City Council of the City of
Huntington Beach to 6 p.m. , Monday, April 20, 1987 in Room B-8, Civic Center.
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
ATTEST: of Huntington Beach, California
BY:
Deputy City Clerk
Alicia M. Wentworth
City Clerk Mayor
BY:
Deputy City Clerk
U.S. House of rje ,�av�sW E
NOV 13 1986
OF HUNTINGM !EACH
ADMINISTRATIVE OFFICE
Thought you'd be interested
in the attached
With the compliments of
CONGRESSMAN DAN LUNGREN
42nd D'Sinc?
California
(202) 223-2415
(213) 436-9133
tii.
SUNSET HARBOR/BOLSA CHICA PROJECT
I. Proposed Project /
The Signal Bolsa Corporation, one of the Signal Companies, has proposed
to build a multiple use project near the Bolsa Chica State Park and just
south of Huntington Harbor. The company proposes to build homes, a
hotel, a recreational harbor and a navigational channel on the 1,600
acre area. In addition, project supporters have proposed to restore
degraded wetlands and provide flood control, water quality improvements,
fish and wildlife enhancement, parks, breakwaters and jetties, landscaped
arterial roadways, and underground utilities. The federal government
will be involved in only the public aspects of the project; it has no
jurisdiction over the private aspects, such as the homes and hotel.
There are three elements to the public part of the project proposed by
Signal: (1) structural measures such as an ocean entrance, deepwater
channel, turning basin, breakwater and jetties and an extension of the
Wintersberg flood control channel; (2) recreational measures, such as
parks, picnic areas, sport and jetty fishing, bike paths, and public
launch areas; and (3) environmental measures, including the upgrading of
914 acres of wetlands.
The project will be located in an unincorporated part of Orange County.
Although located adjacent to the city of Huntington Beach, the land is
not actually part of the city. Although construction of the harbor and
the channel would cross over some state beach land, most of the surface
area is owned by Signal. The subsurface mineral rights are owned by
private oil companies.
II. Reasons for Federal Involvement
Historically, construction of ports, waterways, and other major water
projects have been a federal responsibility. In fact, President Jackson
first claimed this as a federal responsibility during the mid-1800's.
Due to the federal government's historical role and the environmental
concerns which must be addressed before construction of any water
project, these water projects are nearly impossible to construct
without a federal authorization. Although the federal government does
not necessarily have to pay for the project, a full scale Corps of
Engineers study is needed to answer the environmental questions and to
obtain the needed local, state and federal permits.
Since the 1870's, the federal government has paid for most, if not all,
of major water resource projects. But with most of national water
resources infrastructure now in place, the need for a large federal
financing role in building projects is being questioned. H.R. 6, Omnibus
Water Resources Development Act, recognizes the changing federal role and
substantially increases the cost-sharing requirements for federal
projects, such as the Santa Ana River flood control project. Although the
financing of the Sunset Harbor/Bolsa Chica project will be discussed in
further detail later, it is important to emphasize that federal taxpayers
will not pay for this project. Although the federal government is
allowed (not required) to provide upfront financing, the federal
taxpayer will not be responsible for funding this project over the long
term.
Since the Congress has a record of only considering omnibus water
resources bills every decade or so, the project must be included in this
particular bill or risk having to wait a number of years for further
consideration. The last major water resources bill was enacted in 1970.
III. H.R. 6 and the Sunset Harbor/Bolsa Chica Project
R.R. 6 includes language (Section 1119) authorizing both a feasibility
study and construction of this project. Section 916, which addresses the
financing aspects, are discussed in Parts IV-V. Section 1119(a) directs
the Army Corps of Engineers to conduct a feasibility study and to submit
the results before October 1, 1967. Section 1119(b) provides a
conditional authorization for construction. Actual construction is
contingent uF3n a number of factors, some of which are specifically
mentioned in this section and some of which are included in other
applicable federal laws.
Although the bill re-authorizes (the agency already has an authorization
for this under current law) the Corps to conduct the study, it does not
provide the actual funding. Congress will have to fund this project
through its normal appropriations process and/or local-state-private
sponsors will have to provide the funding for the actual study to be
conducted. A Corps feasibility study is extremely complex and must
address all economic and environmental issues. Every environmental issue
imaginable, including wetlands, beach erosion, and fish and wildlife
issues must be addressed. The study must also address the financial
feasibility of the project and if the Section 916 financing language will
work for the Bolsa Chica project.
Construction of the actual project would be contingent upon a number of
factors, including a completion of the feasibility study and a positive
recommendation from the Chief of the Army Corps of Engineers and the
committees of jurisdiction in the House and Senate. No federal water
project, including Bolsa Chica, can be conducted without these approvals.
In addition, the National Environmental Policy Act (NEPA) requires the
preparation of an Environmental Impact Statement (EIS) for any major
"federal action significantly affecting the quality of the human
environment." As this project falls within this category, a full scale
EIS must be prepared and approved as part of the feasibility study
process.
The Bolsa Chica project would also be subject to the "consistency" review
by the California Coastal Commission. The 1972 Coastal Zone Management
Act (CZMA) authorized the Department of Commerce to provide grants to
states to encourage the development and implementation of federally
approved management programs for the use of land and water in the defined
coastal areas. After the Commerce Department approval of a state's
management plan, federal actions within or "directly affecting" the
state's coastal zone must be "consistent" with the approved program.
Although the California Coastal Commission has given tentative approval
to the Proposed plan, it will have, to review the final program prior to
construction.
NEPA and CZMA are the major federal laws governing this projects however,
there are a number of other smaller federal, state and local laws
affecting the project. Project sponsors will have to apply for and
obtain many permits from all three levels of government before
construction can begin.
Once these studies are complete and the needed administrative and
congressional approvals are received, the Corps is authorized to
participate with non-federal sponsors in construction of this project.
A non-federal sponsor must be involved in all federally authorized water
projects. The California Department of Fish and Game and/or the County
of Orange will most likely to be the non-federal sponsor (s) ; however, it
is by no means assured that either will choose to participate in
construction of the project. As with the funding for the study, Congress
will have to provide construction funds, if it chooses to do so, through
its normal appropriations process. H.R. 6 does not provide any funding,
and in fact, stipulates that if appropriations have not been received
within five years, the project is automatically de-authorized. This is
the case for any project in H.R. 6.
It should be noted that just because Signal has proposed certain features
to be included in the Bolsa Chica project, that does not necessarily
mean that those features will be included in the final project. As
stated above , every aspect of the project is subject to a number of
studies and permits. If the economic and environmental conditions cannot
be met and/or the needed permits not obtained, those aspects of the
project not approved will not be built. However, you should be aware
that Signal is free at anytime to build whatever it wants on the land it
owns, subject to approval by the local and state zoning laws. The
federal government would not be involved in a decision to build only
the homes-hotel portion of the project.
IV. The Financing Proposal
Since the 1870' s, the federal government has funded water projects based
on a straight cost:benefit ratio and has never realized a profit or
return on its investment as private investors do. The 1962 Rivers and
Harbors Act requires the Corps to look at both direct and indirect
national benefits and costs (both financial and environmental) of
proposed water projects; however, it does not compute the direct
financial benefit to individuals or take into account the increase in
private property values attributable to the federal project.
Thus, Senator Abdnor, Chairman of the Senate Subcommittee on Water
Resources included language in the Senate water resources bill as early
as 1982 which would allow the federal government to recapture some, if
not all, of its investment in water projects. This language is in
Section 916 of the final bill.
Section 916 will simply allow a federal agency to enter into contracts
with a special purpose district to repay the federal apd/or non-federal
investment in a water resources project. Special purpose districts
(referred to as a Federal Project Repayment District (FPRD) in this bill)
are created by the local sponsors tursuant to state law. The FPRD would
have, if formed and granted by the state, the power to collect a transfer
fee on any transation involving the sale, transfer, or change of
ownership of the lands and improvements within the district. The project
beneficiaries will be assessed by their own state or local government,
depending on who enters into the contract with the federal agency.
Although the Bolsa Chica/Sunset Harbor project is allowed to establish a
FPRD and to use this financing mechanism (in Section 1119) , other
projects are expected to use this form of financing.
The FPRD would be legally responsible for repaying the federal share with
interest; the exact terms of repayment would be based on the contact
signed by the project sponsors and the federal government. It is likely
that the exact terms would vary from project to project. The FPRD can
choose whatever legally-accepted method it wants to collect the money to
repay the federal government. Section 916 simply authorizes a "benefit
assessment at the time of sale, transfer, or change in ownership of the
lands and improvements In the district" as one possible method. The FPRD
could choose another method of collecting the money, such as annual
assessments on those living in the district, to repay the federal
investment.
The assessments, in whichever form they take, are made based on the
benefits received from owning property near a major water resources
project. It is based on the theory that those people who own property in
the FPRD are receiving direct and indirect financial benefits from owning
property near the federal project. It seems only fair that those who
receive the direct financial benefit (in most cases this will take the
form of increased property values) pay an assessment for the project.
The federal taxpayer, who does not see the same benefit, should not. be
responsible.
V. Financing Proposal and the Sunset Harbor/Bolsa Chica project
The cost of the project associated with the public aspects is estimated
at $244.4 million; however, the most the federal government could provide
as an upfront loan would be $44.8 million, thus Signal would be required
to find private financing for the remaining public portion as well as
the entire private portion. However, any money provided by the federal
governnent must be fully paid back with interest. As you will note, the
last sentence in Section 1119 requires that both the cost of the
feasibility study as well as the federal upfront money be repaid with
interest. As mentioned earlier, the federal government will not be
involved in the private portion of the project.
Section 1119 requires the Corps to also study the feasibility of the
Section 916 financing language in conjunction with the Sunset Harbor
project. If the repayment option is not viable, then the project will
not be built. I requested that the Sunset Harbor/Bolsa Chica project be
authorized only if it was done so in conjunction with payback provisions
such as those in Section 916. I feel very strongly that the federal
government should not pay for this project, and although some federal
financial involvement may be necessary in the beginning, this money
must be repaid to the federal Treasury with interest.
ti
In order to repay the federal government, the sponsors will be allowed to
l \
establish a FPRD which would enter into a contract with the federal
government to repay the federal investment (including study,
construction, and maintenance funds) through benefit assessments. It
should be emphasized that under California state law, no one currently
living in Orange County or Huntington Beach would be subject to the
assessment. The FPRD can only encompass areas that are now uninhabited,
thus residents would only be subject to assessments if (1) they chose to
buy property in the FPRD or (2) they voted to be included in the FPRD.
According to California state law, those people wishing to purchase
property must be made fully aware of the benefit assessment prior to
sale.
Some have claimed that this financing proposal violates Huntington Beach
city and state (Prop-13) law. As city land is not involved and city
residents would not be assessed, the city charter does not apply. In
regards to state law, a number of public entities have implemented these
types of assessments to pay for specified public benefits. These
assessments have been upheld by a number of California court decisions,
thus it is likely that this Bolsa Chica transfer assessment would be
legal under California law. However, should this type of assessment be
found to be illegal, the FPRD would have to collect the money to payback
the federal government in another manner. Section 916 specifically
states that these districts can only be established in accordance with
state law.
vI. Proposed changes in Section 916
During conference discussions, the National Association of Realtors (NAP.)
and local chapters of this group strongly opposed the financing language
and suggested modifications in the language. The Realtors language would
have deleted the phrase "shall include the power to collect a portion of
the transfer price from any transaction involving the sale, transfer, or
change in beneficial ownership of lands and improvements within the
district boundaries" (lines 6-9 on page 259) and replaced it with "shall
include the power to recover these benefits through any cost recovery
approach that is consistent with State law ."
As this language would still have required that the federal government
would have been fully paid back, I had no problem supporting the
Realtors' change. The Realtors felt more comfortable with the language
because it did not specifically mention the assessment at the time of
sale, etc. This language would still have allowed the FPRD to collect
benefit assessments to repay the federal Treasury and would have required
full payback. Due to the fact that the realtors requested the change
rather late in the conference negotiations (the conference had been
meeting since April) , the final bill retained the original language.
Many members of the conference committee supported the change, and it is
possible that the committee will adopt technical corrections next year
changing this provision.
a
WILLIAMS • KU EBELBECK & Associates, Inc.
Real Estate Economic, Financial and Management Consultants
17702 Mitchell North,Suite 205,Irvine,California 92714-6804 (714)474-1606
Pnnupul
Lawrence E Williams,Jr.
James L. Kuebelbeck
Asso:iates
Edgar C Rust, Ph D.
Shant Agaptuan, Ph.D.
April 9, 1987
Mr. Richard Barnard
Assistant City Manager
City of Huntington Beach
2110 Main Street
Huntington Beach, California 92648
Dear Mr. Barnard:
Attached are summary financial materials on the Bolsa Chica project
including preliminary capital costs, source of funds and operating
information on the Special District. This information is a 1987 update
based on the process established in the Financial and Management Plan
adopted by the Board of Supervisors in 1982 and updated in 1984.
The Special District is the proposed vehicle to implement Board Resolution
No. 81-479, April 8, 1981 , which was adopted to protect general taxpayers
from incurring any net costs from Bolsa Chica. A preliminary fiscal
analysis of potential annexation of Bolsa Chica to the city was undertaken
in 1981 and concluded that if the tax allocation agreement (Board
Resolution No. 80-2093, December 23, 1980) could be renegotiated that at
full development Bolsa Chica could more than pay for City services but in
early years shortfalls were likely. A Special District was anticipated as
the mechanism to help offset these shortfalls and could be the structural
vehicle to help insure orderly and efficient fulfillment of public
financial obligations.
All of the attached information is preliminary and is subject to review and
further negotiations. It is presented as an update as to the status of the
project in conformance with the process established by the Board of
Supervisors in 1982.
Very truly yours,
WILLIAMS-KUEBEL�BECK & ASSOCIATES, INC.
James L. Kuebelbeck
Principal
JLK:sst
AttachmentsNL
San Fr,nclsc,t - Qrrnge Ccwnt,
works or rivers and harbors , and for other purposes - ,
2 approved March 2 , 1945 ( 33 U . S . C . 603a ) , is amended by
3 striking out $300 , 000 and inserting in lieu thereof
4 $1 , 000 , 000 .
5 ( h) The Secretary is authorized to use the authority
6 contained in section 205 of the Flood Control Act of 1948 ( 33
7 u . S . C . 701s ) , section 2 of the Flood Control Act of August
8 28 , 1937 ( 33 U . S . C . 701c ) , section M.4 of the Flood Control
9 Act of 1946 ( 33 U . S . C . 701r ) , section 107 of the River and
10 Harbor Act of 1960 ( 33 U . S .C . 577 ) , section 3 of the Act
11 entitled - An Act authorizing Federal participation in the
i
12 cost of protecting the shores of publicly owned property ' ,
13 approved August 13 , 1946 ( 33 U . S . C. 426c ) , and section of
14 the River and Harbor Act of 1968 ( 33 U . S. C. 426i ) in the
15 Trust Territory of the Pacific Islands .
16 ( i ) The amendments made by this section shall not apply
17 to any project under contract for construction on the date of
18 enactment of this Act .
19 SEC. 916 . FEDERAL REPAYMENT DISTRICT.
20 (a ) The Secretary may enter into a contract providing for
21 the payment or recovery of an appropriate share of the costs
22 of a project under his responsibility with a Federal Project
23 Repayment District or other political subdivision of a State
24 prior to the construction, operation, improvement , or
25 financing of such project . "he Federal Project Repayment
WR o
District shall include lands and improvemen:s which receive
2 identifiable benefits from the construction or operation of
3 such project . Such districts shall be established in
4 accordance with State law , shall have specific boundaries
5 which may be chanced from time to time based upon further
6 evaluations of benefits , and shall include the power to
7 collect a portion cf the transfer price from any transaction.
8 invclvinc tine sale , transfer , or cnance in beneficial
9 ownershio of '_ands and improvements within the district
70 boundaries .
ll (b ) Prior to execution, of an acreement pursuant to
12 subsection ( a ) of this section , the Secretary shall require
13 and approve a study from the State or political subdivision
14 demonstrating that the revenues to be derived from a contract
15 under this section, or an agreement with a Federal Project
16 Repayment District , will be sufficient to equal or exceed the
17 cost recovery requirements over the term of repayment
_S :eouired by Federal law .
19 SEC. 917 . EKERGENCY AND DISASTER AUTHORITY .
20 Section 5 ( a ) of the Act entitled An Act authorizing the
21 construction of certain public works on rivers and harbors
22 for flood control , and for other purposes , approved August
23 18 , 1941 ( 33 U. S.C.. 701n ) , is amended by striking out
24 drinking each place it appears in the second sentence and
25 by inserting after the first1sentence the -following new
== 37 v
.venerating facilities is transferred and accepted under
2 subsection ( d ) of this section , and 'for each succeeding
3 fiscal year , such sums as may be necessary to _operate and
4 maintain such facilities .
5 SEC. 1118. CAVEN POINT, NEW JERSEY.
6 That portion of the Hudson River in the New York Bay
7 consisting of--
8 ( 1 ) all that piece or parcel of land , containing
9 120 . 54 acres , situate , lying and being in the city of
10 „ersey City , Hudson County , State of New Jersey , upon. or
11 around that certain lot or piece of ;and known as the
12 Caven Point Area; and
13 ( 2 ) all that piece or parcel of land , contain inc 18
14 acres more or less , situate on the northwesterly side of
15 New Jersey State Highway Route 185 ,
16 more particularly described in the Congressional Record dated
17 March 11 , 1986 , pages S2446-2447 , is hereby declared to be
18 not a navigable water of the United States within the meaning
19 of the Constitution and the laws of the United States , except
20 for the purposes of the Federal Water Pollution Control Act .
21 SEC. 1119 . SUNSET HARBOR, CALIFORNIA.
22 ( a ) The Secretary is directed to expedite completion of
23 the feasibility study of the navigation project for Sunset.
24 Harbor, California, at a total cost of S900, 000 , and to
25 submit a report to Congres k on the results of such study not
.371
1 later than October 1 , 1987 .
2 (b) Upon execution of acreements by t:-e State of
3 California or local sponsors , or both, for preservation and
4 mitication of wetlands areas and appropriate financial
5 participation , the Secretary is authorized to participate
6 with appropriate non-Federal sponsors in a project to
7 demonstrate the feasibility of non-Federal cost sharing under
8 the provisions of section 916 0f this Act . Such pr0iect shall
9 consist of the project for navication , flood control , and
10 protection of the Seal Beach Naval Weapons Station at Sunset
1i Beach Harbor , Bolsa Chica Bay, California, at a total cost of
12 S89 , 600 , 000 , with an estimated first Federal cost of
13 544 , 800 , 000 and an estimated first non-Federal cost of
14 $44 , 800 , 000 , including such modifications as the Secretary
15 may determine are advisable. The Secretary shall not
16 undertake construction without the concurrence of the
17 Secretary of the Navy on measures to protect the Naval
18 Weapons Station. The Secretary shall , not later than two
19 years after the date of enactment of this Act , make a
20 determination of financial feasibility of the project and, to
21 the extent possible , transmit a copy of a final feasibility
22 study and copy of any final environmental impact statement
23 required by section 102 ( 2 ) (C) of the National Environmental
24 Policy Act of 1969 , and any recommendations of the Secretary,
25 with respect to such project, to the Committee on Public Works
n1CI �, Z
and Transportation of the House of Representatives and the
2 Committee on Environment and Public Works of the Senate .
3 Agreements for local Financial participation shall include
4 the agreements set forth in section 916 so as to meet non- '
5 Federal contributions during the period of construction as
6 required by Federal law as administered by the Secretary ,
7 tooether with full amortization of the remaining Federal
8 investment , including cysts of project feasiblility studies .
9 SEC. 1120. HILLTOP AND GRAY GOOSE IRRIGATION DISTRICTS .
10 ( a ) The existing irrication projects known as the Hilltop
11 irrication District , Brule County , South Dakota , and the Gray
12 Goose Irrigation District , Hughes County, South Dakota, are
13 authorized 'as units of the Pick-Sloan Missouri Basin Program.
14 As so authorized , the Hilltop Unit and the Gray Goose Unit
15 shall be integrated physically and financially with the other
16 Federal works constructed under the comprehensive plan
17 approved by section 9 of the Flood Control Act of December
18 22 , 1-944 ( 58 Stat . 887 , 891 ) , as amended and supplemented ,
l9 and subject to Federal reclamation law (Act of June 17 , 1902 ,
20 32 Stat. 388 and Acts amendatory thereof and supplemental
21 thereto) .
22 (b) Pick-Sloan Missouri Basin Program power shall be made
23 available as soon as practicable for the Hilltop Unit and the
24 Gray Goose Unit on the same basis as for other units of the
25 Pick-Sloan Missouri Basin Program. The suballocated costs of
Preliminary labie l A
Surgery►etrix of Public Project Participation Balsa a 02=11nly r�.
(In 1987 Dollars)
MGM PiiQ.ECTED OPEI*TI(x AND M MI OPMTM
ma mums Plow ELEM S LAID my" CON511ri1LT1011 WIN Salmi awrw.COS1S MUNH)wa AID III1NIDtlMi[JE COU
OLEM ExiRW 1. Navigable Ocean Entrance state COE/state HG $32,938,000 COE/state $900.000
2. State Bead) laproveients State State Hib/State $1.500.000 State —
3. Pacific Cast Highey Bridge State State M/State _$_.2�1 035,�000 State --
St MAL $M.4/s.uuu $900�
4m. Win Clonnel Fros PCH to State tate tate $13,1109,000 State/SpecialDistrict
ilarina Basin i Cross-Gop Cawector
4b. Plain Channel Bulldmadi State COE/State Hi6/State/ 0,198,000 State/Special District $15.00n�
(encludirg mulme areas1 Special District
5. Secondary Ilaterwys to Special District Developer Developer $1.414,000 Special District (included above in 4m)
Private Residences
SIBTOTAI $23,421,000
t rgtal Harbour Cmnection state tate vy tate $24,213.000 Stat~it Assessment --
Ctwael and Related Iapoveaerlts Benefit Assesment
HUM CD" a. Nblic WrIne Basins &Pariting State StateAW stateANDvote Lessee 5105.1000
7b. Public BenMng Facilities N/A State/H4'D/ State/i11PO/ $11,613.000 HFD/Private Lessee $975.000
Private Lessee Private Lessee
B. Private Be►tMng Facilities Private Developer Developer — Special District —
9. On-Shutt Support Facilities State StateAM StateAWD $3.471.000 HFO/Private Lessee (Included above in 7a)
(Restroans.Wslkrys.Utilities,Pad etc.)
10. Public Boat Lnalching. Dry Boat State State/HBPD State/wD $5,481.000 HB'D sm.000
Storage. Fuel &hap-DA Facilities
11. lb.bm caster &lartor Patrol Offices State/H3PD State/IBPO HBPD $595 000 HFD 63 0t-
SUMAL �3-- $2. .
AM CWMOL . Wntersdag noDd Control State OU D/Developer M/OCF D 10.511,00D OCFYD 2.=
Ctwrel i Related Facilites Special District
WJW FM . Wrim Perk StateAM/City /Dievt open WO/Developer a District
Wetlandsrurasen y Sensitive Late
liibitats Outside Linear Park Special District
Linear Park &Emiramentally county ty ty ty
Sensitive Habitats in Linear Park Special District
sa sa State/County Late ty tate/county to tY
Garfield.ilarina Raeds A Warner Ave. Special District
WDOww Cooly le►ears. b ctrs a Perto District $3.33BAD
DamawW Crety food cootmi District
swvv: rorf•tt a Nictel try+• :wiltamwo s Sctmid FMI,m rso P%MW sad Amcctates. net Enyiven
lh. Tovle (6Tam. 490o fv+'vd-,I M• �—t At.rr W—,
Pmliwinary Taole
&mmry Wt►ix of Capital Funding f�J`i
t�
eoisa Chia Pro t E L I 4
(In 1987 Delis 1 E
PRUBM gum NXU IT
N%=/IDH.7S Plow E11NNIS, Car 1w costs PEOfW m6) SMIE CMUIT OISOM ASSfS3W
0CE71N E><Jwtu 1. Navigable Oman Errtrnroe $32.938.000 $32.938.000
2. Stab Beach bprvwmnts $1.50D.000 $750.000 $750.000
3. Fleeltk Ooaist HtgbW BHdp � ;1 010
MIDI 0♦1tm 4m. Irtn Charnel From PCH to $13.809XW f4.603= $4.603.000 $4.603.OD0
Ntrilr Basis 6 ova-bp Cb actm
4b. Orin Charnel BUltheodl $B.HB.000 $2.732.667 $2,732,667 $2.732.667 1
(mcluding s'riti areass�
5. Secolydary Meter"A to $1.414.000 $1.414.000
F11veb Restderras
51J8tClfAl S.= WNW 9-.WX
ItB1ITtNICiJ NAIN001lR 6. Hntiny M IMrbmr Cbmecticn $24.213.000 $12.106.500 $12,106.500
Qwrenl and Related JaprvAmo to
IIim Omw la. P1elk Nwim Basins i Porting $15.M.000 $15.285.000
7b. P1elk brtlrlrg Facilities $11.613„000 $11.613.008
B. Priveb BertMng Facilities --
9. On-Shore Support Facilities $3.471.000 $3.471.000
(Restrvoars.klltwltys.Ut111t1es.Ped etc.)
10. Plblic Boat latnching. Dry Boat $5.481.000 $6.481.000
Sterepe. Fuel 6 Pup-W Facilities
1t. ibrbawster&Harbor Pobvi Offices 595 000
RAW Cmm 12. Wi Flood Corrtml $10.511.0001 S5.256.50D i6.256.540
Charnel i Related Fac111tes
NV M mm 13. *Hm Port $4.610.000 $2.305.000 $2.306.000
WT N0S 14. Wetlands i Emirowantally Sarrsitive $12.582.000 S6.291.000 $6.29I.Om
libitats Outside Linear Part
L1I1A RW(/EH 16. linear Pork i Envirmomnially $IA72.000 f1.812.co0
Sensitive 061tats 1s L1emr Paris
SnE S 16. PCH kW0Ae.9alsa/P01 Cornectar.Jblsa $18.783JO $3,M.333 $2.00.000 $12.M.W
6erftold.iraina Rods A Witmer Ave.
.9 >�.iD0�t10D 156.191.66T sl„fl?2.BOO $23JO.3M f17.31i2.it�
Strap:W18" &rrrdal Fi 0imms.4'lllUmm a Sdsie tmoomm :1r1W1 a.r AsM46%. W EWradrrsi
i ft I;WkF lx.% 9 ky S!1n6^aa l alBm !vw Rtwls".
preiwoary Table 3
SW*ry lbtrtx o4 Mintenarrce Amponsibility v �.
Doke Qua Project, OnwW Ch rtr
(In 19V Dollars) P4,ARELIMiNAv'�
NUKIB vaM NARDrI Sly
RM Man Mont no= Cows RwKL LIN PB wkw EM Smil oSmCF-
OCFA BMW 1. Nwipble Ooeaa Entrance 5900.OQO $450.000
2. State Bach Lpovaarrts -- !D
3. Pactfk(best Highbr Mepir 9u61 K �.
NIIII CwmK1 b. lbin O wwl Fhm POI to s12/.QflO f62.OM f6 AM
PW if Sesin N Quist-Ap Ommecto
b. NM Oweiel &JlMmd4 =7.90D
(aaeludtnq eerina
6. %MWPy 16ter" to (Included above in 9a)
Privets blidumas
NAn11=WM= L NKbow Q wectian --
Ohsw.i aid blabed bpvo wft
NAlUNl1 OD1 W Is. M11k No 1 bsins S PaMrq f106.000 S106.000
1b. Pldslic bereft Facilities i"AM �76.oD0
PMveb NertMnq Facilities —
!. On-Sh" Facilities (Included above to 70
(IbstaoaetJ0e11Mys,lit111ties.PW ek.)
10. h6lic Sat (aurclrtnq. Dry Boat f?m.ODO f�.000
Storage. Fuel i hmpp ut Facilities
11. lbrboreester S ibrbw Patrol Offices
SXMFAL i2.D43,(JOD MMADi763.OW \
FLOM Oo1 M 12. minter&q Flood control S72JW WAD /
flwwel i Related Willies
wim FM M NMine PMir TSUW MAD fMAD
N:11.M N. ktttlande i Envirareentally Sensitive S100.000 $00.000
Wtats Outside Linear Park
LWM PyWA3R IL linear Paris i Envtronam Ily S31.00D SMAD
Sensitive Habitats in Linear Pert
SnEm 16. PQi Amut Alsp/m Cmvwtor.solw
Wfiald.lplm Pads 614nrrer Ave.
1081 PSQ$T E3 mpay M000 Slim.= 19.900 SM.W. .ODD
Smira - rbnm a Mdel Wr.wt3 lnlltwm a Sdwid bglrr.*s3 rblWf Ord As!ioNrUS; BA Ergirm";
� Tta f�grkzr��. TEAto t�.xrm.a.A 4r Mltitaa-f4.�detn.c►.ne Acaactays.
-- ------ ---
Preliminary Table 4
Special District Funded Items
Bolsa Ch_ica Project, Orange County
( In Rounded 1987 Dollars)
..,. Per Unit Cost
Total Cost (5,700 units)
CAPITAL CASTS ( 1 )
Funded Via Enterprise Funds
Off-site Sewer $ 10,400,000
On-site Sewer 5,600,000
Water 9.sm.000
Subtotal $ 25,800,000 $ 4,526
Ur J Funded Via Annual Assessment .
Main Channel (2) $ 8,800,000
Marina Park (2) 2,300,000
=� Arterial Streets (2) 12,800,000
Local Streets 6,400,000
Local Parks & Landscaping 7,000,000
Subtotal $ 37,300,000 $ 6,544
Federal Repayment (HR6)--Local Share (3) $ 44,800,000 $ 7.860
TOTAL SPECIAL DISTRICT COSTS $107,900,000 $18,930
ANNUAL COSTS AT FULL BUILD-OUT
Improvement Bond Debt Service (4 ) $ 3,730,000 $ 654
Federal Repayment (HR6) (3) $ 4,480,000 $ 786
Maintenance
Main Channel (2) $ 70,600
Marina Park (2) 27,000
Ocean Entrance (HR6) (3) 450,000
District Administration 270,000
Subtotal $ 817,000 $ 143
TOTAL ANNUAL COST $ 9,027,000 $ 1 ,583
ANNUAL ASSESSMENT AT ONE PERCENT CAP $12-$15,000,000
(Project value: $1.2 to 1.5 billion)
(Continued. . . )
- d, Preliminary Table 4 (Continued)
Special District Funded Items
Bolsa Chica Project, Orange County
( In Rounded 1987 Dollars)
(1) Preliminarycost estimates subject to change
, g pending further
refinement of capital costs do not yet include land reclamation, oil
consolidation or bunker removal .
UJ (2) Proportionate share of these project elements. Refer to accompanying
Tables 1, 2 & 3.
(3) The local share is estimated at 50 percent of federal outlay. This
share could be credited with inkind services, land contributions,
Low,. developer fees, and other local, contributions. Debt service is
estimated for preliminary purposes at 10 percent constant. See
footnote 4. The remaining 50 percent federal repayment is assumed to
be paid by mariha and commercial uses. Fifty percent of ocean
entrance maintenance is considered a special district responsibility,
however, the U.S. Army Corps of Engineers could contribute this.
(4) Preliminary debt service constant at 10 percent to be refined later.
Based on 20 year bond term, 7.5 percent interest rate, and 5 percent
add-on to bond fees and discount. There may also be interim financing
costs to be determined later.
Source: Williamson and Schmid; Moffatt & Nichol , Engineers; IWA
Engineers; Malkoff & Associates; The Taylor Group; Pacific
Governmental Consultants; Williams-Kuebelbeck & Associates, Inc.
a
NL
Preliminary Table I
Sumary Matrix of Public Project Participation Bolsa Chica Project, Orange Canty
t ,
(In 1987 Dollars)
PROJECT ECT PMECIED OPERATION AND ANNUAL OPERATING
NA,IOR PROEM PRaw E1Dot1S LAiD OMEMP CO16TPXnGN FiMUC SOI E WFIAL COSiS 161NiEWAM AND MIIN1E WIM COST
OCEAN ENTRANCE 1. Navigable Ocean Entrance State COE/State HR6 $32,93B4O00 COE/State $900,000
2. State Beach Irtproveirents State State HR6/State $1,500,000 State --
3. Pacific Coast Highway Bridge State State HR6/State $21,035,000 State --
SUBTOTAL $55, 7-3, 59�,00�
MAIN CHAIR 4a. Main Channel From PCH to State COE/State HR6/State 13,809,000 State/Special District 12470 00
Wrina Basin 6 Cross-Gap Connector
4b. Vain Channel Bulkheading State COE/State HR6/State/ $8,19B4O00 "' State/Special District $15,000
(excluding marina areas) Special District
5. Secondary Waterways to Special District Developer Developer $1,414,000 " F Special District (Included above in 40)
Private Residences � .
SUBTOTAL 13,421,000 0-9—.00
Huntington Harbour Camection StateCOE/State HR6 vy tate 4, 1 , ;7 . tate/BeW t Assesgwnt —
Channel and Related Uiprovenents Benefit Assessment
mum COPPLEX a. Public na Basins A ParMng State StateAW State/Im1 , vate Lessee 1000
7b. Public Berthing Facilities N/A State/HBPD/ State/iBPO/ $11,613,000 HBPD/Private Lessee- $975,000
Private Lessee Private Lessee
8. Private Berthing Facilities Private Developer Developer — Special District --
9. Do.-Shore Support Facilities State State/WD StateAND $3,471,000 NFO/Private Lessee- (Included above in 7a)
(Restrwm,Wallomys,Utilities,Pad etc.)
10. Public Boat Launching, Dry Boat State State/HBPD State/IBPD $5,481,000 HBPD $200,000
Storage, Fuel 6 Purp-OA Facilities .
11. Harbornaster 6 Harbor Patrol Offices State/HBPD State/HBPD HBPD $595,000 HBPD $763,00r
SUBTOTAL $36,445,000 52,043,000
FLOOD CONTROL 12. Wintersburg Flood Control State OCFCD/Developer HR6/OCFCD $10,511,OOD OCFCD 2,000
Channel 3 Related Facilites Special District
MARINA PARR 13. Marina Park StateAEPD/City HBPD/Developer HBPD/Developer $4,610,000 HBPD/Special District -$53.000
Wetlands &Environientally Sensitive State State Hffi/State/ , , tate
Habitats Outside Linear Paris Special District
inear Park &Envirormientally County HBPD/City / ity $1,872,000 HBPD/City $31,000
Sensitive Habitats in Linear Paris Special District
Reroute,Bo sa/PCH Connector,Bo saState/County State/County HR6/State/County $18,783,000 tate ty/C ty —
Gerfield,hbrina Roads 6 Warner Ave. Special District
Hff=Urarga Canty Hartors, Beaches A Parks District T01A ;187'91[1,000 � '�
OCFCD=Oraarge Canty Flood Control District
Source: Wffatt A Nichol Engineers;Williamson E Schmid Engineers;Fblkoff and Associates; IRA Engineers;
Preliminary Table 2
Summary hWtrix of Capital Funding
BDisa Chica Project, Ora Canty
(In 1987 0ollarss)
PfaxCTED SPECIAL 09"IT
106=PlDmEM PRWECT ELEMITS CAPITAL COSTS FET M (H6) SEA7E Cow" DISTRICT ASSE59M(T
OCEAN ENTRANCE 1. Navigable Ocean Entrance $32.938,000 $32.938,000
2. State Beach Inprovmments $1,500,000 $750,000 $750,000
3. Pacific Coast Highway Bridge $21,035,000 $21 035 000
9UIIUAL M4 TU $54.723,000 575 w
MAIN GOMM 4a. Win Channel Fran PCH to $13,809,000 $4,603,000 $4.603.000 $4,603,000
Marina Basin 8 Cross-Gap Connector
4b. Mein Charnel Bulkheadi $8,198,000 $2.732,667 $2,732,667 $2,732,667
(excluding marina areas)
5. Secondary Waterveys to $1,414,000 $1.414,00D
Private Residences
9bTOTAL $23�U0
RKINGiOi HARBOLM 6. Huntington Harbour Connection $24,213,000 $12,106,500 $12,106,500
Charnel and Related Inproveaents
MARINA CORD 7a. Public Drina Basins 6 Parking $15,2B5,000 $15,285,000
7b. Public Berthing Facilities $11,613,000 $11,613,000
B. Private Berthing Facilities --
9. Oro-Shore Support Facilities $3.471.00D $3,471.000
(Restroas,Wslh*ys,Utilities.Pad etc.)
10. Public Boat Launching, Dry Boat $5.481,000 $5,481,OOD
Storage, Fuel b Pup-Out Facilities
11. Harborurester a Harbor Patrol Offices $595,000 $��595 ODD
SUBTOTAL $36.445,1AA1
FLOOD OMM 12. Wintersbung Flood Control $10,511,000 $5.255.500 $5.256.500
Channel Ti Related Facilites
MARINA PARK 13. Mrina Paris $4,610,000 $2,305,00D $2.306.000
WETLANDS 14. Wetlands b Environrentally Sensitive $12,582,000 $6,291,000 $6,291,000
Habitats Outside Linear Park
LINEAR PAiN-JM 15. Linear Paris b Environmentally $1,872,000 $1,872,000
Sensitive Habitats in Linear Park
STREETS 16. PCH Reroute,BDlsa/PCH Connector,BDlsa $18,783,000 $3.888.333 $2.068.000 $12,826,667
GarfieldArIna Roads 8 Warner Ave.
110DIL P(UIECT $MV.9101000 $B9.GOD.ODD $6,194,667 $1,872.000 fMAI.= $17.3ii2.000
source:lbffatt&Nichol Engineers;Williamson 3 Schald Engineers; Mkoff and Associates; AMA Engineers;
The Taylor 9aq. Table prepared by Williams-Kuebelbeck and Associates.
r
Preliminary Table 3
Wnrary Fbtrix of F6intenance Responsibility
BDisa Chica Project, Ora Canty
(In 1987 Dollars)
M ENA M MRDiNI DXDE/ SPECIAL
Mkt PMKM PROJECT EIDMS cogs FEl1ElML HR6 PRMTE BURS SUITE miff/CM DISiRIcf
Off1N ENTRANCE 1. Navigable Oman Entrance $90D,000 $45O.000 $450.000
2. State Beach Jgwoveents — $0
3. Pacific Coast Highway Bridge SLMAL W0
MIN MR 4m. Rain Charnel From PCH to $124,000 $62.000 $62,000
!brine Basin i Cross-Gap Caranector
4b. !bin Charnel Bulkh adin� $15,00D $7.5M $7,50D
(excluding mrina areas) }
5. Secondary Waterways to (Included above in 40
Private Residenioec
SLUM $69.50D 35�,
111iTIMM HARBOUR 6. Huntington Harbour Canection —
Channel and Related I provewrts
"wNA Ma 7a. Public lbrina Basins b Parking $105,OOD $1O5,000
7b. Public Berthing Facilities $975,000 $975,00D
8. Private Berthing Facilities —
9. On.-Shore Support Facilities (Included above in 7a)
(RestromAlbeA.Utilities.Ped etc.)
10. Public Boat Launching, Dry Boat $20D.000 $200.000
Storage, Fuel 6 Pump-Out Facilities
11. Nbrbortaster 3 Harbor Patrol Offices $763 000 $763 000
SM1IIfAL $2M3,uuu ST,�6 >r✓u��.uw
FLOOD CONTROL 12. Wintersburg Flood Control $72,000 $72.ODD
Channel b Related Facilites
MRIM FM 13. lbrina Paris $53.000 $26.500 $26.500
WETUUDS 14. Wetlands E Environmentally Sensitive $1001000 $100,000
Habitats Outside Linear Part
LINEAR PAMi</M 15. Linear Paris 6 Environmentally $31.00D $31,000
Sensitive Habitats in Linear Paris
Si als 16. PM Reroute.BDlsa/PCH Cavector,BDisa —
6arfield,lbrine RAads d Warner Ave.
wK PROJEi.T 53.338,000 $45D.ODO $IJwrw $0.500 $W.Wo fB6.000
Source: rbffatt&Nichol Engineers;Nilliaeson 6 Schnid Engineers;Fwikoff and Associates; DA Engineers;
The Taylor GroW. Table prepared by William-M ebelbeck and Associates.
«
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Preliminary Table 4
Special District Funded Items
Bolsa Chica Project, Orange County
( In Rounded 1987 Dollars)
Per Unit Cost
Total Cost (5,700 units)
CAPITAL COSTS ( 1 )
Funded Via Enterprise Funds
Off-site Sewer $ 10,400,000
On-site Sewer 5,600,000
Water 9,800,000
Subtotal $ 25,800,000 $ 4,526
Funded Via Annual Assessment
Main Channel (2) $ 8,800,000
Marina Park (2) 2,300,000
Arterial Streets (2) 12,800,000
Local Streets 6,400,000
Local Parks & Landscaping 7,000,000
Subtotal $ 37,300,000 $ 6,544
Federal Repayment (HR6)--Local Share (3) $ 44,800,000 $ 7,860
TOTAL SPECIAL DISTRICT COSTS $1075900,000 $18,930
ANNUAL COSTS AT FULL BUILD-OUT
Improvement Bond Debt Service (4) $ 3,730,000 $ 654
Federal Repayment (HR6) (3) $ 4,480,000 $ 786
Maintenance
Main Channel (2) $ 70,600
Marina Park (2) 27,000
Ocean Entrance (HR6) (3) 450,000
District Administration 270,000
Subtotal $ 817,000 $ 143
TOTAL ANNUAL COST $ 9,027,000 $ 1,583
ANNUAL ASSESSMENT AT ONE PERCENT CAP $12-$15,000,000
(Project value: $1.2 to 1.5 billion)
(Continued. . . )
,�
f��� ;� _rid
-� =
Preliminary Table 4 (Continued)
Special District Funded Items
Bolsa Chica Project, Orange County
( In Rounded 1987 Dollars)
( 1 ) Preliminary cost estimates, subject to change pending further
refinement of capital costs do not yet include land reclamation, oil
consolidation or bunker removal .
(2) Proportionate share of these project elements. Refer to accompanying
Tables 1, 2 & 3.
(3) The local share is estimated at 50 percent of federal outlay. This
share could be credited with inkind services, land contributions,
developer fees, and other local. contributions. Debt service is
estimated for preliminary purposes at 10 percent constant. See
footnote 4. The remaining 50 percent federal repayment is assumed to
be paid by marina and commercial uses. Fifty percent of ocean
entrance maintenance is considered a special district responsibility,
however, the U.S. Army Corps of Engineers could contribute this.
(4) Preliminary debt service constant at 10 percent to be refined later.
Based on 20 year bond term, 7.5 percent interest rate, and 5 percent
add-on to bond fees and discount. There may also be interim financing
costs to be determined later.
Source: Williamson and Schmid; Moffatt & Nichol , Engineers; IWA
Engineers; Malkoff & Associates; The Taylor Group; Pacific
Governmental Consultants; Williams-Kuebelbeck & Associates, Inc.
n
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Preliminary Tabu 1
Sumrary Piatrix of Public Project Par-ticipation Dolsa Chica Project, Orange Canty
(In 1%7 Dollars)
PRUCI PROXCIED OPERATION AID ANNUAL OPERATIIi
wim PIDECI'S PRD,1f,CI ELEMN5 LAND OAUMP OD611MIGN RAIDING SUM CAPITAL COSTS MIIKIElYWCE AND Ml!lfEIrA CE COST
OCEAN ENTRANCT: 1. Navigable Ocean Entrance State COE/State {a $32,938,000 COE/State $900,000
2. State Beach Improvements State State HW/State $1,500,000 State --
3. Pacific Coast Highkay Bridge State State (%/State $21,035,000 State --
MUTAL 05,473,000 $900,b�
MIN CHANNEL 4a. lbin Channel Frain PCH to State COE/State HR6/State $13,809,000 State/special District
!brine Basin 6 Cross-Gap Camector
4b. 'bin Charnel Bulkheadi State COE/State HW/State/ $8.198,000 State/Special District $15,000
(excluding marina areas Special District
!
5. Secondary Waterveys to Special District Developer Developer $1,414,000 Special District (Included above in 4a)
Private Residences
51lQiClTAL $23,421,000
Huntington Harbour Cowwtion StateCOE/State { vy/ Late $24,213,OM State/Deneit Asseswmt
Channel and Related Improvements Benefit Assessment
a. Public Varins Basins & PaAinq State State/HBM StateAM $15,285,000vats Lessee $105.
7b. Public Berthing Facilities N/A State/FBPD/ StateA13PD/ $11,613,000 WO/Private Lessee $975.000
Private Lessee Private Lessee
B. Private Berthing Facilities Private Developer Developer -- Special District --
9. On-Shore Support Facilities State StateAm State/WD $3,471,000 IBPD/Private Lessee (Included above in 7a)
(Restroems,k%lkways,Utilities,Pad etc.)
10. Public Boat Launching, Dry Boat State StateA-UPD State/FBPO $5,481,000 HBPD $200,000
Stor>sge. Fuel 6 Ptnp-Out Facilities
11. Harbomester 8 Harbor Patrol Offices State/HBPD StateiWD HBPO $595,000 IND $76300.
SUBTOTAL $36,445,000 9,043,OOU
FLOOD CWM 12. Wintersburg Flood Control State OCFCD/Developer HR6/OCFCD $10,511,000 OCFCD V2,000
Dww*l & Related Facilites Special District x
KRIM RW 13. Mrina Park StateAM/City WO/Developer HBPD/Developer $4,610,000 WD/Special District �a
Wetlandsraomta y Sensitive State S51W Im/State/ , tate
Habitats Outside Linear Paris Special District
Linear PaA A Envirorwwtally County /C ty { /v ty $1,872,OM MCMty $31,
Sensitive Habitats in Linear Paris Special District
Reroube,8ol sa/P01 ConrvctorTTs_a fate/ my Late/County I /State/County $18,783,000 State/County/City
Ger•field,Vorina Foals A Warmer Ave. Special District
TMAL SI17,910.000 $3.338=
lfPt OQ - ftwnty Hadv", Beaetes b Parks District
(r.F(j*0wrge Cmnty flood CmIrol olstrirj
!rye: ihttatt kidw)l Eng?rhnrt; 610 11ymm R irld Eiilr,w rc: M koff and hssariates; 1W Engimet-;
Preliminary Table 2
Surgery hbtrix of Capital Funding
BDlsa Chica Project, Ora County
(In 1987 Dollars}T
PFaECTED SPECIAL 813"
w1im PK ECTS PRMW pBOM CAPITAL COSTS IMIML (HAb STALE COINiY DISTRICT` ASSESWW
OWN Dawi CE 1. Navigable Ocean Entrwnoe M938,000 $N.93B.000
2. State Beach bVvverrents $1,500,000 $750,000 $750,000
3. Pacific Coast Highomy Bridge $21,035,000 $21 035 000
WOUL VA—.d7TIM $54.723:Oa $
MIN CliAHR 4a. Vain Charnel From PCH to $13,809,000 $4,603.000 $4.603,000 $4,603,000
►brine Basin 8 Crvss4mp Connector
4b. Pain Channel Bulkheadi $8,19B.000 $2,732,667 $2,732,667 $2.732,667 \
(excluding mrina areas
5. Sermdary kbterveys to $1,414,000 $1,414,000
Private Residences
- SlhgtOT`AL $23,421,000
HNTINGiOI hgABUhR 6. Huntington Harbour Connection $24.213,000 $12,106.500 $12,106,500
Charnel and Related lnprovmnts
MRINA ODRD 7a. Public lbrfm Basins 6 Parking $15,2B5.000 $15.2B5,000
7b, Public Berthing Facilities $11,613.000 $11,613.000
B. Private Berthing Facilities
9. On-Shore Sttpport Facilities $3.471,000 $3.471,000
(Restro=J6lk+,eys.Utilit1es,Pad etc.)
10. Public BDat Launching, Dry Boat $5,481,000 $5.481,000
Storage, Fuel 8 Pup-Out Facilities
11. Harbotwtaster A Harbor Patrol Offices ,��$5,9�,55000� �$5,9,55 000000 }
SUBTClTAL $X.445:000 $36.4►5.uw
FLOW CWTRCL 12. Winter56urg Flood Control $10,511,000 $5,255.500 $5.2%,50D
Charnel b Related Facilites
MRIM PARK 13. Tarim Park $4,610,000 $2.305,000 $2.305.000
WI ANDS 14. Wetlands b Envirataentally Sensitive $12,582,000 $6,291.000 $6,291,000
Habitats Outside Linear Park
LINEAR PARKASHA 15. Linear Park b Envirower►tally $1,072,000 $I,872,000
Sensitive Habitats in Linear Park
STROM 16. PCH Reroute.Bolsa/PCH Cornector,BDIsa $18,783,000 $3.888.333 S2.068.000 $12,826,667
Garfield Mbrina Roads A Warmer-Ave.
Tom Flaw ;I87.910.000 $89.60D,000 $%.1"Aw $102.QOD 123.881.333 $17.362,000
1 Souee: NDffett S Nichol Engineers;Willimmm i Scheid Engineers;lblkoff and Associates; iW Enginaerx;
1Tm T.,ylrr"o. T*l*rwrimrae+ w Will!wL-rirat,:l1-rk #,0 kuxiata5.
Preliminary Table 3
Surnery Fbtrix of hbintenance Responsibility
9oisa Chica Project. Ora Canty
(In 1987 Dollars
MDiruwu MARINA DCOE/ SPECIAL
M"PRAli M Pi OJw RBNJ(IS COM FmEAill NA6 PRIWTE EM SD17E gEM 1Y DISiRICT
OCEAN BffWNCE 1. Navigable Ocean Entrance $900,000 $450,000 $00.000
2. State Beach Ieprovenents — $0
3. Pacific Coast Highway Bridge 9JUVAL ARM 9W.0
MIN CIVAN L 4a. Min Charnel Fran PCH to $124.000 $62.000 $62,000
Marina Basin A Cross-ft Caaaector
4b. Min Charnel Bulldiendinq S15.00D $7.500 $7,50D
(excluding wrins area) .,
5. Seooncbry WWterveys to (Included above in 4a)
Private fasidenoes
9USiC1TAl MIN
H/ftiwim man 6. Harti"Herbow Connection —
Chamel and Related I pvvammU
iOAMNM COl4w 7a. Public Marina Basins A Parking $105.000 $105,00D
7b. Public Berthing Facilities $975.000 $975,000
8. Private Berthing Facilities —
9. On-Shore Support Facilities (Included above in 7a)
(RestroolN Alhoys.Milities.Pod etc.)
10. Public Bleat Launching. Dry Boat $200.000 Sm,000
StorW, Fuel A P1ap Out Facilities
11. Harboraester A Harbor Patrol Offices $7�63 0000. $7�63eODD
w 9XIMAL $2M3.0 ST.�.� iioi.uw 1
ROM CCi M 12. Wntersbixg Flood control $72,000 $72,0DO
Chamel A Related Facilites
mum PARK 13. Mrim Park $53,000 $26.500 $26,500
rE'nANQ6 14. Wetlands A Envirorwentally Sensitive $10O.000 $100,000
Habitats Outside Linear Part
LINEAR P WK/M 15. Linear Park A Emlionlentally $31,000 $31,000
Sensitive Habitats in Linear Park
SnEE1S 16. PCH Rewoute,Bolsa/PCH Cawwctor.Iolso —
Garfield,hrina Roads A Warner Ave.
711AN FMW $3.MB.00D S45D.00D $IJW,000 $69.500 $W.50D 396.000
5mm: Veffatt 8 Nichol Engineers;Williamson A ScWd Engineers;ObIkaff and Associates; JA Engineers;
The Taylor Dvm. Table pv"wred tv Willim-AvIvlkeck And Associates.
I
Preliminary Table, 4
Special District Funded Items
Bolsa Chica Project, Orange County
( In Rounded 1987 Dollars )
Per Unit Cost
Total Cost (5,700 units )
CAPITAL COSTS ( 1 )
Funded Via Enterprise Funds
Off-site Sewer $ 105400,000
On-site Sewer 55600,000
Water 9,800,000
Subtotal $ 25,8005000 $ 4,526
Funded Via Annual Assessment
Main Channel (2) $ 8,800,000
Marina Park (2) 25300,000
Arterial Streets (2 ) 12,800,000
Local Streets 65400,000
Local Parks & Landscaping 7,000,000
Subtotal $ 37,3005000 $ 6,544
Federal Repayment (HR6)--Local Share (3) $ 44,800,000 $ 7,860
TOTAL SPECIAL DISTRICT COSTS $107,9005000 $18,930
ANNUAL COSTS AT FULL BUILD-OUT
Improvement Bond Debt Service (4 ) $ 3,730,000 $ 654
Federal Repayment (HR6) (3) $ 4,4805000 $ 786
Maintenance
Main Channel (2) $ 70,000
Marina Park (2 ) 27,000
Ocean Entrance (HR6) (3) 450,000
District Administration 270,000
Subtotal $ 817,000 $ 143
TOTAL ANNUAL COST $ 9,027,000 $ 1,583
ANNUAL ASSESSMENT AT ONE PERCENT CAP $12-$15,000,000
(Project value: $1.2 to 1.5 billion)
.,� (Continued. . . )
,�
Preliminary Table 4 (Continued)`
Special District Funded Items
Bolsa Chica Project, Orange County
( In Rounded 1987 Dollars )
( 1 ) Preliminary cost estimates, subject to change pending further
refinement of capital costs do not yet include land reclamation, oil
consolidation or bunker removal .
(2) Proportionate share of these project elements. Refer to accompanying
Tables 1, 2 & 3.
(3) The local share is estimated at 50 percent of federal outlay. This
share could be credited with inkind services, land contributions,
developer fees, and other local contributions. Debt service is
estimated for preliminary purposes at 10 percent constant. See
footnote 4. The remaining 50 percent federal repayment is assumed to
be paid by marina and commercial uses. Fifty percent of ocean
entrance maintenance is considered a special district responsibility,
however, the U.S. Army Corps of Engineers could contribute this.
(4 ) Preliminary debt service constant at 10 percent to be refined later .
Based on 20 year bond term, 7.5 percent interest rate, and 5 percent
add-on to bond fees and discount. There may also be interim financing
costs to be determined later.
Source: Williamson and Schmid; Moffatt & Nichol , Engineers; IWA
Engineers; Malkoff & Associates; The Taylor Group; Pacific
Governmental Consultants; Williams-Kuebelbeck & Associates, Inc.
I .
U.S. Hou!,e of re-se E p L� Ur D
NOV 13 1986
_ OF HUNTINGWN &EACH
ADMINISTRATIVE OFFICE
Thouoht you'd be interested
in the attached
Lsli.l,i 1.,�
SUNSET HARBOR/BOLSA CHICA PROJECT
I. Proposed Project
The Signal Bolsa Corporation, one of the Signal Companies, has proposed
to build a multiple use project near the Bolsa Chica State Park and just
south of Huntington Harbor. The company proposes to build homes, a
hotel , a recreational harbor and a navigational channel on the 1 ,600
acre area. In addition, project supporters have proposed to restore
degraded wetlands and provide flood control, water quality improvements,
fish and wildlife enhancement, parks, breakwaters and jetties, landscaped
arterial roadways, and underground utilities. The federal government
will be involved in only the public aspects of the project; it has no
jurisdiction over the private aspects , such as the homes and hotel.
There are three elements to the public part of the project proposed by
signal: (l) structural measures such as an ocean entrance , deepwater
channel, turning basin, brea)o.ater and jetties and an extension of the
h'intersberg flood control channel; (2) recreational measures, such as
parks, picnic areas, sport and jetty fishing, bike paths, and public
launch areas; and (2) environmental measures, including the upgrading of
914 acres of wetlands.
The project will be located in an unincorporated part of Orange County.
Although located adjacent to the city of Huntington; Beach, the land is
not actually part of the city. Although construction of the harbor a:,d
the channel would cross over some state beach land, most of the surface
area is owned by Signal. The subsurface u.ineral rights are owned by
private oil comaa.nies.
II. Reasons for Federal Involvement
Historically, construction of ports, waterways, and other major water
projects have been a federal responsibility. In fact, President Jackson
first claimed this as a federal responsibility during the mid-1800' s.
Due to the federal government' s historical role and the environmental
concerns which must be addressed before construction of any water
project, these water projects are nearly impossible to construct
without a federal authorization. Although the federal government does
not necessarily have to pay for the project, a full scale Corps of
Engineers study is needed to answer the environmental questions and to
obtain the needed local , state and federal permits.
Since the 1870's, the federal government has paid for most, if not all,
of major water resource projects. But with most of national water
resources infrastructure now in place, the need for a large federal
financing role in building projects is being questioned. H.R. 6, Omnibus
Water Resources Development Act, recognizes the changing federal role and
substantially increases the cost-sharing requirements for federal
projects, such as the Santa Ana River flood control project. Although the
financing of the Sunset Harbor/Bolsa Chica project will be discussed in
further detail later, it is important to emphasize that federal taxpayers
will not pay for this project. Although the federal government is
allowed (not required) to provide � upfront financing, the federal
taxpayer will not be responsible for funding this project over the long
term.
Since the Congress has a record of only considering omnibus water
resources bills every decade or so, the project must be included in this
particular bill or risk having to wait a number of years for further
consideration. The last major water resources bill was enacted in 1970.
III. H.R. 6 and the Sunset Harbor/Bolsa Chica Project
H.R. 6 includes language (Section 1119) authorizing both a feasibility
study and construction of this project. Section 916, which addresses the
financing aspects, are discussed in Parts IV-V. Section 1119 (a) directs
the Army Corps of Engineers to conduct a feasibility study and to submit
the results before October 1 , 1967. Section 1119 (b) provides a
conditional authorization for construction. Actual construction is
ntingen t up3n a number of factors , some of which are specifically
mentioned in this section and some of which are included in other
applicable federal laws.
Although the bill re-authorizes (the agency already has an authorization
for this under current law) the Corps to conduct the study, it does not
provide the actual funding. Congress will have to fund this project
through its normal appropriations process and/or local.-state-private
sponsors will have to provide the funding for the actual study to be
conducted. A Corps Feasibility study is extremely complex and must
address all economic and environmental issues. Every environmental issue
imaginatle , includinc wetlands, beach erosion, and fish and wildlife
issues must be addressee. The study must also address the financial
feasibility of the pro ect and if the Section. 916 financing language will
work for the Bolsa Chica project.
Construction of the actual project would be contingent upon a number of
factors, including a completion of the feasibility study and a positive
recommendation from the Chief of the Army Corps of Engineers and the
committees of jurisdiction in the House and Senate. No federal water
project, including Bolsa Chica, can be conducted without these approvals.
In addition, the National Environmental Policy Act (,'EPA) requires the
preparation of an Environmental Impact Statement (EIS) for any major
"federal action significantly affecting the quality of the human
environment." As this project falls within this category, a full scale
EIS must be prepared and approved as part of the feasibility study
process.
The Bolsa Chica project would also be subject to the "consistency" review
by the California Coastal Commission. The 1972 Coastal Zone Management
Act (CZN.A) authorized the Department of Commerce to provide grants to
states to encourage the development and implementation of federally
approved management programs for the use of land and water in the defined
coastal areas. After the Commerce Department approval of a state's
management plan, federal actions within or "directly affecting" the
state 's coastal zone must be "consistent" with the approved program.
Although the California Coastal Commission has given tentative approval
to the proposed plan, it will have to review the final program prior to
construction.
NEPA and CZMA are the major federal laws governing this project) however,
there are a number of other smaller federal, state and local laws
affecting the project. Project sponsors will have to apply for and
obtain many permits from all three levels of government before
construction can begin.
once these studies are complete and the needed administrative and
congressional approvals are received, the Corps is authorized to
participate with nor.-federal sponsors in construction of this project.
A non-federal sponsor must be involved in all federally authorized water
projects. The California Department of Fish and Game and/or the County
of Orange will most likely to be the non-federal sponsor (s) ; however , it
is by no means assured that either will choose to participate in
construction of the project. As with the funding for the study, Congress
will have to provide construction funds , if it chooses to do so, through
its normal appropriations process. H.R. 6 does not provide any funding ,
ana in fact, _tipulates that if appropriations have not been received
within five years , the project is automatically de-authorized. This is
the case for any project in H.R. 6.
it should be noted that just because Signal has proposed certain features
to be included in the Bolsa Chica project, that does not necessarily
mean that those features will be included in the final project. As
stated above , every aspect of the project is subject to a number of
studies and per-mits. If the economic and environmental conditions cannot
be met and/or the needed permits not obtained , those aspects of the
project not approved will not be built. A aaever, you should be aware
that Sicna: is free at anytime to build whatever it wants on the '_and it
owns, suh-ect to approval by the local and state zoning laws. The
federal government would not be involved in a decision to build only
the homes-hotel portion of the project.
IV. The Financing Proposal
Since the 1670' s, the federal government has funded water projects based
on a straight cost:benefit ratio and has never realized a profit or
return on its investment as private investors do. The 1962 Rivers and
Harbors Act requires the Corps to look at both direct and indirect
national benefi-cs and costs (both financial and environmental) of
proposed water projects; however , it does not compute the direct
financial benefit to individuals or take into account the increase in
private property values attributable to the federal project.
Thus, Senator Abdnor, Chairman of the Senate Subcommittee on hater
Resources included language in the Senate water resources bill as early
as 1982 which would allow the federal government to recapture some, if
not all, of its investment in water projects. This language is in
Section 916 of the final bill.
Section 916 will simply allow a federal agency to enter into contracts
with a special purpose district to repay the federal ajpd/or non-federal
investment in a water resources project. Special purpose districts
(referred to as a Federal Project Repayment District (FPRD) in this bill)
are created by the local sponsors tEsuant to state law. The FPRD would
have, if formed and granted by the state, the power to collect a transfer
fee on any transation involving the sale, transfer, or change of
ownership of the lands and improvements within the district. The project
beneficiaries will be assessed by their own state or local government,
depending on who enters into the contract with the federal agency.
Although the Bolsa Chica/Sunset Harbor project is allowed to establish a
FPRD and to use this financing mechanism (in Section 1119) , other
projects are expected to use this form of financing.
The FPRD would be legally responsible for repaying the federal share with
interest; the exact terms of repayment would be based on the contact
signed by the project sponsors and the federal government. It is likely
that the exact terms would vary from project to project. The FPRD can
choose whatever legally-accepted method it wants to collect the money to
repay the federal government. Section 916 simply authorizes a "benefit
assessment at the time of sale , transfer , or change in ownership of the
lands and improvements in the district" as one possible method. The FPRD
could choose another method of collecting the money, such as annual
assessments on those living in the district, to repay the federal
investment.
The assessments, in whichever form they take , are made based on the
benefits received from owning property near a major water resources
project. It is based on the theory that those people who own property in
the FPRD are receiving direct and indirect financial benefits from owning
property near the federal project. It seems only fair that those who
receive the direct financial benefit (in most cases this will take the
fora. of increased property values) pay an assessment for the pre;ect.
The federal taxpayer, who does not see the same benefit, should nct be
responsible.
V. Financing Proposal and the Sunset Harbor/Bolsa Chica project
The cost of the project associated with the public aspects is estimated
at $244.4 million; however, the most the federal government could provide
as an upfront loan would be $44 .8 million, thus Signal would be required
to find private financing for the remaining public portion as well as
the entire private portion. However, any money provided by the federal
govern.^ient must be sully paid back with interest. As you will note, the
last sentence in Section 1119 requires that both the cost of the
feasibility study as well as the federal upfront money be repaid with
interest. As mentioned earlier, the federal government will not be
involved in the private portion of the project.
Section 1119 requires the Corps to also study the feasibility of the
Section 916 financing language in conjunction with the Sunset Harbor
project. If the repayment option is not viable, then the project will
not be built. I requested that the Sunset Harbor/Bolsa Chica project be
authorized only if it was done so in conjunction with payback provisions
such as those in Section 916. I feel very strongly that the federal
government should not pay for this project, and although some federal
financial involvement may be necessary in the beginning, this money
must be repaid to the federal Treasury with interest.
in order to repay the federal government, the sponsors will be allowed to
establish a FPRD which would enter into a contract with the federal
government to repay the federal investment (including study,
construction, and maintenance funds) through benefit assessments. It
should be emphasized that under California state law, no one currently
living in Orange County or Huntington Beach would be subject to the
assessment. The FPRD can only encompass areas that are now uninhabited,
thus residents would only be subject to assessments if (1) they chose to
buy property in the FPRD or (2) they voted to be included in the FPRD.
According to California state law, those people wishing to purchase
property must be made fully aware of the benefit assessment prior to
sale.
Some have claimed that this financing proposal violates Huntington Beach
city and state (Prop-13) law. As city land is not involved and city
residents would not be assessed, the city charter does not apply. In
regards to state law, a number of public entities have implemented these
types of assessments to pay for specified public benefits. These
assessments have been upheld by a number of California court decisions ,
thus it is likely that this Bolsa Chica transfer assessment would be
legal under California law. However, should this type of assessment be
found to be illegal, the FPRD would have to collect the money to payback
the federal government in another manner. Section 916 specifically
states that these districts can only be established in accordance with
state law.
Proposed changes in Section 916
During conference discussions, the national Association of Realtors
and local chapters of this group strongly opp:,sed the financing lanc_uace
and suggested modifications in the language . The Realtors languaae would
have deleted the phrase "shall include the power to collect a portion: of
the transfer price from any transaction, involving the sale, transfer, or
change in beneficial ownership of lands and improvements within the
district boundaries" (lines 6-9 on page 259) and replaced it with "shall
include the power to recover these benefits through any cost recovery
approach that is consistent with State law ."
As this language would still have required that the federal government
would have been fully paid back, I had no problem supporting the
Realtors ' change. The Realtors felt more comfortable with the language
because it did not specifically mention the assessment at the time of
sale, etc. This language would still have allowed the FPRD to collect
benefit assessments to repay the federal Treasury and would have required
full payback. Due to the fact that the realtors requested the chance
rather late in the conference negotiations (the conference had been
meeting since April) , the final bill retained the original language.
Many members of the conference committee supported the change, and it is
possible that the committee will adopt technical corrections next year
changing this provision.
a�
' 5v
works or :fivers and harbors , and for otner. purposes ,
2 aoproved March 2 , 1945 ( 33 U . S . C . 603a ) , is amended by
3 striking out $300 , 000 ' ' and inserting in lieu thereof
4 . $1 , 000 , 000 .
5 ( h ) The Secretary :s authorized to use the authority
6 contained in section 205 cf the Flood Control Act of 1948 ( 33
7 U . S . C . ., 01s ) . sect on 2 cf the ..-_god Control Act of August
8 28 1937 ( 33 J . S . C . 7C1c ) , sec_ .on 14 of t:^e Flood Cont :c:
9 Act cf 1946 ( 33 U . S . C . 701 . ) , section 107 of the River and
_0 uarbor Act of 1960 ( 33 U . S . C . 577 ) , section 3 of _he Act
11 entitled " An Act authcr - zinc :ederal participation in t,,e
12 ccst cf protecting the shores of publicly owned property ' '
_3 approved Aucust .j , 1946 ( ' 3 J . S . C . 426c } , and section _i _ c
i4 the River and Barber Act of 1968 ( 33 U . S . C . 426i ) in the
15 Trust Territory of the Pacific =stands .
16 ( i ) The amendments made by this section shall not apply
17 to any project under contract for construction on the date of
18 enactment of this Act .
19 SEC. 916 . FMERAL REPAYMENT DISTRICT.
20 ( a ) The Secretary may enter into a contract providing for
21 the payment or recovery of an appropriate share of the costs
22 of a project under his responsibility with a Federal Project
23 Repayment District or other political subdivision of a State
24 prior to the construction, operation , improvement , or
25 financing of such project . '"':e =eder al Project Repayment
WRo
' o �
District shall include .ands and imprcvemen:s wnich receive
2 :dent-ifiable benefits f:om the construction or operation of
3 such prcect . Such districts seall be established in
accordance with State raw , shall have specific boundaries
5 which may be chanced from time to time based upon further
6 evaluations of benefits , and snail include the power to
7 ccl_ect a por _ _on cf the transfer price : :om anv : :ansact:cn
6 _n vc1v:nc _ne sale , _rans'fe: , chance _r. oenef :c:al
o zwnersn_o cf lards and _mprovenents with_, n the c_st . : ct
: 4 nou ndaries .
1, ( b ) 'r _c: tc exec•.. _ _or sf an ac eemer.t pursuaP.t
: 2 sutsectiCn ( a ) of t.`:is SeCtiOP. , the Secretary shall r ec'ui :e
and apo:ove a st.:cv from _he State or polcal suDdiv_sic.n
14 demonst:atirc that the revenues to be derived from a contract
_5 under this sect:on , or an acreement with a -ederal ?:o-�ect
16 Repayment District , will be sufficient to equal or exceed the
17 cost recovery requirements over the term of repayment
: 6 by =ede:al law .
l9 SEC. 917 . EMERGENCY AND DISASTER AtTTEORITY .
20 Section 5 ( a ) cf the Act entitled An Act autnorizing the
21 construction of certain public works on rivers and harbors
22 for flood control , and for other purposes approved August
23 IS , '�941 ( 33 U .S . C. 701n ) , is amended by striking out
24 drinking each place it appears :n the second sentence and
25 by inserting after the firstiksentence the following new
.r-
1 generating facilities is transferred and accepted under
2 subsection ( d ) of tnis section , and for eacn succeeding
3 fiscal year , such sums as may be necessary to operate and
4 mnair.tain such facilities .
5 SEC. 1118. CAPEN POINT , NEW JERSEY .
6 That portion of the Hudson River in the New York Bay
7 consistina of--
6 ( . ) al_ ,nat p.ece or parcel of :and , conta.n.nc
9 120 . 54 acres , situate , iyino and beinc in the city c_`
10 �ersev City , Hudscn County , State of New Jersey , .;Don or
around _hat certain _ot -r p.ece cf :and known as
12 raver. Point Area ; and
13 ( 2 ) all at piece or oarcel of :and , contai: inc th 18
14 acres more or less , situate on the northwesterly side of
15 New Jersey State Hichway Route 185 ,
16 more particularly described in the Congressional Record dated
17 Karch 11 , 1986 , pages 52446-2447 , is hereby declared to be
18 not a navieable water of the United States within the meaninc
19 of the Constitution and the laws of the United States , except
20 for the purposes of the Federal Water Pollution Control Act .
21 SEC. 1119 . SUNSET HARBOR, CALIFORNIA.
22 ( a ) The Secretary is directed to expedite completion of
23 the feasibility study of the navigation project for Sunset
24 Rarbor , California, at a total cost of 5900 , 000 , and to
25 submit a report to Congres on the results of such study not
t
1 later than October ' 1987 .
2 ( b ) Upon execution of agreements by the State of
3 California or local sponsors , or both , for preservation and
4 mitigation of wetlands areas and appropriate financial
5 participation , the Secretary is authorized to participate
6 with appropriate nor,-='ederal sponsors in a pro'!ect to
7 demonstrate the feasibility of non-:ederal cast sharing �;ncer
8 the provisions c_` sect.on 916 c_` tr.is Act . Sucn prc,ect shall
i
consist of the gro,ect for navigation , flood cont:-I , and
,0 o:otec.ion t^e Seal Beac^ Nava, Weapons Station at Sunset
71 Beach a:bo: , Bo,sa Chica Say , California , at a total. cost of
.2 SS9 , 600 , 000 , with an estimated first :ede:a, cost Of
:3 S44 , 800 , 000 and an estimated fist non-Federal cost of
,4 $44 , 800 , 000 , including such modifications as the Secretary
15 may determine are advisable . The Secretary shall not
16 undertake construction without the concurrence of the
17 Secretary of the Navy on measures to protect the Naval
_B weapons Station. The Sec-etary stall_ , not :ate- tnan two
19 years after the date of enactment cf this Act , mace a
20 determination of financial feasibility of the project and , to
21 the extent possible , transmit a copy of a final feasibility
22 study and copy of any final environmental impact statement
23 recuired by sectior. 102 ( 2 ) (C ) of the National Environmental
24 Policv Act of 1969 , and any recommendations of the Secretary ,
25 with respect to such projectaato the Com _' ttee on Public Works
... . _.. ._._...__
1 and Transportation of the House of Representatives and the
2 ComMittee on Environment and Public works of the Senate .
3 Agreements for local financial participation shall include
4 the agreements set forth in section 916 so as to meet non-
5 Federal contributions during the period of construction as
6 required by Federal law as administerec by the Secretary ,
7 tooether with full amort. zation of the remaininc Federal
8 investment , including cysts of proect _easiblility studies .
9 SEC. 1120 . HILLTOP AND GRAY GOOSE IRRIGATION DISTRICTS.
10 ( a } The existing _ rrication p:o-ects known as the Hi2.top
r �catiCn D_str :ct , BrL`:e Ccun:y , So,-, DaKcta , and. t^e Gray
12 Goose Zrrication District , Ruches County , South Dakota , are
13 authorized 'as units of the Pick-Sloan M_- ssour i Basin Pr ocr am.
14 As so authorized , the Hilltop Unit and the Gray Goose Unit
15 shall be integrated physically and financially with the otter
16 Federal works constructed under the comprehensive plan
17 approved by section 9 of the Flood Control Act of December
18 22 , 1944 ( 58 Stat . 887 , 691 ) , as amended and supplemented ,,
19 and subject to Federal reclamation 'law (Act of June 17 , 1902 ,
20 32 Stat . 388 and Acts amendatory thereof and supplemental
21 thereto) .
22 (b) Pick-Sloan Missouri Basin Program power shall be made
23 available as soon as practicable for the Hilltop Unit and the
24 Gray Goose Unit, on the same basis as for other units of the
25 Pick-Sloan Missouri Basin P:4�gram. The suballocated costs of
WI LLIAMS KU EBELBECK & Assoc es, Inc.
Real Estate Economic, Financial and Management Consultants
17702 Mitchell North,Suite 205,Irvine,California 92714-6504 (714)474-1606
Pnnnpi
Lawrence E Williams.Jr.
lames L Kuebelbeck
Asso;rnM>
Edgar C Rust. Ph D
Shant 4Fatanian, Ph D
April 9, 1987
Mr. Richard Barnard
Assistant City Manager
City of Huntington Beach
2110 Main Street
Huntington Beach, California 92648
Dear Mr. Barnard:
Attached are summary financial materials on the Bolsa Chica project
including preliminary capital costs , source of funds and operating
information on the Special District. This information is a 1987 update
based on the process established in the Financial and Management Plan
adopted by the Board of Supervisors in 1982 and updated in 1984.
The Special District is the proposed vehicle to implement Board Resolution
No. 81-479, April 6, 1981 , which was adopted to protect general taxpayers
from. incurring any net costs from Bolsa Chica. A preliminary fiscal
analysis of potential annexation of Bolsa Chica to the city was undertaken
in 1981 and concluded that if the tax allocation agreement (Board
Resolution No. 80-2093, December 23, 1980) could be renegotiated that at
full development Bolsa Chica could more than pay for City services but in
early years shortfalls were likely. A Special District was anticipated as
the mechanism to help offset these shortfalls and could be the structural
vehicle to help insure orderly and efficient fulfillment of public
financial obligations.
All of the attached information is preliminary and is subject to review and
further negotiations. It is presented as an update as to the status of the
project in conformance with the process established by the Board of
Supervisors in 1962.
Very truly yours,
WILLIAMS—KUEBELBECK & ASSOCIATES, INC.
James L. Kuebelbeck �--
Principal
JLK:sst
Attachments '
San F ranctscn • Orzngp Counth
Preliminary table 1 ? � IV
,--� � 'r1. Ak'
Slwrery �tr1x of Public Project Part u ipatnary la le I ca ec Ltea(in 19f41 Dollars) � � \�
Po"C1 PRUMD OPEiNT101 me A1M11L (PEAI1T"
"M PFUM P1UM UBElt1S LRID 0dER5111P M111WIC11 Ft/01116 SOI.iCE UPr1AL CUM NUx111M11(E AM WJNWWU COST
OCEAN DMIN CE 1. Navigable Ocean Entrance State CQE/State IN $32,93B.000 COE/State $900.000
2. State Beach Lpevem nts state State 1416/State $1,500.000 State —
3. Pacific Cast ItigMwy Bridge state State 1i16/State V1 035 010 state --
Sl1B1atAL fT�5:713:b�
own
49. n ro. to state tale tate $13.111AX State/Special : ct 5124
pain Basin i Linos-Gap Connector
4b. Plain Ctwwwl Bulldleadi State CQE/State M6/State/ $B.19B.000 State/Special District $15.000
(excluding wriro araas1 Special District ,
S. Secondary ltaterveys to Special District Developer Developer $1.414,000 Special District (Included above in 4a)
Privet@ Residences
g>BipTAI0TXLw ti�.bif�
t ngtm Fbrbow Cowwtion State CCUState i$Alavy/Sate $X.213M StateAmnefit Asse&iwnt --
Clwnel and Related 1ap►evements Benefit Assessors t
CUFM a. Wic Volvo Fisifns A Parking state tate tate vate Lessee 105.701
7b. Public Berthing Facilities N/A StateAMI StateA*Ml $11,613.000 WO/Private Lessee $975,000
Private lessee Private Lessee
B. Private Berthing Facilities Private Developer Developer — Special District --
9. On.-Shore Support Facilities State StateAfn State/lin "471.000 WD/Private lessee (Included above in 70
(Ilestiom.Ibllerys.ixilities.Pad etc.)
10. Public Boat Launching, Dry Bat State State/ib1P0 State/wO $5,481.(W 1fO U00.000
Storage. Fuel B Pump-Out Facilities -
11. iirbori ester i lbrbx' Patrol Offices StatOM State/If" H" $595 ODD HFD 6,
SiF1Q AL ib 4s— u .
ntersh" Flood control state OCF{D/Developer W/aSCD $10.511In M:CD 2.000
Gwnel A Iblated Facilites Special District
13. m Pori StateAM/City A-ww Mee /Oeve open KOM Wo/wial District
Wttlards &Wrowentally K— Sta4 tote $12.WAO state
Habitats WUlde Linear Park Special District
Linear Perit I Environmentally County tea —t tea
Sensitive Hrbitats in Linear Panic Special District
TO sa tor. sa to rcty Statelcounty tatt xwnty Sts tY
6arfleld.Polne Reads &leaser Ave. Special District
WO-Oww tlrntY IM.bars, a.r.dw a Pori* District 1011111 =1W.910.Ot10 t3.�
ounmoew r cammy Hood cmt.el District
Samna: Wfatl a altftl Er9tw m;Wllimow" 9 srwd froffor"..iMlwf old AsUX10es; rop t.gl.wrrs;
PrV I iexinary ianir 1 y, y
Bowery (In
of fapit�I Funding
Bnlsa Chtu Pr JeCt, C"v
(!n 1487 OullarsFA
mum/QEM plua 119C S OAP1iK OOSTS F1r3UK IiEi SlAw OSIm DLSnICT ASSEBW
amour wrwmm 1. Navigable Ooaan Entrance 532.9.'18,000 532.438.000
2. State Basch bPvvmw is $1.900.000 $750.000 $750.000
3. Ftacltk Coast HlghW ��0fAL 52�, $750
111111 Down 4m. Ibin Owml Fry POI to 513.809.00D $4.603.m0 $4.603.000 $4.603.000
Ibrina bsln i Ooss-Ap Oxwedw
4b. Ibin Owveel Buildwdinq 18.198.0[>D $2,732.667 $2.732.667 $2.732,W
(gelid"snrl�a areas)
S. sKwd,y kbwwk" to $1,414.000 51.414.000
PMtAb Ibs/dunns
Si610fA1 $".42].N 57•MS•69 17.335.6v 19,749;W
KWVG1O1 IM III 6. Hetblgtun Haber(kowtion $24.213.000 $12.106.50D $12.106.U0
Olwsnl aid Aalated bpvwm b
IMAIIM OD)iw 74. F46lic"WIN Was A Pbrtllo $15.211WC0 $15.206.000
7b F1elic But! Pq Facilities $11.613,000 $11.613r00Y
b Mnete both rq Facilities --
4. Otb-Aae Swml Facilities $3.471.000 $3.47100
(Assdooas.Milb.l�.Ut111tNs.Ped etc.)
10. hblic bet Lmrchinq. Dry Boat $5.481.000 56.481.000
so". rwl t Pwy.OA Facilities
11. IbrBorssster 6 ibrbor Patrol Offices M $595.000
167UTAL $A.Mb.wo $36, .tw
HOOD Own 12. W Flood ortrei $101511.000 $6.256.500 Sb.256.500
0- mol 6 blated Focilites
wam Fm 11 Ibr1N Parr $4.610.000 $2.305.000 $2.306.000
IErL406 14. Mrtlands &Envinnentally Sensitive $12.582.000 16,291.000 $6.291.000
NaD1Uts Outside 111wir Pat
L11EM Fylll(If'9M IL linear Part 6 E -mmontally $1.8 2SM
Sensitive Hbbitats is UrAw Pat
S11VIR 16. POI A0raiie,IbI1a/POI CNVWt0r.9olsa $18.783.000 53AW.333 $2.068A00 S12.e2a
ftrfb1d.► wsm Poods 0 W"w Ave.
1 Nl1Ei.T S11D.910AW JWADD.A104 566.194.fa S1,Ett.000 .[!!1.]3J �I7.aQ�
>rlaeat:1We" I aid.) fpj ws;tllllUxw s sdo"f.gb...,s: WWI esd Mea14*06: bA Enalrawst
i Ibm Tuber&mmep. fable pcywc.A end AawletrA.
slaaelry Mtrix of Ibinpenmr+cr iirsponslb'my
8nlsa Chia Project, GrWV Canty
(In 19FU DOlays) -�► '
. (
NU MMM q►H1111 MIXDtQ11f/ IX
MDR"OEM now HAMS Om FIROFiL Mi6 PRIM7E MUM SRIE Lv�m SW W
O(FN1 unwam 1. Navigable Ooeee Enbwm S90D.OU0 f4Ww f4W.00D
2. S"Block irp vvrernts — f D
3. Facit'k ODest iHgtW BMclpe SQL. '111 A
WX
"m Oran 41. BNie Owner Rule KN to S1A1M 162.0m S62m
IMrltr Rule A O at-ft(bkkFoctm
fir. Oble Owm) SulMmdt vj S15.00D $7.3O
(eicllaihlq�1M +rr+us)
6. Swondwy Yrtwum to (included abow in 4s)
PHWW ftsk%rmas
$AMR SWU S�
N T111 Oy Rvem i. tirrt W Owwocttat --
Clweu sec Alatad bpVAeeets
I0-mi COiN.E)r 70. Wk 16rieo Wier A"in f106.000 f105.000
?k Wk INthirq Feeilitla SKnSM 59 S OD
1011` S. PNwte Serthieq Fa111t%% —
!. (h-91me Support Fwilitla (Iklcltdod obow in 7s)
(Illstroaesdrlte�yJAilitia.Pad etc.)
V. M1tc Suet LmmMeq. Dry Snot fMXOD SMD=
SEorpc. Flwl &Puep-Out Facilitla
11. ifrborwster S limbm Petrol OKioes RXMK �� 1T�6.D06 3-M
ROOD COIi1 12. Mlnftr* p Flood Control WAD f72.DDo . J
Owml 6 Ilrleted Facilites
110= Im 13. Ilrlrke Part S53M Wfi.9OD SX DD
IERM 14. Mrtlw* i bairveewtally seneitin SIM.= SIODM
Wtab OAtside LI on Pert
BIF A FMIIc/ESM 16. Unw Prtri! 6 Owli >7rentally f31M 531m
Sensitive*Mtsts to timer Part
SiRIM 16. POI 1 pmAe.1lnis "tmvw-tar.en)se --
OrfMldArim iM& 6 Marne Ave.
im PSDIiH.T 53.33�OD0 S4�.o00 fI.BKS1�000 fel.'OD swim
%MCI:ranren a ftftl 6 scl.ald Fp oar";ftiwf aid AuKistes. PO Epina.t,: .
i I TM Iql++4np. td+4 ptt!asA IW M111fawrRlwEnlMr4 and Aaaoclaha.
Preliminary Table 4 �
c Special District Funded Items
�.q Bolsa Chic& Project, Orange County
( In Rounded 1987 Dollars )
Per Unit Cost
Total Cost 15,700 units)
CAPITAL COSTS ( 1 )
�W
Funded Via Enterprise Funds
Off-site Sewer $ 10,400,000
On—site Sewer 5,600,000
Water 9,800,000
Subtotal $ 25,800,000 $ 4,526
i Funded Via Annual Assessment .
Main Channel (2 ) $ 8,800,000
Marina Park (2) 2,300,000
-; Arterial Streets (2) 12,800,000
Local Streets -6,400,000
�- Local Parks b Landscaping 7,000,000
Subtotal $ 37,300,000 $ 6,544
Federal Repayment (HR6)--Local Share (3) $ 44,800,000 $ 7 ,860
TOTAL SPECIAL DISTRICT COSTS $107 ,900,000 $18,930
ANNUAL COSTS AT FULL BUILD—OUT
Improvement .8ond Debt Service (4 ) $ 3,730,000 $ 654
Federal Repayment (HR6) (3) $ 45480,000 $ 786
Maintenance
Main Channel (2) $ 70,000
Marina Park (2 ) 27,000
Ocean Entrance (HR6) (3) 450,000
District Administration 270,000
Subtotal .$ 817,000 $ 143
TOTAL ANNUAL COST $ 9,027,000 $ 1 ,583
ANNUAL ASSESSMENT AT ONE PERCENT CAP $12—$15,000,000
(Project value: $1.2 to 1.5 billion)
a�
(Continued. . . )
w
Preliminary Table 4 (Continued)
Special District Funded Items
Bolsa Chica Project, Orange County
(In Rounded 1987 Dollars) I
® (1 ) Preliminary cost estimates, subject to change
g pending further
refinement of capital costs do not yet include land reclamation, oil
consolidation or bunker removal .
(2) Proportionate share of these project elements. Refer to accompanying
Tables 1, 2 5 3.
(3) The local share is estimated at 50 percent of federal outlay. This
share could be credited with inkind services, land contributions ,
developer fees, and other local. contributions. Debt service is
estimated for preliminary purposes at 10 percent constant. See
footnote 4. The remaining 50 percent federal repayment is assumed to
be paid by marina and commercial uses. Fifty percent of ocean
entrance maintenance is considered a special district responsibility,
however, the U.S. Army Corps of Engineers could contribute this.
(4 ) Preliminary debt service constant at 10 percent to be refined later.
Based on 20 year bond term, 7.5 percent interest rate, and 5 percent
add—on to bond fees and discount. There may also be interim financing
costs to be determined later.
Source: Williamson and Schmid; Moffatt b Nichol , Engineers; IWA
Engineers; Malkoff S Associates; The Taylor Group; Pacific
Governmental Consultants; Williams—Kuebelbeck b Associates, Inc.
I ��
E� f
R UE 'TF �
EQ � OR CITY COUNCiL ACTION
' RCA 87-2
Date April 6, 1987
Submitted to: Honorable Mayor and City Council Members
Submitted by: Charles W. Thompson, City Administrat
Prepared by: Richard Barnard, Assistant to the City A Yinistrator
Subject: PROPOSED LEGISLATION FOR IMPLEMENTATION ,OF THE BOLSA CHIICAv,,
DEVELOPMENT PLAN SB 1517 (BERGESON)
6)17 ir(,ffi
J,u 1/-10
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
�-Statement of as:,ue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
In (iiscussions with Signal Landmark late last week it was indicated to city staff that the
preli.n7inary economic anaivsis for the proposed project will be available the week of
A1;ril 6th. Signal Landmark would like an opportunity to present to the City Cou;)cil at a
S',:!�dy Session, the rationale and need for SB 1517.
RE-COWMENDATION:
Set a Studv Session prior to April 13, 1987, for the purpose of having Signal Landmark
present their implementation strategies for the Bolsa Chi-ca Land Use Plan.
i
ANALYSIS:
Senate Bili 1517 (Bergeson), is an attempt to address the impier,ientation phase of the
Balsa Chi.ca Land use Plan. The County of Orange has, for the past 10 years, peen
-:evcloping the Bolsa Chica Land Use Plan. The P1as was approved by the Grange County
r3ot�rd of Supervisors on December 18, 1985, and was certified by the California Coastal
Commission on January 8, 1986, with certain required conditions and act"ons to be
corrcpleted prior to final: Coastal Commission approval. This last phase of the Bolsa Chica
LCP process is referred to as the confirmation approval process by the California Coastal
Ccrnrnissi.on.
SB 1517 (Bergeson) appears to be premature at: this p rticular time, since there continues
to be a host of unanswered questions concerning the following:
1. "The need for additional information concerning ocean access and
its af±-CM upon local beaches;
2. The lack of an economic feasibility analysis of the proposed
development plan and its relationship to the proposed Special
District;
P10 5/85
F
3. The lack of sufficient time to review and study the financial analysis, even
if it is made available at this late date;
4. The need for information concerning the feasibility of the Huntington
Harbour and navigation connection;
5. The need for the Wetland Restoration Concept plan and how that plan will
be phased, financed, both for construction and for operation and
maintenance; and
6. A need to have information concerning the repayment method and
repayment schedule for HR-6 funds that may be appropriated by Congress
for the Bolsa Chica.
It should be made clear that neither the County, the City, nor Senator Bergeson, is
responsible for the time constraints that Signal Landmark is expecting everyone to abide
by. The Bill has been strategized by Signal Landmark in such a way as to make it
necessary for everyone to move quickly in order to keep to Signal Landma.rk's time
schedule.
The city staff has indicated to Signal Landmark a willingness to work with them, the
j County, the State, and all other interested parties to move the project forward in a
responsible manner that will provide for a quality development in accordance, with the
Bolsa Chica Land Use Plan. However, it is not the ci.ty's desire to be forced into taking a
position on the bill without the benefit of the facts and figures as they relate to the
proposed special district. The city is willing to work in a cooperative effort to pursue
policies and implementation strategies that will enhance and protect the residents of the
community, as well as the integrity of the current. Local Coastal Plan. The city wi.11
..continue to exhibit restraint with the legislation as currently drafted, with the the cit 's
objective being to reach a more reasonable approach that allows for the establishment of.
a cooperative partnership between the City, County, State, and Signal Landmark.
Because of the short timeframe that has been presented to the city, it may be advisable
.for the City Council to consider requesting Senator N�larian Bergeson to Have SB !517
rnade into a two-year Bill, thus giving all parties an adequate timefrarrne to negotiate a
pre-annexation and Development Agreement, and to better understand, the financial
irnpact�s that the Special District will have upon the future residents of the area, as well
as the city of Huntington Beach.
FUNDING SOURCE:
No funds required.
ALTERNATIVE ACTION:
1. Adopt Resolution , indicating the City Council's concerns regarding SB
1517 (Bergeson), as it is currently drafted.
ATTACHMENTS:
1. Resolution
2. Position Statement regarding SB 1517 (Bergeson)
CW T/RB:paj
2614a
POSITION STATEMENTS REGARDING SB 1517
1. That the proposed Special District legislation should not be heard in committee until a
comprehensive economic analysis indicating the use of funds and financial encumberances
on all developed property and other governmental entities is made available by Signal
Landmark and time is provided for the City, County, and State staff to analyze and
determine its impact on the Special District and local government.
2. That annexation of the ENTIRE Bolsa Chica area into the City of Huntington Beach is
to occur on a phase basi.s at an appropriate time during the development process, prior to
the issuance of building permits.
3. An appropriate State agency shall provide the management and maintenance for the
restored wetlands and environmentally sensitive habitat areas outside the boundary of the
..linear park. Such management maintenance shall be funded in accordance with paragraph
7.
4. That the Bolsa Chica be annexed to Orange County Sanitation District No. 1 t for the
purpose of having the coastal trunk sewer constructed to serve _ the Bolsa Chica
development and other geographical areas within the City of Huntington Beach.
5. That all Public Facilities and public works infrastructure that are engineered and
constructed to serve the Bolsa Chica development are in. accordance with city
standards and requirements.
6. That the Special District is to financially participate in the current Sand Replacement
Program,.
7. That the proposed Special District should be limited in scope and authority and power
to these specific put-poses:
a. Federal Repayment District.
b. Development and maintenance of the ocean access and harbor if constructed.
c. .Provide a source of funding for wetland restoration and for continued maintenance.
8. That an Advisory Committee of experts be established to work with the responsible
State agency for the purpose of overseeing the Wetland restoration project.
9. To confine the Special District's power of Eminent Domain to within the boundary of
the Special District.
10. To eliminate the power of the Special District to collect a Transient Occupancy Tax.
11.. The boundaries for the special district shall be incorporated into the legislation prior
to being heard in committee.
2579a
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH REQUESTING THE
CALIFORNIA LEGISLATURE TO DEFER ACTION
ON SENATE BILL 1517 (TO CREATE BOLSA
BAY HARBOR AND CONSERVATION DISTRICT )
WHEREAS, Senate Bill 1517 was introduced on March 6 , 1987 to
create Bolsa Bay Harbor and Conservation District and is set for
committee hearings on April 22 , 1987 , and
Such bill would create an independent special district to
develop approximately 1,600 acres of land in the Bolsa Chica area,
a county island located entirely within the City of Huntington
Beach in Orange County, California , and within the city ' s sphere.
of influence, and
The district would be governed by a commission elected solely
by the landowner/developer and vested with soverign governmental
powers , and
Serious environmental , local governmental , economic, and
„ other impacts requiring further study and examination will arise
from the creation of the independent district .
NOW, THEREFORE, the City Council of the City of Huntington
Beach resolves and finds as follows :
1 . The Bolsa Bay Harbor and Conservation District Act
( SB 1517 ) would create an independent district surrounded
entirely by the City of Huntington Beach and having broad power
and authority to provide the public services that are ordinarily
provided by municipal and county governments .
I
1 .
2 . The land proposed to be included within the district
includes environmentally sensitive wetlands areas, and the project
involves proposed creation of a harbor entrance and navigable
waterways that would cross through the City of Huntington Beach
and require excavation of substantial portions of the beach.
3 . The bill is premature, since the bill provides for a
navigable ocean entrance and related harbor facilities prior to
completion of the U.S . Army Corps of Engineers modeling study on
the feasibility of an ocean entrance, which study will occur in
Vicksburg, Mississippi and is projected to require 18 months to
complete .
4 . The land area includes extensive o.il and energy
producing operations that would be affected.
ID . The proposed legislation would impact and utilize the
streets , sewer, water , park , library, beach, public safety
services of police, fire, and lifeguard, and other systems and
facilities of the City of Huntington Beach.
6 . The bill would enable the district to create substantial
bonded indebtedness that would be passed on to future homebuyers .
7 . The development proposals contemplate eventual
annexation of the area into the City of Huntington Beach.
. 8 . The city has not been provided with adequate information
to evaluate the economic and environmental consequences of the
legislation. Receipt of this information and sufficient time for
evaluation are critical for determining the viability of vesting
broad governmental powers in an independent special district .
i
2 .
9 . Committee hearings on the legislation are scheduled to
. commence on April 22 , 1987 . The short time period since drafting
and introduction of the bill has not allowed sufficient time for
the City of Hutington Beach to study and evaluate the economic and
environmental consequences of the proposed legislation .
WHEREFORE, the City Council of the City of Huntington Beach
requests the legislature to defer hearings and consideration of
the bill until there has been adequate time to study the bill and
its consequences and impacts and to pursue a pre-annexation and
development agreement with the landowner .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the day
of , 1987 .
Mayor
ATTEST : APPROVED AS TO FORM:
City Clerk Cit Attorn, y
REVIEWED ND APPROVED:
C Administrator
3 .
Huntington Beach
03 Fountain Valley
Board of REALTORS° Inc.
R E A LTO Rn 8101 Slater Avenue • Huntington Beach, CA 92647 • (714) 847-6093
April 6, 1987
The Honorable Jack Kelly, Mayor
and Members of the City Council
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
Honorable Mayor and Members of the City Council:
RE: Discussion Points for the Bolsa Chica
On behalf of the Huntington Beach/Fountain Valley Board of REALTORS@, we would like to express our
continuing concern for the financing repayment mechanism to pay for the public facilities in the
development of the Bolsa Chica.
We believe that it should be included among the City's concerns whenever this subject is considered, for
the following reasons:
(1) H.R. 6,the Omnibus Water Resources Bill, as passed by Congress in 1986, contains a provision
permitting a real estate transfer tax to repay the U.S. Army Corps of Engineers for their work on the Bolsa
Chica. This was supposed to have been deleted in a corrections bill in early 1987, but that has not
occurred as of April 6, 1987, according to the National Association of REALTORS@ legislative staff.
(2) Information we have received from the California Association of REALTORS@ today indicates that
under certain circumstances, this federal law could pre-empt the provisions of our own Prop. 13, which
prohibits a transfer tax.
Signal Landmark's representatives continue to assure us that"there is no transfer tax,"but the facts are
that an authorization for a real estate transfer tax is currently in Federal Law, and it could pre-empt state law.
We are extremely uncomfortable with the current status of this issue, and request that the City include this
issue as a major concern in any negotiation with Signal Landmark.
We believe that a real estate transfer tax is a totally unacceptable mechanism for repayment because it
both unfair and unpredictable in that it applies only to those who sell their property and leaves those who
enjoy the benefit of the public improvements without selling to use without contributing; and it is also an
unpredictable and ever-escalating assessment, in that it is based on the sales price of the property. We
support repayment of the federal investment in the Bolsa Chica and would be pleased to discuss more
equitable and predictable methods, but a real estate transfer tax is not in any way acceptable.
We urge your continued vigilance in this issue!
Sincerely,
Lila Nowell
Board President J
LN/JAS/km OFFICERS h
LILA NOWELL, President• FRANK C. HORZEWSKI, First Vice President /
JAN SHOMAKER, Second Vice President/MLS Chairman • JAMES RIGHEIMER, Secretary/Treasurer
DIRECTORS
R.L. "KIRK" KIRKLAND• BETH DUNCOMBE• PHYLLIS RHYAN• LOU STAN • TOM VAN TUYL
WILL WOODS, Executive Vice President• JUDITH SEVERY, Vice President/Public Affairs
Huntington Beach 2 ye 7
Fountain Valley e,/17
Board of REALTORS' Inc.
R E A LTO RT 8101 Slater Avenue • Huntington Beach, CA 92647 • (714) 847-6093
U �
February 2, 1987 r d 'e. ni,
The Honorable Jack Kelly, Mayor
and City Council Members
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Mayor Kelly and Council Members:
On behalf of the Huntington Beach/Fountain Valley Board cf REALTORS, I
would like to reiterate our concerns with regard to the Bolsa Chica Special i
District Legislation with particular regard to the payback mechanism to be
imposed upon the future property owners in the area.
Recognizing that this is the first time the new City Council will be address-
ing this issue, we would like to provide a brief history of this problem.
We have been involved in this issue since last summer when we became aware
that language in HR 6, the Omnibus Water Resources Act, which authorized
the federal loan for public improvements in the Bolsa Chica, would also
authorize--for the first time in history—a real estate transfer tax as a
mechanism for payback of this loan.
This issue was brought to the attention of the National Association of
REALTORS and it is our understanding that this language was to be deleted
from the final draft of the bill. This deletion did not occur when the bill
was voted upon, though we do have a memo from the Chairman of the Com-
mittee which states that this was a typographical error which will be cor-
rected when congress reconvenes this month.
While we support development of the Bolsa Chica as approved in the County
Plan, and while we also support payback of the federal loan for public
improvements, we are unalterably opposed to a real estate transfer tax as
the mechanism for payback.
As REALTORS who are committed to the private property rights of local horrie-
owners, we cannot support any concept which proposes to burden property
owners with an unpredictable assessment on their property. A transfer. tax
OFFICERS
LILA NOWELL, President• FRANK C. HORZEWSKI, First Vice President
JAN SHOMAKER, Second Vice President/MLS Chairman • JAMES RIGHEIMER, Secretary/Treasurer
DIRECTORS
R.L. "KIRK" KIRKLAND• BETH DUNCOMBE• PHYLLIS RHYAN• LOU STAN • TOM VAN TUYL
WILL WOODS, Executive Vice President 9 JUDITH SEVERY, Vice President/Public Affairs .
_ s
Huntington Beach Ci-, Council
February 2, 1987
Page 2
based on an escalating and undetermined value, unfairly penalizes those
property owners who wish or need to transfer their property.
Property values in coastal Orange County escalate so dramatically that we
foresee property owners being forced to sell or encumber their residences
-because they could not afford to pay the assessment at an escalated value.
This has happened twice in Orange County already—in Irvine, with the leased
land issue, and in Newport Beach, with another Signal .Landmark project.
We thought this issue had been resolved at the federal level, but until we
see it in writing, we continue to have concerns, especially when Wayne
Clark, Signal Landmark's spokesman, is quoted in the Daily Pilot January 15,
1987, as saying that. .."there are several possible ways that special district
officials could raise money to repay the big federal loan, including a trans-
fer fee on property."
On behalf of all future property owners in the Bolsa Chica, we urge you to
direct staff to reject the concept of a transfer tax and to develop an alter-
native payback mechanism which will .be shared more equally and more
predictably among those who benefit from the public investment. Our concerns
about the fairness and predictablity of any financial responsibility of the
affected property owner would also apply to the staff's alternative proposal,
though we have not had the opportunity to review it- in depth.
We note that the City Administrator is suggesting a Study Session on this
issue for February 9. We would very much appreciate the opportunity to be
included in this meeting to address our concerns. We will be very pleased
to work with you to assure that a fair and equitable repayment mechanism
can be developed which will be in the best interests of the future homeowners
in the Bolsa Chica.
Sincerely,
Lila Nowell
Board President
LN/JAS/krr_
cc: Senator Marian Bergeson
Supervisor Harriett Wieder
MINUTES
Council Chamber, City. Hall
Huntington Beach, California
Thursday, February 12, 1987
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Pro Tem Erskine called the adjourned regular meeting of the City Council
of the City of Huntington Beach to order at 7 p.m.
ROLL CALL
Present: Winchell, Mays, Finley, Erskine, Green
Bannister (arrived 6:10 p.m.)
Absent: Kelly
BOLSA CHICA SPECIAL DISTRICT LEGISLATION - THREE STAFF RECOMMENDATIONS
APPROVED - TWO STAFF RECO)DONDATIONS TABLED
The City Administrator stated that staff reviewed Signal Landmark's draft.
legislative bill dated February 5, 1987 calling for the establishment of a
Special District in Bolsa Chica. He stated that the proposed legislation, as
currently drafted, was not acceptable to city staff. He stated that the
issues that need to be resolved are as follows: Annexation - staff recom-
mended that the city enter into negotiations with Signal Landmark to discuss
and develop a Pre-annexation Agreement. Wetlands - staff recommended a public
state agency be designated to oversee the management and development of the
' wetlands. Staff also recommended that an advisory board be established to
provide recommendations to the state agency and to oversee the wetland restor-
ation. Governing body of the proposed district - staff was concerned that an
independent district with broad powers, such as taxing powers would be esta-
blished and recommended a dependent District under the county or the city be
created under the .established law currently on the books. Powers of .Eminent
Domain - staff recommended the District's power of eminent domain be
restricted to certain specific areas. Scope of District's power and authority
- staff was concerned that legislation for the Special District was to provide
traditional municipal services such as water, sewer, solid waste removal,
roadway development and maintenance. Staff recommended that the Special Dis-
trict be a limited purpose District and its scope and authority be reduced.
Staff could support the concept of providing a Special District for the pur-
pose of providing for the development of an ocean access and harbor, enhance-
ment and protection of wetlands, improving flood control and providing for the
construction and maintenance of public marinas and associated uses. Sand
Replacement - staff recommended adding an amendment to provide for the Dis-
trict to financially participate with the city, county and state agencies in
the Sand Replacement Program. Comprehensive Economic Analysis - staff
believes that a comprehensive economic analysis is needed prior to the adop-
tion of Special District legislation.
Julie Froeberg, representing Senator Bergeson, reviewed the proposed legisla-
tion.
f
Page 2 - Council Minutes - 2/12/87
Bob Fisher, Planner for the County, reviewed a wall map depicting the county's
general plan for development of Bolsa Chica property. He stated the county
has recognized that the Bolsa Chica would be annexed by the city, but that it
was the assumption of the county and property owners that annexation would
take place following certification of the Local Coastal Plan.
Wayne Clark, representing Signal Landmark, introduced Russ Behrens and Mel
Melcroft. Mr. Behrens reviewed the proposed legislation. He stated that the
LAFCO Act established the rules for transference of jurisdiction of the pro-
perty from the county to the city when the time is appropriate. In response
to a question by Councilman Green, Mr. Behrens stated the company was waiting
for a draft of the Pre-annexation Agreement. In response to questions by
Councilwoman Filey, Mr. Behrens stated that the report pertaining to the
financial feasibility of the project would be available by the end of February
1987. He stated that the proposed legislation does not incur any financial
obligation. In response to a question by Councilwoman Winchell, he stated
that the federal assessment district needs to be in place before the feasibil-
ity studies can begin.
Councilwoman Winchell stated she would like wording in the legislation indi-
eating that the ocean entrance was under consideration, not set in concrete.
Mr. Behrens agreed it could be indicated that the ocean entrance was in the
planning stages.
Mel Melcroft, representing Signal Landmark, reported to Council that there has
been discussion of a "work for others" contract between the Army Corp of Engi-.
neers and either the county or the state, for a Huntington Beach/Bolsa Chica
feasibility study and an Environmental Impact Study (EIS). In response to a
question by Councilman Green, Mr. Melcroft agreed that data from the reports
could be released to the public; he cautioned that it would be raw data and
not in the form of an EIS. In response to a question by the City Administra-
tor, Mr. Melcroft stated that numeric and physical modeling would be done. .
In response to a question by Councilwoman Finley, Mr. Fisher stated that the.
District could not assess outside of the District, therefore Huntington
Harbour would not be assessed.
Tom Dawes, Engineer for the Sanitation District for Orange County, presented a
history of Sanitation 'District No. 11. Utilizing a wall map he traced the
sewer connections and pump stations. He informed Council that for years Dis-
trict No. 11 had been masterplanned to continue through the bluff area to
Bolsa Chica where a new pump station would be built; the line would then con-
tiuue to the Slater/Goldenwest area. He stated that discussion was being held
between the Sanitation District and the landowners regarding an agreement for.
the landowners to advance the fees so the sewers could be built. Wayne Clark
reminded Council that only a small portion of the sewers would be used by
residents of Bolsa Chica and the majority use would be by the city, although
Signal Landmark would advance the funding.
Curtis Foss, staff counsel for the State Lands Commission, presented back-
ground for the involvement of the Commission in Bolsa Chica. He stated that
Signal Landmark asked the Commission if they would be interested in being the
sponsor for the Army Corp of Engineers West Project Study. He reminded
Council that the State Lands Commission would have to approve annexation of
Bolsa Chica to the city.
Page 3 - Council Minutes - 2/12/87
Gladdas Powell, Vice-President of the Amigos de Bolsa Chica, requested a fea-
sibility' study for a non-navigable channel as well as a navigable one. She
recommended that the governing body responsible for restoration of the wet-
lands be independent of development of the Bolsa Chica, either a state agency
or an independent board with technical expertise to manage restoration of the
wetlands. She .recommended language in the legislation defining funding speci-
fically for the wetlands.
Mr. Fisher, in response to Ms. Powell's recommendation, agreed that there was
a need for a governing board. He stated that Supervisor Wieder requested that
he set up a meeting to discuss this issue. He stated that he had discussed
with Signal Landmark establishing a financial management program for on-going
maintenance of the wetlands, and that such a program should be reviewed by the
city, county and state.
Council discussed the five staff recommendations as outlined in the Summary of
Significant Issues Concerning Proposed Signal Landmark-Bolsa Chica Legislation
dated February 11, 1987. Councilman Green requested that Staff Recommendation
No. 1 be amended to add the words, "and to address concerns of the citizen's
group Amigos de Bolsa Chica."
Following discussion, a motion was made by Mays, seconded by Winchell, to
approve the following Staff Recommendations, as amended:
Staff Recommendation No. 1. Direct staff to continue intensive meetings with
Senator Bergeson to have proposed legislation modified to coincide with city
interests and to address concerns of the citizen's group Amigos de- Bolsa Chica.
Staff Recommendation No. 2. Direct city staff to enter into negotiations with
Signal Landmark for the purpose of drafting a Pre-annexation Agreement between
the city, county and Signal Landmark.
Staff Recommendation No. 3. Direct city staff to develop a summary of the
procedural steps and time- line for the annexation process.
The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Erskine, Green
NOES: None
ABSTAIN: Bannister
ABSENT: Kelly
Councilman Mays suggested that Council table Staff Recommendation No. 4 and
No. 5 until such time that all seven councilmembers could be present to consi-
der the matter. He recommended that Staff Recommendation No. 4 be presented
to Council in the form of a resolution.
A motion was made by Finley, seconded by Green, to table consideration of
Staff Recommendations No. 4 and 5:
Staff Recommendations No. 4. Reaffirm city commitment to Orange County
Adopted LCP Plan.
Staff Recommendations No. 5. Consider employing the services of a lobbyist in
Sacramento to closely monitor legislation in the state capitol to insure city
interests are protected.
Page 4 - Council Minutes - 2/12/87
The motion to table carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Erskine, Green, Bannister
NOES: None
ABSENT: Kelly
ADJOURNMENT
Mayor Pro Tem Erskine adjourned the adjourned regular meeting of the City
Council of the City of Huntington Beach to 6 p.m. , Tuesday, February 17, 1987
in Room B-8 of the Civic Center Complex.
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
ATTEST: of Huntington Beach, California
BY
Deputy City Clerk
Alicia M. Wentworth
City Clerk Mayor
BY:
Deputy City Clerk
ADJOURNED MEETING
STUDY SESSION AGENDA
CITY COUNCIL OF HUNTINGTON BEACH
Room B-8, Civic Center
Thursday, February 12, 1987
5 :30 P.M.
ROLL CALL - Winchell, Mays, Finley, Kelly, Erskine, Green,
Bannister
A study session of the City Council to receive information and give
staff direction concerning the proposed legislation for the Bolsa
Bay Harbor and Conservation District, and its relationship to the
Bolsa Chica planning effort.
ADJOURNMENT - to Tuesday, February 17, 1987 at 6:00 p.m.
ALICIA M. WENTWORTH, CITY CLERK
i
I
TENTATIVE
SENATE CALENDAR 1987-88 REGULAR SESSION a
1987 `
JAN. 1 Statutes take effect (Art. IV, Sec. 8(c) ) ,
JAN. 5 Legislature reconvenes W.R. 51 (a) (1) ) .
JAN. 10 Budget must be submitted by Governor (Art. IV, Sec.
12(a) ) .
FEB. 6 Last day to submit bill requests to the Office of
Legislative Counsel.
MAR. 6 Last day for Senate Bills to be introduced (J.R.
61 (a) (1) ) .
APR. 9 Easter Recess begins at end of this day' s session
(J.R. 51 (a) (2) ) .
APR. 20 Legislature reconvenes (J.R. 51 (a) (2) ) .
-Y 1 Last day for policy committees to report Senate
fiscal bills to Fiscal Committees W.R. 61(a) (2) ) .
MAY 22 Last day foz policy committees to report Senate
non-fiscal bills to Floor W.R. 61 (a) (3) ) .
JUNE 12 Last day for policy committee hearings prior to June 29
(J.R. 61 (a) (4) ) .
JUNE 15 Budget must be passed by midnight (Art. IV, Sec. 12(c) ) .
JUNE 19 Last day for Fiscal Committees to report bills prior to
June 29 (J.R.- 61 (a) (5) ) .
JUNE 19 Last day for any cormittee to meet prior to June 29
(J .R. 61 (a) (6) ) .
JUNE 26 Last day for Senate to pass senate Bills W.R. 61(a) (7) ) .
JUNE 29 Co=ittee meetings may resume (J.R. 61 (a) (8) ) .
JULY 17 Last day for policy committees to report Assembly fiscal
bills to Fiscal Committees (J.R. 61 (a) (9) ) .
JULY 17 Summer Recess begins at the end of this day' s session if
Budget Bill has been enacted W.R. 51 (a) (3) ) .
AUG. 17 Legislature reconvenes W .R. 51 (a) (3) ) .
AUG. 21 Last day for policy committees to most and report bills
(J.R. 61 (a) (10) ) .
AUG. 28 Last day for any committee to meet and to report bills to
Floor O.R. 61 (a) (11) ) .
SEPT. 11 Last day to pass bills . Interim Study Recess begins at
end of this day' s session (J.R. 61 (a) (12) ) .
OCT. 2 Bills enacted on. or before this date take effect on
Jan. 1 , 1988 (Art. IV, Sec. 8(c) ) ,
1988
JAN. 4 Legislature reconvenes W.R. 51(a) (4) ) ."
COMPILED BY THE SECRETARY OF THE SENATE
December 2, 1986
ILI
UI
FEB 1
CITY OF QEACH
P.DM1NISTRATIVE OFFICE
SUMMARY OF SIGNIFICANT ISSUES CON(-ERNING
PROPOSED SIGNAL LANDMARK-BOLSA CHICA LEGISLATION
The city staff has reviewed Signal Landmark's draft legislative bill (dated 2/5/87) calling
for the establishment of a special district in Bolsa Chica. Staff's review of the proposed
legislation continues to raise a number of policy questions as it relates to the relationship
between the city and Bolsa Chica. Senator Marina Bergeson has agreed to introduce
legislation on behalf of Signal Landmark, Inc. for the creation of the Bolsa Bay Harbor and
Conservation District. The proposed legislation, as currently drafted, is not acceptable to
city staff. There are a number of major amendments that must occur prior to the city
being in a position to support the proposal. Over the last few weeks staff has met with
representatives of Senator Bergeson's office, county officials, Signal Landmark
representatives, and others to discuss the proposed legislation. During these discussions a
number of issues have been raised which need to be resolved prior to the city giving
support to the legislation.
The following is a synopsis of some of the more important policy issues that involve Signal
Landmark's proposed draft legislation:
ANNEXATION
The Bolsa Chica has been within the City of Huntington Beach's sphere of influence
since June 13, 1973. Bolsa Chica is completely surrounded by the City of Huntington
Beach. The city has, over the years, shown every intention of the Bolsa Chica, at
some point in time, being annexed into the City of Huntington Beach (see
Attachment). Staff does not believe that this position has changed. Annexation
would serve the best interest of the city and the future residential and commercial
developments that will be located within Bolsa Chica.
The City staff is recommending that the city enter into negotiations with Signal
Landmark to discuss and develop a pre-annexation agreement. City staff would like
to explore with Signal the possibility of general planning and pre-zoning the city's
Bolsa Chica sphere of influence in accordance with the Orange County LCP as it
will be certified by the Coastal Commission. In this way, we may put to rest a
number of the concerns that Signal Landmark may have regarding their ability to
develop in Bolsa Chica.
WETLANDS
The creation of the Special District, with provisions to provide for wetland
restoration and continued maintenance of the 915 acres of wetlands, is appropriate
and consistent with city staff thinking and the adopted county LCP for Bolsa Chica.
However, there is need to identify in the legislation the state public agency who will
oversee and manage the wetland restoration and maintenance (eg; Fish and Game,
State Lands Commission??).
City staff believes that the authority to oversee the restoration and maintenance of
the 915 acres of wetland as called for in the Local Coastal Plan for the Bolsa Chica,
should reside with an existing state public agency and not with the proposed
district. Also, there is need for a broad based advisory board consisting of
representatives of the property owners, government agencies, and experts in the
field of wetland restoration and maintenance to provide recommendations to the
state agency and to oversee the wetland restoration.
I
Bolsa Chica Legislation oummary
Page -2-
February 11, 1987
GOVERNING BODY OF THE PROPOSED DISTRICT
The proposed legislation provides for the establishment of an independent district
which would have 5 commissioners as its governing body. This body would be
independent and have broad authority and powers to levy taxes and assessments
against the land. City staff believes that the district should be a dependent district
of the County of Orange. In this way, the district is held accountable through the
elected officials of the County of Orange.
POWERS OF EMINENT DOMAIN
The proposed Harbor District's Powers of Eminent Domain are currently very broad
and extend beyond boundaries of the district, _The District's Power of Eminent
Domain should be limited to areas within the boundaries of the district and not
extended beyond those boundaries.
SCOPE OF DISTRICT'S POWER AND AUTHORITY
The proposed legislation is extremely broad in terms of the special districts general
power and authority and would in effect set up a "new form of government" which
encompasses many existing city, county, and special district functions. There has
not been any indication of why such broad powers are necessary and why existing
governmental authorities could not meet the needs of the area.
The proposed legislation is somewhat difficult to summarize and analyze because of
its uniqueness in comparison to any existing special district. The proposal includes
provisions "borrowed" from many different sources (water districts, harbor districts,
cities, counties, etc.) and the district's power and authority are therefore unclear in
some areas where existing districts authority may overlap.
Traditional municipal services such as; water, sewer, solid waste removal, and
roadway development and maintenance are being proposed to be provided by the
special district. City staff believes that this portion of the legislation is not in the
best interest of the city nor of the future residents of Bolsa Chica. These municipal
services can be provided by the city or county at a much more reasonable cost to
the public than can be provided by a special district. Staff believes that special
district legislation needs to be modified to reflect municipal services to be provided
by either the city or the county. The special district should be a limited purpose
district and its scope and authority needs to be significantly reduced.
The concept of providing a special district for the purpose of providing for the
development of an ocean access and Harbor, enhancement and protection of
wetlands, improving flood control, and providing for the construction and
maintenance of public marinas and associated uses are desirable objectives that the
staff would be willing to support and recommend to the City Council. However, the
current proposal by Signal Landmark goes far beyond this limited purpose.
FEDERAL REPAYMENT DISTRICT
A special district is needed in order for the project to avail itself of the federal loan
and repayment program provided for under HR-6 (Omnibus Water Resources Bill).
Federal funds would be used to provide for the development and maintenance of
ocean access providing navigable waterways and protection of the Seal Beach Naval
Weapons Station. City staff can support the establishment of a special district for
these limited purposes.
Bolsa Chica Legislation Summary
Page -3-
February 11, 1987
SAND REPLACEMENT
The special district legislation should be amended to provide for the district to
financially participate with the city, county, and state agencies in the Sand
Replacement Program to insure local recreational beaches do not suffer from sand
erosion
COMPREHENSIVE ECONOMIC ANALYSIS
1. A comprehensive economic analysis is needed. Prior to adoption of special
district legislation, an analysis of at least the;, following points would seem to be
important:
a. Federal Repayment District: HR6 set up a special mechanism to loan to the
landowner federal funds for the construction of a navigable ocean entrance and
Harbor and the restoration of the wetlands. The repayment schedule needs
careful analysis to determine the impact on future residents and landowners in
the Federal Repayment District.
b) Wetlands Restoration: The cost of the restoration, source of funding, and
repayment has not been clearly identified.
c) Public Works and Urban Infra Structure (including utilities and
transportation systems): The cost and method of financing and maintenance of
water, sewer, fire,, police, power, solid waste removal, roadways, etc., is needed
before the impact on any current agency can be clearly analyzed.
d) Harbor and Marina: It is unclear as to the costs, sources of funding, and
repayment.
e) Initial review of the proposed legislation would seem to indicate that the
property in the district might be heavily assessed through the assessment
district process in order to provide the infrastructure and federal repayment
program requirements. This in turn would result in the property being heavily
burdened with assessments for many years.
TRANSIENT OCCUPANCY TAX
The proposed legislation empowers the district to impose and collect a transient
occupancy tax of 5 percent (.5%) of the rent charged by an operator of a hotel.
Staff believes that the taxing power should not be given to the district but should
reside with the county or municipal government. To city staff's knowledge the
granting of this taxing power to a special district is unprecedented in California.
2513a
2/11/87
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J• =CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON TEACH -
oDateFebruary
James W. Palin,
City Administrator p
Director
To Charles W. Thompson Development Services
Subject BOLSA CHICA UPDATE 12, 1987
Attached is the history of the City of Huntington Beach involvement
in planning the Bolsa Chica area that was prepared in 1982 and an -
update through February 12, 1987 . Also attached is a copy of the
Resolution of the Local Agency Formation C•nmmission of orange County
dated June 13, 1973 establishing a sphere of influence for the City
of Huntington Beach which included the Bolsa Chica. .
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HISTORY OF CITY OF HUNTINGTON BEACH INVOLVEMENT IN PLANNING
THE BOLSA CHICA AREA
Bolsa Chica is an approximately 1600-acre unincorporated area within the City of
Huntington Beach's sphere of influence, surrounded on four sides by the City as a result of
annexations between 1960 and 1971. Because it is within the City's sphere of influence,
Solsa Chica has been the subject of City planning and annexation efforts since 1972.
In January 1973, Signal Bolsa Corporation, owner of nearly three-quarters of the surface
title of the area, requested the City of Huntington Beach to annex approximately 263
acres of land located primarily on the Bolsa Chica mesa. The annexation request was
Withdrawn pending completion of an environmental impact report for the undeveloped
area.
The prosoect of annexing a portion of the unincorporated area led to the Planning
Commission and City Council policy of comprehensively. planning the entire area prior to
any annexation, with input from the State of California and Signal Bolsa Corporation.
iprior to 1976, all property annexed to the City was automatically zoned R1 upon
incorporation. It was felt that partial annexation at R1 would be deterimental to
comprehensive planning efforts.;
9o1sa Chica was addressed in both the Phase I Land Use Element and Phase I Open Space
and Conservation Element of the General plan adopted in December 1973. The Land Use
�ier^ent 'esicated a s-nall portion of the area near Edwards Street as iow density
resi lential and the remaining area as planning reserve. The State owned and leased area
gas desiccated as an ecological reserve. A network of arterial highways was also shown
extending into and traversing the Bolsa Chica. The Open Space and Conservation Element
'e:�ti f ied si ani ficant resources in the unincorporated area as first orioHty for
'a^eSeTvation efforts along .Nith the beaches and central par{ area. Dol:cies relatlny to
annexations are contained on paC2S 30-31 Of the 14^4 DOIiCv flan comCtled :v ^-tti_-n
see®rrng committees and adopted by resolution of the C.lty Council. 'Resolution 37�0
September =&, 1973).
Between 1973 and 1975, annexation efforts were deferred and a 13olsa Chica annexation
Stu,'y Committee was appointed to work with the State and Signal aolsa Corporation to
formulate recommendations to the City Council. A significant event durinq this period of
time was the 1973 tidelands boundary settlement between the State and Signal. Through
this agreement, a consolidated tidelands area of 300 acres was established and title
received by the State. An additional 230 acre area was leased to the State at no cost for
a period of fourteen years; the fee title of which would be conveyed to the State upon
construction of a navigable ocean entrance. If, after fourteen years, no entrance were
constructed, the lease would expire.
Other events of fectinq the golsa Chica during this oeriod included the State Department
of r=igh and game Marsh restoration plan and development of the ecological reserve,
acquisition of a 400-foot wide utility corridor by the Metropolitan Water District, and
Army Corps of Engineers Study concerning feasibility of marina development. In October,
1975 Signal Bolsa Corporation submitted another request for annexation of the Bolsa
Chica Mesa.
The City's reaction to this annexation request was tempered by the State Coastal
Commission's January 1976 inclusion of the Bolsa Chica in a list of potential statewide
acquisitions to provide coastal lands for public recreation, wildlife protection, and other
purposes specified in the Coastal Act of 1976. (Three other parcels within Huntington
Beach, located between Pacific Coast Highway and the Santa Ana River, were also
included in the list of potential acquisitions).
In response to the Coastal Commission proposal, a position statement was drafted by
Councilwoman Harriett Wieder as an individual citizen, stating concern about the size of
the proposed acquisition (1450 acres, including areas within City limits) and the proposed
purchase price ($16 million). The letter also supported a mixture of development and
preservation and questioned the Coastal Commission's disregard for the fiscal implications
to the City of such a large acquisition. This statement was endorsed by a 3 - 2 vote of the
City Council on February 9, 1976 with two Council members absent.
Throughout 1976, the City continued planning and annexation efforts for the Balsa Chica.
In February 1976 the City applied to the U.S. Department of Housing and Urban
Development for a 701 Comprehensive Planning Assistance Grant to formulate an
intergovernmental effort to develop a long range plan and implementation program for
utilization of the Bolsa Chica and surrounding areas. Because project funding had not
been requested in the orevious year, the grant received a very low priority and no funding
was recommended.
The Bolsa Chica Annexation Committee presented its final report, findings, end
recommendations to the City Council on May 24, 1976. '.-Areas of agreement included
recommendations that total general planning take place prior to any development within
Balsa Chica, holding zones be used to prevent development if annexation takes place prior
to planning, and that Council come to a timely decision to (a) not annex, \'b) delay
annexation for a finite period of time, or (c) initiate proceedings necessary for
annexation. At this time, the Council directed that proceedings be initiated immediately
for total annexation of Balsa Chica with the intention that tax revenues gained by the
City would orovide '�Pdinq to suocort the orecaration of a comorehensive general olan for
the ?olsa Chica. In order to maximize revenues, Council set a target date of January 1,
1977 for annexation to be completed.
The direction to proceed •riith annexation prior to ore-:planning %-vas contrary to previous
City oolicv as stated in the Policv "Ian and Phase I Land Use clement of t`-ie :aen.eral
v Plan. The co^iorehensive General plan document adopted in December, 197.6, ••.vhiie
^ontaininq general land use, open space and conservation policies related to 8olsa Chica,
was silent on the issue of whether olanninq should occur prior to or after snnexaticn. As a
consequence, oreplanninq now appeared to be discretionary with the City Council
;altnough still contrary to the Policy Plan). At a budget retreat on January 10, 1977,
Council adopted a oolicv "to plan for the ultimate development of Balsa Chica."
Public acquisition efforts were stalled in September 1976 when the Bolsa Chica area was
somewhat surprisingly removed from the statewide acquisition list. The recommended
area for ourchase had been reduced to 560 acres, and environmental interests were
optimistic that acquisition would take place if the $280 million Coastal Bond act
(Proposition 2 on the November 1976 ballot) passed. The Department of Fish and Game
'.had omitted the Bolsa Chica area From the list of potential acquisitions (which included
land areas in Dana Point and the Irvine Coast) because plans for the area-were not
resolved and that ultimate use of the Bolsa Chica was a number of years off.
The amity's attempt to orezone and annex the Bolsa Chica by January 1, 1977 suffered a
setback in October when, in response to substantial opposition to the proposed RA
(Residential Agricultural) prezoning, Council directed staff to initiate adoption of LU
(Limited Use) prezoning for much of the area, which also required a revised environmental
impact report. A target date of July 1977 was established for annexation.
-Z-
In December 1976 Assemblyman Dennis Mangers initiated a proposal to submit a bill to
the Legislature to appropriate funds to purchase land within the Balsa Chica for the
purpose of preserving wetland areas and expanding the State eccilogical reserve. An
interagency taskforce was established to determine reasonable boundaries for the
proposed acquisition. The total area suggested for state acquisition varied between 560
and 1450 acres reflecting the various local, state, federal, public and private interests
involved in the proceedings. A 924-acre area extending from the Wintersburg Channel to
the base of the Huntington Beach Mesa bluff, between Pacific Coast Highway and a line
generally 1000 feet from the City boundary, was eventually settled upon for acquisition.
Assembly Bill 643 was introduced to the Legislature on February 24, 1977 with the intent
of aroviding the State Lands Commission with the funds necessary to acquire the 924 acre
area. The City at this time postponed annexation proceedings so as not to hinder State
acquisition efforts by inflating land values in the area. AB 643 reached the State
.Resources and Transportation Subcommittee of the Assembly Ways and Means
Committee, where it was referred to the State Budget as a line item for acquisition. The
specific uses and proposals mentioned in the 'Manger's Bill were deleted, and® total of
$4.6 million was appropriated, with $1 million of this total to be reimbursed by local
entities. The State offered Signal Properties, Inc. $3.6 million for the property; this
offer was rejected by Signal, who estimated the market value of its' Balsa Chica holdings
at $36.9 million. Negotiations between the State Lands Commission and Signal concerning
an acceptable acquisition offer were subsequently initiated.
Additional planning efforts affecting the Balsa Chica were initiated in 1977, when both
the .City of 'untinaton Beach and County of Orange began work on oreparation of their
respective local coastal orocrams oursuant to the California Coastal 3,ct of 1971.3. Cn
January 2, 1.977, the County Board of Supervisors adooted '' esolution 77-131, declaring its
intent to-prepare a local coastal program for unincorporated areas within the coastal zone
and directing -its Environmental Management Agency to work with coastal cities "to insure
the jurisdictions in O.rance County have a united program going forward."
The; "_aunty at this time also requested nominations for regional park sites in northwest
Orange County. In June, I977,1-he City requested consideration of a linear park linking
Huntington Central Park to Balsa Chica State Beach, as well as a regional park
•designation for Central Park. The City also agreed to undertake planning of the Bolsa
Chica financed by revenues from annexation and to take no stand on a marina oending the
legislation mentioned previously. The City's decision to assume planning responsibilities
for the Balsa Chica was realistic only if the property were annexed to the City.
The County Board of Supervisors on June 21, 1977 adopted Resolution 77-1022 reaffirming
support for the proposed State acquisition of 924 acres of the Balsa Chica Lowlands,
reallocatinq $2 million for the planning, initial acquisition, and development of minimum
lands necessary for the linear park, requesting that the Balsa Chica be incorporated in the
work programs of both the County and City of Huntington Beach Local Coastal Program,
and assigning a high priority to the 3olsa Chica for early certification under the
California Coastal Act.
Faced with the prospect of losing local control over planning the Balsa Chica, the City in
July, 1977, considered a number of alternative annexation proposals and on August 15,
1977, directed staff to proceed with partial annexation of the Balsa Chica Mesa. This
decision was influenced by Assemblyman Mangers' concern over the effect of annexation
on negotiations between the State and Signal and his preference for the County as lead
agency in planning.
-3-
On September 19, 1977, Council reconsidered its previous action and requested staff to
provide additional information regarding impacts of annexing certain portions of the Bolsa
Chica, in addition to the mesa area, in comparison to total annexation. The possibility of
including alternative proposals on the ballot in the upcoming April 1978 City Council
election was also discussed.
Assemblyman Mangers addressed the City Council again on December 12, 1977,
reiterating his concerns that the annexation might jeopardize the State's negotiations. It
was also brought to Council's attention that the Coastal Commission had assigned the
County to be the lead agency in preparing the Local Coastal Program for the Bolsa Chica,
and that portions of the City's LCP work program relating to the Balsa Chica had not been
funded. The City Council subsequently voted 5 - 2 to take no action on annexation at this
time.
On January 3, 1978, the City Council adopted Resolution '4580 urging the County to give
the LCP for the Bolsa Chica a high priority so that said plan could be completed
concurrently with the City's LCP. In a letter dated February 7, 1978, County Supervisor
Lawrence Schmit indicated his support for concurrent submittal of plans to and review by
the Coastal Commission, and referred to the Balsa Chica's high priority status as directed
in the previously mentioned Board of Supervisors Resolution 77-1022.
In February 1978, City staff transmitted comments on the County's LCP issue
identification report for the Balsa Chica. At this time, December 1978 was the target
date for comoletion of this portion of the County's LCP. In spring 1978, the State
'attorney eneral aopainted a Bolsa Chica Study Group consisting of local, state, and
federal agencies and Sri vate interest groups, intended to provide an informal planning
process to resolve issues surrounding the 3olsa Chica. The firm of E DAW, Inc. was
selected as the lead consultant to the Study Grouo to collect available data, exolore
issues, and compile recommendations of the group.
Following the oassace of ='roaositicn 13 in June. 1979, the City Council again considered
annexing the Balsa ` ir_a. On July 3, i?78 a motion to annex failed by a 3 - 4 vote. Beth
the City and County continued wank on their resoective '_CP's. On September 14", 1913,
City staff transmitted a letter to the County 'Environmental Management Agency
requesting close coordination and information on the County's planning direction. In
December 1973, the City received a status report from EMA on the Balsa Chica Study
Group and regional oark planning, including a draft of the EDAW report.
In January, 1979, the amigos de Bolsa Chica withdrew from the study group and filed suit
against Signal Landmark and a number of State agencies, claiming that the 1973 boundary
settlement agreement violated the State constitution and that dumping of oil drilling
wastes in the Bolsa Chica violated the Coastal act. Portions of the case were dismissed
by the courts and appealed, and litigation ensued.
On January 29, 1979, representatives of Signal Landmark, Inc. made a presentation at a
joint',study session of the City Council and Planning Commission concerning various
alternatives for development of the Bolsa Chica and related financial impacts on the
City. A number of prezoning alternatives were discussed, at which time action was
continued. On March 5, 1979, the City Council voted to defer prezoning and annexation
of the Bolsa Chica until City staff has had time to prepare a comprehensive study for
alternative land uses and amendments to the General Plan; such study to be undertaken
once the City's Fiscal Impact Model has been developed and in use. (A consultant was
selected for preparation of the model that same evening). Staff was also directed to
cooperate with the County in preparing its LOP for Bolsa Chica.
1i_
On April 16, 1979, staff reported to the City Council on the impact of preparing a
comprehensive Bolsa Chica plan prior to prezoning. A motion to proceed immediately
with prezoning and annexation failed on a 3 - 3 vote. In May, 1979, Council forwarded a
letter to the County outlining a cooperative planning effort for Bolsa Chica. At this time,
Signal Landmark, Inc., applied to the County for a general plan amendment for 218 acres
located on the Bolsa Chica Mesa.
On May 21, 1979 Council reconsidered its previous direction to prepare a comprehensive
plan. A motion to rescind the previous Council direction to prepare said plan failed. The
plan was to be initiated once the Fiscal Impact Model was complete. On June 4, 1979 two
Council representatives and one staff member were appointed to the Bolsa Chica Planning
Task Force.
On June 18, 1979, a motion to annex the Bolsa Chica with 1315 acres prezoned ROS, and
235 acres LU failed by a 3 - 4 vote.
In December, 1979, staff prepared an agreement providing for cooperative pieparation of
the Solsa Chica LCP and timing of removal of the Couhty's Reserve status and
annexation. This agreement was never submitted to Council. On February 4, 1980,
Council adopted Resolution 4840 requesting the County to accept additional City input on
the Solsa Chica portion of the County's LCP, including Council review and
recommendations to the Board of Supervisors, and sponsoring joint public workshops.
On March 17, 1980, a City Council motion to declare the Bolsa Chica lowlands as
environmental,y sensitive wetlands to be preserved for future generations and urging the
State Coastal Commission to declare the lowlands as a wetlands as defined in Section
301.21 of the Coastal Act failed by a 3 - 3 vote.
City staff completed preparation of its Coastal Element including analysis of coastal
issues and recommended land use alternatives and resource protection policies) in October
1980. -The Planning Commission on November -i, 1980 substituted language related to the
Bolsa Chica as recommended by the LCP Citizen advisory Ccmm..ittee. This lanouage
identified the Solsa Chica area as an environmentally sensitive habitat, indicated that
remaining wetland area provides valuable habitat for various endangered species, and
referred to a number of governmental agencies designation of the area as wetlands.
At the December 15, 1980 City Council public hearing, a motion to delete all references
to the Bolsa Chica in the City's LCP failed by a 2 - 4 vote. A motion to delete the
Planning Commission's reference to Bolsa Chica carried by a 4 - 3 vote but upon
reconsideration, the motion failed by a 2 - 5 vote.
At a subsequent January 19, 1981 Council public hearing, a motion to substitute new
language pertaining to Bolsa Chica, including a request of appropriate State and Federal
agencies to accelerate efforts to positively define specific scientifically.justified
environmentally sensitive habitats and provide recommendations as to the economic
feasibility of rehabilitation of such areas. When such determination has been made, the
City'will totally support preservation of environmentally sensitive habitats. The City
would support development of compatible land uses in the remaining areas of Solsa Chica
and intends to initiate annexation as soon as .possible.
City staff coordination with the County during the past year (1981) has consisted of
submittal of all available resources and information pertaining to the Bolsa Chica area,
attendance at public workshops, review and comment of County issue identification and
progress reports, review and comment of the draft EIR on Signal' Bolsa Corporation's
proposed County General Plan Amendment, and attendance at the Planning Commission
and Board of Supervisor's public hearings.
_S_
The City made official comments on the proposed General Plan Amendment/Local
Coastal Plan GPA/LCP at the Board of Supervisor's hearing on December 16th.
Comments centered on impacts to the City's circulation system-and public services as a
result of future development. Recognizing these comments, the Board of Supervisors
included in their resolution the preparation of a Fiscal Impact Report specifically dealing
with impacts to the City of Huntington Beach. (Preparation of this report is currently
underway.) On January 20, 1982 the board unanimously approved the GPA/LCP.
At the present time the Bolsa Chica LCP is being reviewed by the State Coastal
Commission. At the April 22nd public hearing, the mayor clarified to the Coastal
Commission that the City has no official position on the proposed development plan. The
next public hearing will be next month.
Update Febraury 12, 1987
May 16, 1982 — RCA to City Council directed staff to prepare packet of information on the
annexation of the Bolsa Chica for discussion.
July 21, 1982 — Letter from Mayor Protein to Coastal Commission, Chairwoman Schwarts,
regarding City's concern regarding adopting the General Land Use Plan for the Bolsa Chica.
Reference to:
1. County of Orange Resolution No. 81-1806 (12-16-81) recognizing the City of Huntington
Beach interest in the plan.
2. County and City cooperative agreement regarding the Linear Park.
3. City's interest in annexation of Bolsa Chica and opposition to the Coastal Commission
staff's L U P
4. Long range fiscal impacts of the Bolsa Chica Plan.
March 21, 1983 — City Council requested staff to prepare a report on the process involved in
annexing the Bolsa Chica.
April 13,..1983 — Development Services submitted to the City Administrator for the City
Council the packet of information regarding annexation and history of Bolsa Chica that had
originally been submitted in May 1982 (see 1972 to 1982 History of City Action Regarding
The Bolsa Chica).
April 12, 1984 — Staff attended a meeting with the various agencies Involved with the Coastal
Conservancy's planning efforts regarding the Habitat Conservation Plan for the Bolsa Chica.
This was one of several meetings In 1984 with the Coastal Conservancy and the County.
June 11, 1984 — Letter to City Council from City Administration regarding service and
development concerns regarding the Boisa Chica. Staff identified concerns to be traffic,
circulation, land use, service delivery and ocean access.
(0583D) �_
June 18, 1984 — Resolution No. 5391 Requesting the County of Orange and the Coastal
Conservancy to consider the concerns of the City regarding the County's Land Use Plan
and the Conservancy's Habitat Conservation Plan for the Bolsa Chica.
October 15, 1984 — Resolution No. 5454 — City of Huntington Beach adopting conditions of
approval for the Bolsa Chica Land Use Plan. Issues included:
1 . Extension of Bolsa Chica Avenue to Garfield and to a connector that intersects with
Pacific Coast Highway.
2. A navigable connection between Huntington Harbour and the Bolsa Chica Marina.
3. Ocean cut of the Bolsa Chica State Beach.
4. Compatibility of land uses with the Bolsa Chica and with existing City land uses.
January 31, 1985 — Bolsa Chica update Development Services to City Administrator. On
November 15, 1984 the Coastal Commission denied certification of the County's Bolsa
Chica LUP. Their concenrs included waiving all geologic hazard responsibility and
liability; mitigating negative impacts against beach erosion and setbacks between the
cross—gap connector and property lines.
April 10, 1985 — Bolsa Chica update — Development Services to City Administrator:
1. County's Bolsa Chica Advisory Committee met on April 4, staff and Council
Members Green and Finley were present.
2. Items discussed included:
a. County's Local Coastal Program resubmittal process
b. Linear Park
c. Components of the County's Land Use Plan
May 6, 1985 — Resolution. No. 5516 "...City Council of the City of Huntington Beach
requesting the Orange County Board of Supervisors to consider specific issues relating to
the County's Bolsa Chica Land Use Plan." Issues addressed were:
1. Circulation — including the cross—gap connector to tie in Springdale, Graham and
Talbert and the Pacific Coast Highway "mini re—route".
2. Service delivery — including fire station access, water supply and sanitation and cost
benefit ratios.
3. Ocean entrance
4. Huntington Harbour connection
5. Wetlands
6. Seismic Safety
May 6, 1985 — Resolution No. 5515 regarding "... The City Council of Huntington Beach
requesting the Orange County Board of Supervisors to consider specific issues relating to
the Bolsa Chica Linear Park Boundary Study."
February 13, 1986 — County Environmental Management Agency letter stating "On
January 8, 1986, the California Coastal Commission certified the Bolsa Chica Local
Coastal Program Land Use Plan." According to the Coastal Commission staff this was
on!y an approval "in concept".
February 1 I, 1987 — Development Services staff continues to meet with the County
regarding the various issues of concerns with the Bolsa Chica Plan. The County has
appointed committees to study restoration, a channel opening, land use and circulation.
Meetings are held periodically at City Hall and monitored by staff.
(0583D1 —7—
•` ` zn# 25
�-`,.ham`.: wD:' . 5'�, ® • s.,�
I REBOI.UfION OF THE LOCAL AGENCY AORMATION OOKCSS1ON
2 OF ORAuCL COUNIt, CALITORNIA +
3 Jun 13. 1973
{`
d On action of Commissioner Diedrich, duly seconded and carrioi .
' S the following Revolution was adopted:
WHEREAS, the Local Agency Formation Commission has adopted
a lrogran for Establishing Spheres of Inilusrnce for orange County Cities;
8 and
WAEMS, Ooverseasnt Code Section 34774 states that the local
10 Agency rormmtion Ccemdssiou shall develop and•datermine the sphere of
11 influence of each local governmental agency within the County; and
12 WKEREAS, on March 14. 1973, the Local Agency Formation
13 Commission set a hearing date of May 91 1973 for the Commission to
aY 14 develop and determine a sphere of influence for the City of IDmtington
16
Beach. and
16 WHEREAS, on May 9, 1973, the hearing on the review and
17 determination of a sphere of influence for the City of 4untington beach
"sr
IS was continued to June 13, 1973; and
19 WMERBAS, the Commission did review a map of a sphere of
E 20 influence and a report as prepared by staff, supporting material as ;
- 21 vubsitted by the City of ibmtington beach and did also consider Foints
22 of view of adjoining cities and other parties that expressed an interest
23 in the City of Huntington beach's sphere of influence.
24 NOW, THBRMRZ, bE IT RESSOLYID this Commission approves the
25 sphere of influence for the City of Runtington beach with the exception
28 of the Sunset beach area, as shown on the accompanying sap attached
u 27 hereto and by this reference lade a part hereof.
28 AYES: CM91ISSIONLRS IALPS A, DIEDRICH, LOUIS 1. REI101ARDT,
299 ROBEM W. bATiIN AND STAN NORTHRUP
30 NOES: COMCSSIOTMRS CLXrr0W C. MILLER
31 ABSENT: Co"(ISSIONERS NOMtE
' 32 Resolution No. 73-83 �.
Jor
�t.
{y S
� �i
W. ..h COUM Or OiA2iCS
~; q 3 I, t1CHA1® T. 7WZR, Etecutive Officer of the 14tal A60047
r
4 Tana Lou Cods®loa of Or.saN County. California. he certify that
��'; :. ;-=•' +a:.„. T.;,:` 5 the above and foregoing lasolution was duly sod regularly adopted by
# _ 8 said Commission at a regular meeting thereof. hold on the 13th day of
7 .mane, 1973.
IN MITIQSS UUnUMV, I have herasmto set my hand thin 13th F.
of J1amo, 1913.
`. I 10 '� RCHAP®. T. TtJMM
t. ,
r Executive Officer of the
,* 11 Local Agency lrarmmtion OcM"Sioo
4,
of Orange County, California
12
` 13 By
secretary
14
s;•a �` . 16
17
18
19
:.r 20
21
22
23
24
. _ 25
28
77
5 X 29
r`
29
n -
.: 30
31
32 Yasolution NO- 73-83
2.
it '•.
77,
J. CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTfNGTON BEACH
Honorable Mayor and From Rich Barnard, Assistant to
To City Council !Members the City Administrator
BOLSA CHICA HARBOR February 2, 1987
Subjectbe CONSERVATION DISTRICT Date
Please find attached, for your review, a copy of the revised legislation for the Bolsa Chica
Harbor and Conservation District as prepared by Signal Landmark, Inc. Staff has
reviewed this revised draft and does not see any significant difference from the original
draft.
RB:paj
Attachments
03 Huntington Beach
Fountain Valley
Board of REALTORS. Inc. �Ilwe
R E A LTO R` 8101 Slater Avenue • Huntington Beach, CA 92647 • (714) 847-6093 9_14 y 0)1
L,1,e pop,
ursit, b����
February 2, 1987
The Honorable Jack Kelly, Mayor
and City Council Members
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Mayor Kelly and Council Members:
On behalf of the Huntington Beach/Fountain Valley Board of REALTORS, I
would like to reiterate our concerns with regard to the Bolsa Chica Special
District Legislation with particular regard to the payback mechanism to be
imposed upon the future property owners in the area.
Recognizing that this is the first time the new City Council will be address-
ing this issue, we would like to provide a brief history of this problem.
We have been involved in this issue since last summer when we became aware
that language in HR 6, the Omnibus Water Resources Act, which authorized
the federal loan for public improvements in the Bolsa Chica, would also
authorize--for the first time in history—a real estate transfer tax as a
mechanism for payback of this loan.
This issue was brought to the attention of the National Association of
REALTORS and it is our understanding that this language was to be deleted
from the final draft of the bill. This deletion did not occur when the bill
was voted upon, though we do have a memo from the Chairman of the Com-
mittee which states that this was a typographical error which will be cor-
rected when congress reconvenes this month.
While`we support development of the Bolsa Chica as approved in the County
Plan, and while we also support payback of the federal loan for public
improvements, we are unalterably opposed to a real estate transfer tax as
the mechanism for payback.
As REALTORS who are committed to the private property rights of local home-
owners, we cannot support any concept which proposes to burden property
owners with an unpredictable assessment on their property. A transfer. tax
OFFICERS
LILA NOWELL, President• FRANK C. HORZEWSKI, First Vice President
JAN SHOMAKER, Second Vice President/MLS Chairman • JAMES RIGHEIMER, Secretary/Treasurer
DIRECTORS
R.L. "KIRK" KIRKLAND• BETTH DUNCOMBE• PHYLLIS RHYAN• LOU STAN • TOM VAN TUYL
WILL WOODS, Executive Vice President• JUDITH SEVERY, Vice President/Public Affairs
Huntington Beach Ci Council
February 2, 1987
Page 2
based on an escalating and undetermined value, unfairly penalizes those
property owners who wish or need to transfer their property.
Property value$ in coastal Orange County escalate so dramatically that we
foresee property owners being forced to sell or encumber their residences
because they could not afford .to pay the assessment at an escalated value.
This has happened twice in Orange County already—in Irvine, with the leased
land issue, and in Newport Beach, with another Signal .Landmark project.
We thought this issue had been resolved at the federal level, but until we
see it in writing, we continue to have concerns, especially when Wayne
Clark, Signal Landmark's spokesman, is quoted in the Daily Pilot January 15,
1987, as saying that. .."there are several possible ways that special district
officials could raise money to repay the big federal loan, including a trans-
fer fee on property."
On behalf of all future property owners in the Bolsa Chica, we urge you to
direct staff to reject the concept of a transfer tax and to develop an alter-
native payback mechanism which will be shared more equally and more
predictably among those who benefit from the public investment. Our concerns
about the fairness and predictablity of any financial responsibility of the
affected property owner would also apply to the staff's alternative proposal,
though we have not had the opportunity to review it ' in depth.
We note that the City Administrator is suggesting a Study Session on this
issue for February 9. We would very much appreciate the opportunity to be
included in this meeting to address our concerns. We will be very pleased
to work with you to assure that a fair and equitable repayment mechanism
can be developed which will be in the best interests of the future homeowners
in the Bolsa Chica.
Sincerely,
Lila Nowell
Board President
LN/JAS/krr-
cc: Senator Marian Bergeson
Supervisor Harriett Wieder
SUPERVISOR WIEDER POSITION STATEMENT:
BOLSA CHICA SPECIAL DISTRICT LEGISLATION
Based upon staff review of the draft bill, and subject -:o further
discussion and information, it appears that special district legislation
.S �eS_ra_ ie to r3__ilt3 certain asDeCtS o. the Bolsa fl• ica project .
-4cwt er, JJ:'.e: mor•._ ap^ropri.atCly be handled .a.if:e rent ly.
" e att3zhed sL''rary o: the bill s purposes is used :or reference.
wc`i3 1:3 ReS'_orat
The __i Se.MS 71c�_-35ary and apprC _ _ate for this purpose, but sh __..
�'Ov_de Chord _Cr S:ate De=a-.:-nenC of _ _S. and v3
and Mana?eMe7Z 7eC1;_. a.210 :_S , D :i_C cu: ( 4nciu�_-
b ,`101:i� ?rOV_iC .Or the u_SZ_ ..CC' a -=
c:)n_.ol nr.i .ec: in accorJan _ with an .i�_:.=..
`_:he -ra^,jc I,-'-,n .71oOC Co":_rcl C --
anrc:'ed
Water Qual_cv:
The bill should authorize the district to assume th_s r e s s _`r.
_n azcorddnze with an azrcement with the councv (and ci-.v., _f ar_ze:<ed) .
Navicable Ocean £r_trance Svstem:
The bill should authorize this purpose to implement the federal loan.
and repayment program and to provide a mechanism for ocean entrance
maintenance and liability.
Page 2
Geotechnical Consideration, Coastal Access and Recreation, Energv-Related
Facilities and ODeratior.s :
Subsidence monitoring and other geotechnical hazard analysis and
prevention should be the responsibility of t:^.e county (or 'City, if
annexed) .
Public Wor',,s and Urban Infrastructure ( includine utilities and
transDortdtion systems) :
Water, sewer, fire, DOIiCe, Dower, Solid waste removal , and roadways
should be provided for by the county {City, _: annexed) and Cxisting
_OC3i districts, i1P.leSS _. is determined that such a=_nC_es cannot
or will not orov:d_ tac_-__ies and service on usual terms anc
Ll- ex—
icoiSlht'_Ji: �3 3D_^.d:crC.v re?L_......
Other:
The special district may also be necessary to provide for development ,
operation and maintenance of the public marina if the state, county
or city decline to serve in that capacity.
Ratner than support a bill providing for every conceivable governmental
fL'i1Ct20n, I believe we s*hcuid attempt to reach agreement among the
landowners , city, county and state agencies on the timing of future
annexation, and the provision of local facilities and services by
existing agencies. Such agreement, or failure to agree, may then suggest
what powers beyond those identified above may be necessary and
supportable.
For now, we should pursue the special district legislation as a spot
bill;; while working to achieve agreement that would eliminate the need
for making the powers of the district overly broad. '
P
a .
Page 3
Perhaps this would be a pre-annexation agreement. 1 believe such an
agreement should provide that:
1. Annexa=ion of the prope^ty will not be sought until the county
has gained the certification of a local coastal program for
the entire property and a development agreement has been entered
into to protect the land use approval interests of the property
owr.e r.
The city and existing agencies will provide water, sewer,
emeroencv Services and other local government functions provided
to other parts of the City of Huntington 3eacn.
.....� ..+ ,...a- era- rn- ...... ...... . .. ...... ....... .- .„.. ... .. .-. � _ ._. � . . .._ .._- .. -. ..._ •.._.5.. a - K'.a�.'.n�-J-... .
MALKOFF
��--- .... . . = - . -_ .... ----_ _ - • :.-::._..._:__ . . ... . AND
:=ASSOCIATES _
--- -- -- - - 8 0 L S A CHICA PLANNING -
- - - Special Act District-' and Its Relationship-
- to Bolsa China LCP- Policies '-- - -
-- Prepared December-1 - 1.986
-71
The folloaring is an abbreviat8d"discussion of�the relationihip__ f the -�--
___-proposed -Special. Act District for-.Bolsa-Eh ta_to the adopted- Local Coastal .-_._
---- - _=Program's Land :.Use P lan -pol j ci es-for -that -same=-area. This - listing-- is ---
- --- intended to help clarify the breadth -of-planning_and regulatory.-issues
_c9rtemPla*ed for Bolsa Chia .for__which-a sin9le�=;.ed.i.fied id -could._
- most - reliably -provide oversight, -- =revenue=_ management disbursements: and
regulation. All references -to LCP 'policies- wi 11 be=found in the December, -
-_- -191115 _d,cuTen: on pages i i-9 et se:- and-=ar.e noted- in- parentheses fol l ow;ng--
Wetlands -Restoration ` - - - --- - - - -
7:7__-- - — �.� .;�Q. ..LAP reywl res t;,e preservatigG�-_.C'as YuC�141a�i. - mainten rt4e _ and .___.._.
en^ar,cen�^,L Qi �15 acres -o*-- jgh---qua?_i.ty.-=-fully fs nc-icning
i ni s = will rewire- s i9;t;f i c a n t: Capital._costs --cos:sr
- --- -'regulation, phasing-and monitoring
_ � � •
_ . -2.- -The LCP requires predictability-and_1ong-term-maintenance.=--(3 apd
- 3. =- Assurance of adequate water supplies- both -quality- and -quantity. ---
(3.- 17and19) ... _ - -
-- -
__ 4.--.-Need to address and manage far--continued ioil_'-operations and. t ei-r_
- - eventual removal. (6, 9 and
_5,-:__provide educational and resear6h'oRportunitles:_=f:11)
..: Flood CantrQl- ___._ ... - - -• --•._.... _ ----- - --- - _ -- --- -
1'.:- ---Improvements in-and management of •ths.-Wintersbur Flood Control -- -
-----=Channel.-(104 and 105)
_.. V.. .
..t
- ---- -•--- -`-- —'-t---- _ � . .,.r.- _ ---- ..=c.,:.:..,=.... - .. �. -._...�.�..-a�...►.i.--;.:a Vim',._f>�>r_+.�".:-'�,-.�._..�'.. �_ -. "----'. __..--._ �-. _
1r.
MALKOFF
eO�sA cHICA:. : ... - --.:. __._._ ..N :AND
Spcl. Dist: vs LCP. Policies - 'ASSOCIATES -=
December 3, - 1986 '
_ -Page 2
Water' Quality _. : ...
1,_...__Protect all created waterways and wetlands. (16, -18,...19 and 27) - ..
.- 2,- Develop W.Q. programs and monitoring.-.(17, - 20-22) - ---
onitar seawater intrusion. 26 ---- -
- ----- Navigable Ocean Entrance System - - - -
_Create., maintain, and regulate the new oggan_g�trnc� "system; assure
----
_---- -- rundi ng--and environmental soundness.-and mitigate-beach effects.- -
(23-26; _?7_-and 31 )
.2. . - Prctect and .pr_^ti, ce ocean-iron;:- recreation. (29 .an„ 40
Provide-i�r_ main teran ^5 i:_ancs_ p> �,a. ,.icrt of wa e _goal i ,y
19
---- ---- Debtechnical Considerations
1. !Provide for subsidence monitoring!-(38)—_
- Coastn ess and Recreation -
-Assure continued beach access.
_Long-term provision, operatioc"i'd maintenance 4f puhlic trails, . .
- accessways,- -and other 'recreational amenities, .and regulation- of-same.-
-_= (6, and generally all policies' 4641��---
Energy-=Rei ated Facilities and Operations.:' -
_ -1:_- Provi de for regulate continued of!._operations.-- (6;- 9' 87-89, 91-K, _ --
-. _hand 94-95)
-
= - =2: = Manage eventual phaseout of of 1 and:0ddress oil .-phasing -and -urban -
__ - development: -(10, 90 and 93)-.. -'-
BOLSA CNIC11s - - - _. _ _ . AND
------= Spcl. Dist, vs LCP Policies -' --.ASSQCiATES
_December..3,_ 1986 .
---Page 3
=_----
_- .__ _.. Public- -Works.:-.--and.. Urban Infrastructure (including- "_ utilities - . and
-.- - transportation systems} - - - -
__ _. .The - LCP contains ns urban -land ---uses--that-_will _ require -,-All - -normal
.. .:. .
_ .;-::., ------services- associated with urban - de"Il Vmment.--=•This-- will inlcude'-water,
_fire, police, power, solid:wasts-removal,---e z: _.In-addition, the
-' atl on-of nee local and regi Qnal.sQadways will be -accomplish ed under.. the
_ Land— Use Plan: Certain policies.: throughout ._the-- LCP ---address _ special -.
-=__considerations; _ governing policies.Are_fgund generally--in 72-86_- and 96—
_.—. lO7e
Project Phasing, Financing, C&M and Regulatory Considerations ._ - -•
- - -- - _Tt e LCP, in policies 120-1261.- describes dCz uL . and--urogr3ms 'to De _. .
accomplished. Throe9hlcut ear; ;er ..Palicies,_..however, are found statements
3CQut a•'�. __•d5s,1!"3t:e5 CT t�1RCin9�:..the._neey for proper regul:tions and:.
er�forceme�:t. etc.- These will - require-= a regulatory • scn_ en. e' which is -
sens;t?ve to the unique mix of land- uses--and -issues at Baba Chia. _---
_ Taken i nd',vi dua l l y, e3cn --or- -these i.sue '.: areas -. .j s--_ generally
...conventional in nat:jre and for whi.ct', -there already -Likely-, exists- a body of __--
- - - regulatien _and perhaps even an agency=�vith the:- proper_ purview; - But when.:_' _..
- == -- layered - together:-at - Bol sa, the resyl t :suggests the- need and desirability '
- - for -a single. entltY which can -_perf4rTn. ._all ._- or the ma�orjty. of. tl ise -.-- .
_.
-' functions.- - _
BEHRENS, RECHT, FINLEY 8 HANLEY
RUSSELL G.BEHRENS A LAW CORPORATION
ORVILLE F.RECHT 1BOO N.BROADWAY,SUITE 200
WARREN FINLEY SANTA ANA, CALIFORNIA 92706-2656
WILLIAM B.HANLEY
SUZANNE M.TAGUE TELEPHONE(714)547-SBOO
DOUGLAS M.O.GRAVE
JANET R.MORNINGSTAR
February 2 , 1987 #4292 . 001
City Council
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 93648
Re: Bolsa Bay Harbor and Conservation District Proposed
Discussion Draft
Dear Council Members:
Enclosed you will find the January 29, 1987 Proposed
Discussion Draft for the Bolsa Bay Harbor and Conservation
District. I have taken the liberty of highlighting those areas
of the new Draft that are of particular City significance.
In order to meet the development schedule for construction
on the mesa area in 1989, water and sewer powers are needed now
by the District in order to be able to provide the needed funding
for the water and sewer systems. The fact that the District
provides the financial mechanism to fund the water and sewer
system does not inhibit contracting with the City for service to
provide administration, operation and maintenance of the water
and sewer system.
In addition, the provisions concerning other utilities such
as fire and police cannot be exercised unless it can be proven
that other local agencies are unwilling to provide the service
and on condition that LAFCO grant the powers to the District
(Section 331 et seq. ) .
The question of annexation of the territory has been
provided for by subjecting the District to the LAFCO process
after its formation. This process is well established and
recognized as the authorized procedure for processing
reorganization issues concerning cities, counties and local
agencies.
It should also be pointed out that the City's share of the
ad valorem tax allocation does not appear to be impaired whether
annexation occurs now or later.
City Council - HB
February 2, 1987
Page 2
Please do not hesitate to call us on any matters concerning
the project. We look forward to working with you.
Ver truly yours,
Russell G. Behrens
RGB:ggg
Enclosure
BOLSA BAY HARBOR
AND
CONSERVATION DISTRICT
PROPOSED DISCUSSION DRAFT
JANUARY 29, 1987
PACIFIC GOVERNMENTAL CONSULTANTS
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PROJECT TEAM
Skip Schmidt - Pacific Governmental Consultants - Legislative
Drafting
Wayne Clark - Public Relations Counsel - Governmental
Liason
Russell G. Behrens - Behrens, Recht, Finley
& Hanley - Special Districts
Susan K. Hori - Jones, Day, Reavis
& Pogue - Land Use Processing
Mel Malkoff - Mel Malkoff & Associates - Environmental
Engineering
Jerry Wood - IWA Engineers - Utility Engineering
James Kubbelbeck - Williams & Kubbelbeck - Finance Engineering
Richard Anderson - Best, Best & Krieger - Second Opinion
and Overview
PROJECT SPONSORS
SIGNAL LANDMARK, INC.
Jeffrey B. Holm
Darlene A. Frost
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01/2 9/8 7 DRAFT
TABLE OF CONTENTS
(Summary)
CHAPTER 1. INTRODUCTORY PROVISIONS . . . . . . . . . . . . 1
Article 1 - Legislative Findings and Declarations . . . 1
Article 2 - Boundary Description . . . . . . . . . . . 3
Article 3 - Definitions . . . . . . . . . . . . . . . . 4
Article 4 - Establishment and Purposes . . . . . . . . 9
Article 5 - General Provisions . . . . . . . . . . . . 14
CHAPTER 2. INTERNAL ORGANIZATION . . . . . . . . . . . . . 16
Article 1 - General Provisions . . . . . . . . . . . . 16
Article 2 - Election of the First Board . . . . . . . . 18
Article 3 - Elections, Voting . . . . . . . . . . . . . 20
Article 4 - Alternative Method Conducting Elections . . 23
Article 5 - Establishing Divisions . . . . . . . . . . 29
Article 6 - Officers and Employees . . . . . . . . . . 31
CHAPTER 3 . GENERAL POWERS . . . . . . . . . . . . . . . . . 33
Article 1 - General . . . . . . . . . . . . . . . . . . 33
Article 2 - Extended Community Services . . . . . . . 38
CHAPTER 4 . WETLANDS CONSERVATION . . . . . . . . . . . . . 40
Article 1 - State Joint Exercise of Powers with
District . . . . . . . . . . . . . . . . 40
Article 2 - Abatement of Solid Wastes . . . . . . . . . 42
Article 3 - Flood Control . . . . . . . . . . . . . . . 43
CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS . . . . . . . . . 44
CHAPTER 6. WATER & SEWER FACILITIES . . . . . . . . . . 48
Article 1 - Water Operations . . . . . . . . . . . . . 48
Article 2 - Sewage Treatment and Reclamation . . . . . 52
CHAPTER 7 . FINANCIAL PROVISIONS . . . . . . . . . . . . . . 55
Article 1 - Annual Budget . . . . . . . . . . . . . . . 55
Article 2 - Administration of Funds . . . . . . . . . . 57
Article 3 - Taxes . . . . . . . . . . . . . . . . . . . 59
Article 4 - Federal Repayment, Assessment . . . . . . . 62
Article 5 - Improvement and Benefit Assessments . . . 65
Article 6 - Rates , Charges and Fees . . . . . . . . . . 66 -
Article 7 - _Transient Occupancy Taxes . . . . . . . . . 70
Article 6 - Short-Term Borrowings . . . . . . . . . . . 72
Article 9 - Bonded Indebtedness . . . . . . . . . . . . 73
CHAPTER 8 . FEDERAL REPAYMENT DISTRICT, ZONES OF BENEFIT,
.AND IMPROVEMENT DISTRICTS . . . . . . . . . . . . . . . 75
Article 1 - Federal Repayment District . . . . . . . . 75
Article 2 - Zones of Benefit . . . . . . . . . . . . . 76
Article 3 - Improvement Districts . . . . . . . . . . . 81
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I
TABLE OF CONTENTS
CHAPTER 1. INTRODUCTORY PROVISIONS 1
Article 1 - Legislative Findings and Declarations . . . 1
Article 2 - Boundary Description . . . . . . . . . . . 3
Article 3 - Definitions . . . . . . . . . . . . . . . . 4
Section 100 - Effect of Definition . . . . . . . . 4
Section 101 - "Application of Definitions" . . . . 4
Section 102 - "Board of Supervisors" . . . . . . . 4
Section 103 - "Coastal Commission" . . . . . . . . 4
Section 104 - "Commission" . . . . . . . . . . . . 4
Section 105 - "Conservancy" . . . . . . . . . . . 4
Section 106 - "County" . . . . . . . . . . . . . . 4
Section 107 - "Department of Fish and Game" . . . 5
Section 108 - "District" . . . . . . . . . . . . . 5
Section 109 - "Federal Funding" . . . . . . . . . 5
Section 110 - "Habitat Conservation Plan" . . . . 5
Section Ill - "Harbor Facility" . . . . . . . . . 5
Section 112 - "Holder of Title" or "Landowner" . . 5
Section 113 - "Improvement District" . . . . . . . 6
Section 114 - "Land" . . . . . . . . . . . . . . . 6
Section 115 - "Land Use Plan" . . . . . . . . . . 6
Section 116 - "Legal Representative" . . . . . . . 6
Section 117 - "Local Coastal Program" . . . . . . 7
Section 118 - "May or Shall" . . . . . . . . . . . 7
Section 119 - "Navigable Ocean Entrance" . . . . . 7
Section 120 - "State" . . . . . . . . . . . . . . 7
Section 121 - "United States" . . . . . . . . . . 7
Section 122 - "Visitor Serving Facilities" . . . . 7
Section 123 - "Landowner Voter" . . . . . . . . . 8
Section 124 - "Resident Voter" . . . . . . . . . . 8
Section 125 - "Wetlands Restoration" . . . . . . . 8
Section 126 - "Wetlands Restoration Plan" . . . . 8
Article 4 - Establishment and Purposes . . . . . . . . 9
Section 140 - Title . . . . . . . . . . . . . . . 9
Section 141 - Establishment of District and
Purposes . . . . . . . . . . . . . . . . . . 9
Section 142 - Limitations . . . . . . . . . . . . 10
Section 143 - District Powers Subordinate to State
Interests . . . . . . . . . . . . . . . . . . 10
Section 144 - State Lands Exempt From Special
Taxes and Assessments . . . . . . . . . . . . 11
Section 146 - State Sovereignty Over State-Owned
Lands . . . . . . . . . . .
Section 147 - Effect on Prior Agreements . . . . . 12
Section 148 - Severabilitv Clause . . . . . . . . 12
Section 149 - Liberal Construction . . . . . . . . 13
Article 5 - General Provisions . . . . . . . . . . . . 14
Section 150 - Act . . . . . . . . . . . . . . . . 14
Section 151 - Rights, Privileges, and Immunities:
Exercisable by Legal -Representative . . . . . 14
Section 152 - Acknowledgement . . . . . . . . . . 14
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Section 153 - Fees . . . . . . . . . . . . . . . . 14
Section 154 - State Treasurer's Fees . . . . . . . 14
Section 155 - Applicability of Uniform District
Election Law . . . . . . . . . . . . . . . . 14
Section 156 - Changes of Organization . . . . . . 15
CHAPTER 2 . INTERNAL ORGANIZATION . . . . . . . . . . . . . 16
Article 1 - General Provisions . . . . . . . . . . . . 16
Section 200 - Governing Body . . . . . . . . . . . 16
Section 201 - Terms of Office of Commissioners 16
Section 202 - Time of Election . . . . . . 16
Section 203 - Vacancies in Office of Commissioner 16
Section 204 - Increasing Number of Commissioners 17
Article 2 - Election of the First Board . . . . . . . . 18
Section 210 - Board of Commissioners . . . . . . . 18
Section 211 - First Board . . . . . . . . . . . . 18
Section 212 - Staggered Terms . . . . . . . . . . 19
Article 3 - Elections, voting . . . . . . . . . . . . . 20
Section 213 - Voters; Number of Votes; Assessment
Roll 20
Section 214 - Ascertainment of Voters in District 20
Section 215 - Voting in Person or by Proxy . . . . 21
Section 216 - Validity of Proxy; Requirements;
Revocability . . . . . . . . . . . . . . . . 21
Section 217 - Legal Representative; Certified Copy
of Authority; Presentation and Filing . . . . 22
Article 4 - Alternative Method Conducting Elections . . 23
Section 220 - Change to Resident Voting . . . . . 23
Section 221 - Determination of Assessable Area . . 23
Section 222 - Petition to Change . . . . . . . . . 23
Section 223 - Form of Petition . . . . . . . . . . 23
Section 224 - Authorized Petitioners . . . . . . . 24
Section 225 - Circulator Requirements . . . . . . 24
Section 226 - Time to Obtain Signatures . . . . . 25
Section 227 - Filing of Petition . . . . . . . . . 25
Section 228 - Verification of Petition . . . . . . 25
Section 229 - Supplemental Petition . . . . . . . 25
Section 230 - Secretary's Certificate . . . . . . 26
Section 231 - Resolution Changing to Resident
Voting . . . . . . . . . . . . . . . . . . . 26
Section 232 - Filing Resolution With County . . . 26
Section 233 - Subsequent Elections . . . . . . . . 27
Section 234 - Commissioners Must Be Residents and
Registered Voters . . . . . . . . . . . . . . 27
Section 235 - Election Procedures for New
Commissioners . . . . . . . . . . . . . . . . 27
Section 236 - No Prior Acts Invalidated . . . . . 27
Section 237 - No Obligations Invalidated . . . . . 27
Article 5 - Establishing Divisions . . . . . . . . . . 29
Section 240 - Resolution Requiring Divisions . . . 29
Section 241 - Board of Supervisors Hearing . . . . 29
Section 242 - Order Establishing Divisions . . . . 29
Section 243 - Election. of Commissioners by
Division . . . . . . . . . . . . . . . . . . 29
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Section 244 - Creation of Division Not Affect
Existing Term . . . . . . . . . . . . . . . 30
Section 245 - Designation of Divisions . . . . . 30
Section 246 - Relocation of Division Boundaries 30
Article 6 - _Officers and Employees . . . . . . . . . . 31
Section 250 - Officers of the Board . . . . . . . 31
Section 251 - Consolidation . . . . . . . . . . . 31
Section 252 - Duties . . . . . . . . . . . . 31
Section 253 - Officers of the District . . . . . 31
Section 254 - Officers Serve at Pleasure of Board 31
Section 255 - Confirmation of Other Officers and
Employees . . . . . . . . . . . . . . . . . . 31
Section 256 - Management . . . . . . . . . . . . 32
Section 257 - Officers' Duties . . . . . . . . . . 32
Section 258 - Meetings . . . . . . . . . . . . . . 32
Section 259 - Compensation . . . . . . . . . . . . 32
CHAPTER 3 . GENERAL POWERS . . . . . . . . . . . . . . . . . 33
Article 1 - General . . . . . . . . . . . . . . . . . . 33
Section 300 - Necessary and Proper . . . . . . . . 33
Section 301 - Seal . . . . . . . . . . . . . . . 33
Section 302 - Property . . . . . . . . . . . . . . 33
Section 303 - Eminent Domain . . . . . . . . . . . 33
Section 304 - Finances . . . . . . . . . . . . . . 33
Section 305 - Contracts for the Performance of
Services . . . . . . . . . . . . . . . . . . . 34
Section 306 - Entry on Lands . . . . . . . . . . . 34
Section 307 - Execution of Contracts . . . . . . . 34
Section 308 - Legal Actions . . . . . . . . . . . 34
Section 309 - Public Information . . . . . . . . . 35
Section 310 - Administrative Code . . . . . . . . 35
Section 311 - Rules and Regulations . . . . . . . 35
Section 312 - Violation of Rules and Regulations . 36
Section 313 - Notice and Public Hearing . . . . . 36
Section 314 - Violation A Misdemeanor . . . . . . 36
Section 315 - Contract With Federal Government . . 37
Section 316 - Joint Exercise of Powers . . . . . . 37
Article 2 - Extended Community Services . . . . . . . 38
Section 330 - Statement of Understanding . . . . . 38
Section 331 - Community Services District Act . . 38
Section 332 - Rights, Powers and Duties . . . . . 39
Section 333 - Local Agency Formation Commission
Approval . . . . . . . . . . . . . . . . . . 39
CHAPTER 4 . WETLANDS CONSERVATION . . . . . . . . . . . . . 40
Article 1 - State Joint Exercise of Powers with
District . . . . . . . . . . . . . . . . . . . . . 40
Section 400 - Legislative Intent . . . . . . . . . 40
Section 402 - Quorum Requirements . . . . . . . . 40
Section 403 - Powers and Duties of the Authority . 41
Article 2 - Abatement of Solid Wastes . . . . . . . . . 42
Section 420 - Abatement, Collection. and Disposal . 42
Section 421 -Supplemen-z:al Provisions . . . . . . 42
Section 422 - Definition . . . . . . . . . . . . . 42
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01/29/87 DRAFT
Article 3 - Flood Control . . . . . . . . . . . . . . . 43
Section 425 - Purpose . . . . . . . . . . . . . . 43
Section 426 - Cooperation with Orange County Flood
Control District . . . . . . . . . . . . . . 43
CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS . . . . . . . . . 44
Section 500 - Navigable Ocean Entrance and Harbor
Facilities . . . . . . . . . . . . . . . . . 44
Section 501 - Powers . . . . .
Section 502 - Consent of Other Public Agencies . . 45
Section 503 - Lease of Property . . . . . . . . . 46
Section 504 - Establishment of Rules . . . . . . . 46
Section 505 - Franchises . . . . . . . . . . . . . 47
Section 506 - Advertising . . . . . . . . . . . . 47
Section 507 - County Department of Harbors, Beaches and
Parks . . . . . . . . . . . . . . . . . . . . 47
Section 508 - Federal Funding . . . . . . . . . . 47
CHAPTER 6. WATER & SEWER FACILITIES . . . . . . . . . . . . 48
Article 1 - Water Operations . . . . . . . . . . . . . 48
Section 600 - Powers . . . . . . . . . . . . . . . 48
Section 601 - Water Storage . . . . . . . . . . . 48
Section 602 - Water Use . . . . . . . . . . . . . 48
Section 603 - Water Sales . . . . . . . . . . . . 46
Section 604 - Water Works . . . . . . . . . . . . 48
Section 605 - Conservation . . . . . . . . . . . . 49
Section 606 - Water Delivery . . . . . . . . . . . 49
Section 607 - Restrictions on Use . . . . . . . . 49
Section 608 - Shortage and Emergency . . . . . . . 49
Section 609 - Findings, Evidence . . . . . . . . . 50
Section 610 - Misdemeanor . . . . . . . . . . . . 50
Section 611 - Rates Different Class . . . . . . . 50
Article 2 - Sewage Treatment and Reclamation . . . . . 52
Section 620 - Powers . . . . . . . . . . . . . . . 52
Section 621 - Contract to Serve Inside and Outside
District . . . . . . . . . . . . . . . . . . 52
Section 622 - Cesspools and Septic Tanks . . . . . 52
Section 623 - Improvement Districts . . . . . . . 52
Section 624 - Installation of Works, Roads,
Streets and Rights-of-Way . . . . . . . . . . 53
Section 625 - Inspection . . . . . . . . . . . . . 53
Section 626 - Sale of Water Effluent and By-
Products . . . . . . . . . . . . . . . . . . 54
Section 627 - Rates and Charges . . . . . . . . . 54
Section 628 - Assessments for System . . . . . . . 54
CHAPTER 7. FINANCIAL PROVISIONS . . . . . . . . . . . . . . 55
Article 1 - Annual Budget . . . . . . . . . . . . . . . 55
Section 700 - Designation of Funds . . . . . . . . 55
Section 701 - Preliminary Budget . . . . . . . . . 55
Section 702 - Appropriations . . . . . . . . . . . 55
Section 703 - Final Budge . . . . . . . . . . . . 56
Article 2 - Administration, of Funds . . . . . . . . . . 57
Section 710 - Transfers from General Fund,
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Restriction on Transfer from Special Funds 57
Section 711 - Surplus Money . . . . . . . . . . . 57
Section 712 - Pooling . . . . . . . . . . . . . . 57
Section 713 - Investment Policy . . . . . . . . . 57
Section 714 - Deposit and Safekeeping . . . . . . 57
Article 3 - Taxes . . . . . . . . . . . . . . . . . . . 59
Section 720 - Exchange of Property Taxes . . . . . 59
Section 721 - County Determination . . . . . . . . 59
Section 722 - County Refusal . . . . . . . . . . . 60
Section 723 - Special Taxes . . . . . . . . . . . 60
Section 724 - Special Taxes . . . . . . . . . . . 60
Section 725 - Special Taxes - Mello-Roos . . . . . 60
Article 4 - Federal Repayment, Assessment . . . . . . . 62
Section 730 - Federal Cost Share Determination . . 62
Section 731 - Assessments for Deficiencies . . . . 62
Section 732 - Amount of Assessment, Notice . . . . 62
Section 733 - Zones . . . . . . . . . . . . . . . 62
Section 734 - Hearing . . . . . . . . . . . . . . 63
Section 735 - Post Hearing Procedure . . . . . . . 63
Section 736 - Restrictions After Abandonment . . . 63
Section 737 - Frequency of Assessments . . . . . . 63
Section 738 - Deposits of Assessment Revenues 64
Section 739 - Liens . . . . . . 64
Article 5 - Improvement and Benefit Assessrierts . . . 65
Section 750 - Improvement Assessments . . . . . . 65
Section 751 - Benefit Assessments . . . . . . . . 65
Section 752 - Collection by County . . . . . . . . 65
Section 753 - Liens . . . . . . . . . . . . . . . 65
Article 6 - Rates, Charges and Fees . . . . . . . . . . 66
Section 760 - Stand-by Charges . . . . . . . . . . 66
Section 761 - Water Rates . . . . . . . . . . . . 66
Section 762 - Sewer Charges . . . . . . . . . . . 66
Section 763 - Use of Water and Sewer Revenues . . 67
Section 764 - Parking Fees . . . . . . . . . . . . 67
Section 765 - Resolution of Intention, Notice,
Hearing . . . . . . . . . . . . . . . . . . . 67
Section 766 - Deposit of Parking Fees . . . . . . 68
Section 767 - Excess Parking Fees, Wetlands
Conservation Fund . . . . . . . . . . . . . . 68
Section 768 - Wharfage Charges, Slip and Anchorage
Fees . . . . . . . . . . . . . . . . . . . . 68
Section 769 - Surcharge On Wharfage, Slip and
Anchorage Charges and Fees . . . . . . . . . 68
Section 770 - Revenues From Surcharges to Wetlands
Conservation or Federal Cost Share Fund . . . 69
Section 771 - Schedule of Charges and Fees . . . . 69
Section 772 - Time for Adoption of Schedule . . . 69
Article 7 - Transient Occupancv Taxes . . . . . . . . . 70
Section 775 - Definitions . . . . . . . . . . . . 70
Section 776 - Tax Rate Imposed . . . . . . . . . . 71
Section 777 - Transmittal of Tax To Wetlands
Preservation Fund . . . . . . . . . . . . . 71
Article 8 - Short-Terry: Borrowinas . . . . . . . . . . . 72
Section 790 - Revenue Anticipation Notes . . . . . 72
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01/29/87 DRAFT
Section 791 - Warrants Payable Within Five Years 72
Section 792 - Promissory Notes . . . . . . . . . . 72
Article 9 - Bonded Indebtedness . . . . . . . . . . . . 73
Section 793 - General . . . . . . . . . . . . . . 73
Section 794 - Limitation and General Obligation
Bonds . . . . . . . . . . . . . . . . . . . . 73
Section 795 - Revenue Bonds . . . . . . . . . . . 73
Section 796 - Bonds, Improvement Districts . . . . 74
Section 797 - Assessments . . . . . . . . . . . . 74
CHAPTER 8 . FEDERAL REPAYMENT DISTRICT, ZONES OF BENEFIT,
AND IMPROVEMENT DISTRICTS . . . . . . . . . . . . . . . 75
Article 1 - Federal Repayment District . . . . . . . . 75
Section 800 - Purposes of District . . . . . . . . 75
Section 801 - Zones Within Federal Repayment
District 75
Section 802 - Limitations on Alteration of Zones 75
Article 2 - Zones of Benefit . . . . . . . . . . . . . 76
Section 810 - Establishment . . . . . . . . . . . 76
Section 811 - Resolution of Intention . . . . . . 76
Section 812 - Report on Proposed Zone . . . . . . 76
Section 813 - Circulation of Report . . . . . . . 77
Section 814 - Hearing . . . . . . . . . . . . . . 77
Section 815 - Protest Procedure . . . . . . . . . 77
Section 816 - Validity of Signatures . . . . . . . 77
Section 817 - Inclusion and Exclusion of Territory 78
Section 818 - Majority Protest . . . . . . . . . . 78
Section 819 - Effect of Majority Protest . . . . . 78
Section 820 - Factors to Consider and Abandonment 79
Section 821 - Procedures to Dissolve . . . . . . . 79
Section 822 - Initiation by Petition . . . . . . . 80
Section 823 - Sufficiency of Petition . . . . . . 80
Article 3 - Inprovement Districts . . . . . . . . . . . 81
Section 830 - General . . . . . . . . . . . . . . 81
Section 831 - Rights, Powers and Duties . . . . . 81
I
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I `
CHAPTER 1. INTRODUCTORY PROVISIONS
Article 1 - Legislative Findings and Declarations
The Legislature hereby finds that a necessity exists along
the Coastal Zone of Orange County to establish adequate legal and
institutional arrangements required by the Orange County Land Use
Plan for the Bolsa Chica project to restore and maintain in
perpetuity certain wetlands and environmentally sensitive habitat
areas identified in the Land Use Plan. In addition, a need
exists to meet the standards of Federal law authorizing the
construction of a navigable ocean entrance and associated
waterways which are essential to the successful restoration of
the wetlands and which will contribute to the public recreational
opportunities in the Coastal Zone. Also, a further need exists
to accommodate the requirements to construct, finance and operate
under public control water and sewer facilities for the
residential, commercial and recreational uses anticipated in the
Bolsa Chica project.
The Legislature further finds that it is the State's policy
to encourage State and local cooperation to implement plans that
result in mutually beneficial uses in the Coastal Zone and will
assure orderly, balanced coastal dependent and coastal related
developments. Policy guidelines previously adopted by the
Legislature or enacted by the people intend that the harbors of
the State should be developed to satisfy multiple interests, and
that the public should have maximum access to and use of the
Coastal Zone.
The Legislature, therefore, declares that, subject to the
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Coastal Act of 1976, the provisions of the Orange County Land Use
Plan for the Bolsa Chica area appear to be consistent with the
goals of the Coastal Act of 1976 and will result in a multiple-
use coastal development which provides local, regional and State-
wide benefits. The Legislature further declares that in order to
implement critical elements of the Bolsa Chica Land Use Plan and
coordinate the public and private interests inherent in the Plan,
it is necessary to adopt an act establishing a special district
with adequate authority and accountability to meet local needs
and Federal standards and to assure compliance with the
established coastal and harbor development policies of the State.
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CHAPTER 1.
Article 2 - Boundary Description
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CHAPTER 1.
Article 3 - Definitions
Section 100 - Effect of Definition
Unless the context otherwise requires, the definitions in
this Act shall govern its construction.
* * * * * * * * * * *
Section 101 - "Application of Definitions"
The definition of a word applies to any of its variants.
Section 102 - "Board of Supervisors"
Means the Board of Supervisors of Orange County.
Section 103 - "Coastal Commission"
Means the state agency established under Section 30300 of
the Public Resources Code and designated as the Coastal Zone
Planning and Management Agency charged with implementing the
Coastal Act.
Section 104 - "Commissiont0
Means the governing board of the Bolsa Bay Harbor and
Conservation District.
Section 105 - I'Conservancvll
Means a private, non-profit organization established for the
purposes of implementing the objectives of Section 31000, et
seq. , of the Public Resources Code, and existing under the
provisions of Section 501 (c) (3) of the United States Internal
Revenue Code, which has among its principal charitable purposes
the preservation of land for scientific, historic, educational,
recreational, agricultural, scenic, or open space opportunities.
Section 106 - IlCountyll
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Means the County of Orange, California.
Section 107 - ' Department of Fish and Game®
Means the state agency having authority and responsibility
to protect and enhance fish and wildlife resources.
Section 108 - "District"
Means the Bolsa Bay Harbor and Conservation District.
Section 109 - "Federal Fundinct"
Means the contingent authorization of funds, if any,
contained in the Omnibus Water Act of 1986 by the government of
the United States to construct the navigable ocean entrance and
appurtenances.
Section 110 - "Habitat Conservation Plan"
Means a plan which provides for the conservation of the
habitat of fish and wildlife resources as described at Section
30237 of the Public Resources Code.
Section 111 - "Harbor Facility"
Means the marina basins, main and secondary navigable
waterway systems, the lands underlying the marina basin(s) , main
and secondary waterways, and any abutting lands used for boater
oriented recreational or commercial activities, including in-
water or dry storage of boats, and the parking of vehicles to
accommodate the recreational or commercial activities of the
harbor.
Section 112 - "Holder of Title" or "Landowner"
Means the owner of record of the fee title to land;
provided, however, in the event the owner of record of such fee
title has conveyed the equitable title to such land by way of a
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land sale contract and such contract or a memorandum thereof is
recorded, "holder of title" shall mean the contract vendee
thereunder and not the record owner of the fee title.
Section 113 - "Improvement District's
Means any area within the District established by the
Commission pursuant to any of the provisions of this Act or other
applicable laws for the purpose of providing for and financing
the construction, acquisition, reconstruction, maintenance,
operation, extension, repair or improvement of any work or works
of common benefit to the land or inhabitants within an
improvement district.
Section 114 - "Land's
Means the solid material of the earth, whatever may be the
ingredients of which it is composed, whether soil, rock or other
substance which land is within the District, but there shall not
be included in the meaning of land, improvements thereon or
rights and privileges appertaining to water, minerals, oil, gas
or other hydrocarbon substances underlying the surface thereof.
Section 115 - "Land Use Plans
Means the Bolsa Chica Land Use Plan prepared pursuant to
Section 30108 .5 of the Public Resources Code adopted by the Board
of Supervisors as revised on December 16, 1985 by Resolution No.
85-1777 and approved by the California Coastal Commission on
January 8, 1986.
Section 116 - I'Lecral Representative"
Means an offical of a corporation owning land, and means a
guardian, executor, or administrator of the estate of the holder
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of title to land who:
(a) Is appointed under the laws of this State, or
(b) Is entitled to the possession of the estate's land, or
(c) Is authorized by the appointing court to exercise the
particular right, privilege, or immunity which he seeks
to exercise.
Section 117 - "Local Coastal Program'o
Means a local government's land use plan zoning ordinances
and implementing actions program which, when taken together,
satisfy the requirements and implement the provisions and
policies of the Coastal Act of 1976 at the local level.
Section 118 - $'May or Shall"
"May" is permissive and 11shall" is mandatory.
Section 119 - "Navigable Ocean Entrance,,
Means the system of navigable waterway(s) that provides for
access between the Pacific Ocean and the harbor facility and may
include side jetties and an off-shore sheltering breakwater.
Section 120 - "State,,
Means the State. of California and includes all bureaus,
commissions, divisions, departments, boards, agencies,
committees, officers, and branches thereof.
Section 121 - "United States"
Means the government of the United States of America and
includes all bureaus, commissions, divisions, departments,
boards, agencies, committees, offices, and branches thereof.
Section 122 - "Visitor Servinq FacMties«
Means the facilities that fulfill purposes under the Coastal
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T
Act of serving the need for public access and recreation within
the coastal zone.
Section 123 - "Landowner Voter"
Means a person who is a holder of title.
Section 124 - ' Resident Voters@
Means a person who is a qualified elector and a resident of
the District.
Section 125 - ' Wetlands Restoration"
Means an activity to establish, maintain, preserve and
enhance wetlands especially those which have been destroyed or
degraded, to a high quality, fully functioning level of
biological productivity and diversity.
Section 126 - "Wetlands Restoration Plane
Means a two-phase concept and implementation plan to
establish, restore and preserve certain wetlands and
environmentally sensitive habitat areas identified in the Bolsa
Chica Land Use Plan.
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CHAPTER 1.
Article 4 - Establishment and Purposes
Section 140 - Title
This Act shall be known and may be cited as the Bolsa Bay
Harbor and Conservation District Act.
Section 141 - Establishment of District and Purposes
The Bolsa Bay Harbor and Conservation District is hereby
established in accordance with the provisions of this Act and is
a public corporation created for the following purposes:
(a) To provide an adequate institutional and legal
framework to carry out and fund, implementing action
programs to restore, enhance and maintain in perpetuity
the wetlands and environmental) sensitive habitat
t
areas within the coastal zone of Orange County,
identified by the Bolsa Chica local coastal plan.
(b) To provide a means to achieve and support objectives of
the State of California through the collection and
allocation of selected public and private funds.
(c) To administer and raise funds to repay the federal loan
cost share authorized by the Omnibus Water Act of 1986
and to maintain in perpetuity the facilities,
structures and appurtenances for the navigable ocean
openings and waterways conducted with funds authorized
and/or appropriated by the federal government.
(d) To maintain and administer the facilities of a small
craft harbor landward of the Bolsa Chica ocean
entrance.
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(e) To provide an adequate water supply and to collect and
dispose of sewage for the benefit of the lands and
inhabitants of the District.
(f) To administer and raise funds to construct and maintain
appropriate facilities including, but not limited to,
(1) dredging and land reclamation purposes; (2)
drainage and flood control purposes; (3) parks,
recreation and open space land and facilities; (4)
levees and channel edges; and (5) docks and
appurtenances.
(g) Pursuant to the limitations of Section 331 of this Act,
to raise funds for and provide services including, but
not limited to, (1) police and fire; (2) streets and
street lighting, (3) parks and recreation; and (4) any
�I
other facility or service common to and appropriate for
the health, safety and enjoyment of residents within
the District.
Section 142 - Limitations
No provision in this division should be interpreted to limit
the power or authority of any city, county or state agency with
jurisdiction within the District to regulate land uses with the
District in accordance with the provisions of the Coastal Act of
i
1976.
i
Section 143 - District Powers Subordinate to State Interests
Pursuant to Section of the Public Resources Code, the
State is the fee owner or the lessee with provision for
i
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conveyance of fee title of certain, lands within the District.
i
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The provisions of this Act shall not be construed to conflict
with the right of the State to carry out its public trust
obligations on said land, and, in all respects, the District's
powers shall be subordinate to the interests of the State with
respect to lands owned or leased by the State within the
District.
Section 144 - State Lands Exempt From Special Taxes and
Assessments
State lands shall not be subject to any taxes, assessments,
rates, fees or charges without its written consent. However, any
enterprise function conducted on the lands owned by the State,
its assignees, lessees, permitees, franchisees, or licensees
shall be subject to any uniform charges or surcharges as set
forth in this Act. The State lands, shall not be liable for
non-payment of such fees, assessments, taxes or charges in the
event of non-payment.
section 145 - Collection and Expenditure of Public Trust Revenue
State lands within the District are public trust land. Any
revenues collected by the . District from enterprise activities
conducted on the State lands, not -needed to defray normal
operating expenses related to the State or related to the harbor,
shall be only allocated or spent to subserve State public trust
purpose for wetlands preservation and maintenance.
Section 146 - State Sovereignty Over State-Owned Lands
The purpose of the District is to facilitate the
coordination of -the - activities, programs and powers of the
various Federal, State and local agencies with the harbor,
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1
wetlands, residents and landowners in the project area. This
will achieve an orderly, coordinated development that enables
restoration and protection of State wetlands, construction of
State and Federally-funded harbor facilities within State lands,
coordination with the California Coastal Commission in
conjunction with County planning, and coordination of planning,
utilities and services with the City of Huntington Beach to
facilitate annexation upon the occurrence of certain: conditions.
It is intended that the ownership by the State of lands within
the project area is of primary importance and that this Act not
impair the State sovereignty over its lands within the project
area nor to impair the State's ability to control, operate and
maintain its lands and resources. Because of the need of the
State to conduct its activities in this local project area, it is
the further intention of this Act to provide the State with an
agency to act at the State's direction to implement its programs
with the assistance of local funding resources.
Section 147 --Effect on Prior Agreements
No provision . in this division should be interpreted to limit
the enforceability and applicability of any provision of any
agreements entered into between or among a city, county, state or
federal agency and a private person affecting the Bolsa Chica
area.
Section 148 - Severability Clause
If any provision of this Act or the application of such
provision to any persons or circumstances is held invalid, the
remainder of this Act, or the application of such provision to
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I
persons other than those to which it is held invalid, shall not
be affected thereby.
Section 149 - Liberal Construction
The provisions of this Act shall be liberally construed to
effectuate its purposes.
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L-
CHAPTER 1.
Article 5 - General Provisions
Section 150 - Act
Nothing in this Act changes or repeals any other law of this
State.
Section 151 - Rights, Privileges, and Immunities: Exercisable by
Legal Representative
The rights, privileges and immunities created or continued
in force by this Act in favor of any holder of title to land may
for his benefit and on his behalf be exercised by his legal
representative.
Section 152 - Acknowledgement
Whenever an instrument is by this Act required to be
acknowledged, each signer shall acknowledge the instrument in the
manner provided by law before his signature shall be effective.
Section 153 - Fees
Except as provided in Section 29142 of the Government Code,
no supervisor, auditor, clerk nor any other officer or employee
of the county shall receive any fee for any service required to
be performed by him under the provisions of this Act.
Section 154 - State Treasurers Fees
Fees payable to the State Treasurer pursuant to this Act
shall be those established by the State Treasurer pursuant to
Section 20018 of the California Government Code.
Section 155 - Applicability of Uniform District Election Law
Elections authorized by this Act are subject to the
provisions of the Uniform District Election Law, Part 3
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(commencing with Section 23500) of Division 14 of the Elections
Code.
Section 156 - Changes of Organization
The District is a "district" as defined by Section 56036 of
the Government Code. After the effective date of the
establishment of the District, any proposed change of
organization or reorganization for which the District is a
subject agency shall . be initiated, conducted and completed
pursuant to Division 3 (commencing with Section 56000) of Title 5
of the Government Code.
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CHAPTER 2 . INTERNAL ORGANIZATION
Article 1 - General Provisions
Section 200 - Governing Body
The District shall be governed by a Board of Commissioners.
Except as provided by Section 204 and Article 3 of this Chapter,
the Board of Commissioners shall be composed of five members and
shall have the qualifications and shall be elected as set forth
in Article 2 of this Chapter 2 .
Section 201 - Terms of Office of Commissioners
The terms of Office of Commissioners elected pursuant to
this Chapter shall be four (4) years.
Section 202 - Time of Election
Except as otherwise provided by his Chapter, elections for
members of the Board of Commissioners shall be called for and
held to coincide with the State-wide general election in November
of each even-numbered year.
Section 203 - Vacancies in Office of Commissioner
All vacancies in the Office of Commissioner shall be filled
as follows:
(a) Vacancies for Commissioners elected pursuant to Article
2 of this Chapter shall be filled by appointment by the
remaining Commissioners or, in the absence of a
majority consensus or of a cruorum, by the Board of
Supervisors.
(b) Vacancies for Commissioners elected pursuant to Article
5 of this Chapter shall be filled pursuant to Section
1780 of the Government Code.
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Section 204 - Increasing Number of Commissioners
At any time after four years from the date of the formation
of a district, and from time to time thereafter, but not less
than 120 days before a general district election, the Commission
may, by resolution, increase the number of Commissioners to serve
thereon to 7, 9 or 11 and may designate the first additional
members to serve on said enlarged Board. The Commission shall
determine the term of office of each of the new Commissioners so
appointed, but in no event shall such term designated by the
Board be for more than four years. The terms of office thus
created shall be determined in such a manner as to keep as nearly
equal as practicable the number of Commissioners to be elected at
each subsequent general District election. Upon the expiration
of such terms so designated by the Commission, such position
shall be filled at the next general District election and general
District elections held thereafter for the election of officers.
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Chapter 2 .
Article 2 - Election of the First Board
Section 210 - Board of commissioners
The district shall be governed by a Board of Commissioners
composed of five members elected pursuant to the provisions of
this Chapter.
Section 211 - First Board
The first District Board shall be elected at an election
conducted by the Board of Supervisors within 35 days following
the formation of the district, as follows:
(a) Any person qualified to vote in elections conducted
pursuant to Article 1 and Article 2 of this Chapter
must be voters as defined by Sections 123 and 124 of
this Act.
(b) Nominating petitions for the position of commissioner
shall be in writing and signed by voters representing
at least 10 percent of the assessed value of land as
shown by the last equalized assessment role.
(c) No voter shall sign any more nominating petitions than
there are offices to be filled.
(d) If, on the 15th day prior to the date of the election
called by the Board of Supervisors, only one person has
been nominated for each position to be filled at that
election, an election shall- not be held and the Board
of Supervisors shall appoint those nominated for the
position of Commissioner.
(e) In the event an election is held, each voter shall have
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one vote for each one dollar ($1. 00) in assessed
valuation of land owned by the landowner.
(f) A majority of the votes cast shall be required to elect
a commissioner.
Section 212 - Staggered Terms
The first District Board of Commissioners shall classify
itself by lot so two Commissioners shall hold office until the
last Friday in November, 1988 and three Commissioners shall hold
office until the last Friday in November, 1990.
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CHAPTER 2 .
Article 3 - Elections, Voting
Section 213 - Voters; Number of Votes; Assessment Roll
Each voter shall have one vote for each dollar's worth of
land to which he holds title. The last equalized assessment roll
of the County is conclusive evidence of ownership and of the
value of the land so owned. However, the Board may determine, by
resolution, that the equalized assessment roll of each affected
county shall be corrected to reflect, in the case of transfers of
land, those persons who as of the 45th day prior to the election
appear as owners on the records of the County.
Section 214 - Ascertainment of Voters in District
A district may, by ordinance adopted at least 90 days prior
to any district election, determine that voters shall thereafter
be ascertained pursuant to this Section.
In such event, the County Clerk shall prepare the voter list
required by Section 23527 . 5 of the Elections Code based upon the
last equalized assessment roll of each affected county corrected
to reflect, in the case of transfers of land, those persons who,
as of the 45th day prior to the election, appear as owners on the
records in the County Assessor's office which the Assessor will
use to prepare the next ensuing Assessor's roll and which shall
be conclusive evidence of ownership and of the value of land so
owned. Where only a portion of a parcel of land has been
transferred, and the assessed value thereof and of the remaining
parcel are not separately stated upon the roll , estimated
assessed values, therefore, shall be, made by the County. Assessor
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and such estimates shall, for the proposes of this Section, be
considered the value of the land. If more than one person or
entity are shown as the owners of record of a parcel of land, the
County Clerk shall apportion the voting rights between the owners
based upon the respective record interests in such land, and for
such purpose, the County Clerk may consider such information with
respect thereto as the County Clerk deems correct, proper and
appropriate.
Section 215 - Voting in Person or by Proxy
Every voter, or his legal representative, may vote at any
District election either in person or by a person duly appointed
as his proxy.
Section 216 - Validity of Proxy; Requirements; Revocability
No appointment of a proxy shall be valid, accepted, or vote
allowed thereon at any District election unless it meets all of
the following requirements:
(a) It is in writing;
(b) It is executed by the person or legal representative of
the person who, in accordance with the provisions of
Sections 213 or 214 , is entitled to the votes for which
the proxy is given;
(c) It is acknowledged or certified in accordance with
Section 2015.5 of the Code of Civil Procedure;
(d) It specified the election at which it is to be used.
An appointment of a proxy shall be used only at the
election specified; and
(e) It shall be on a form as specified by the County Clerk
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meeting the above requirements.
Every appointment of a proxy is revocable at the pleasure of the
person executing it at any time before the person appointed as
proxy shall have cast a ballot representing the votes for which
the appointment was given.
Section 217 - Legal Representative; Certified Copy of Authority;
Presentation and Filing
Before a legal representative votes at a district election,
he shall present to the precinct board a certified copy of his
authority which shall be kept and filed with the returns of the
election.
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CHAPTER 2.
Article 4 - Alternative Method Conducting Elections
Section 220 - Change to Resident Voting
The voting procedure within a district shall be changed from
that of a landowner voter district to that of a resident voting
district at such time as the Board of Commissioners shall
determine by a resolution adopted in conformity with the
provisions of this Article.
Section 221 - Determination of Assessable Area
Between January 1 and March 30 of each year, the secretary
of the district shall inspect the assessable area within the
district. At such time as at least 50 percent of the assessable
area within the district is devoted to and developed for
residential, industrial, or non-agricultural commercial use, - or
any combination thereof, such fact shall be certified to the
Board of Commissioners by the Secretary of the District. Any
time ,after such certification, the resident voters registered to
vote within the district may petition for a change in the voting
procedure:. from a landowner voter district to a resident_ voter
district.
Section 222 - -Petition to Chancre
_ The petition shall be signed by _not less than 25 resident
voters of the district who represent no less than 25 percent of
the total number of resident voters of the district.
Section. 223 - Form of Petition
The petition shall be substantially in the following form:
The secretary of the Bolsa - Bay Harbor and Conservation
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District, having heretofore certified to the Board of
Commissioners of the District that at least 50 percent of the
assessable area within the District is devoted to and developed
for residential, industrial, or non-agricultural commercial use,
or any combination thereof, the undersigned voters who reside
within the boundaries of Bolsa Bay Harbor and Conservation
District hereby petition the Board of Commissioners thereof to
hold all elections on the basis of resident voter district,
rather than a landowner voter district.
Date Signature Address
Section 224 - Authorized Petitioners
Each petition shall be signed and dated by resident voters
of the district and shall show their residence address.
Section 225 - Circulator Requirements
Each page of the petition which contains the signature of
one or more registered voters shall show thereon the affidavit of
the circulator in the following form:
The undersigned circulator of the above petition hereby
declares under penalty of perjury that the circulator of this
petition was over the age of 18 years, and that the signatures
hereon are the signature of the person named and were signed in
the presence of the circulator.
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Section 226 - Time to Obtain Signatures
All signatures on the petition shall be obtained within the
six-month period immediately preceding the filing thereof.
Section 227 - Filing of Petition
The petition shall be filed with the secretary of the
district at least six months prior to the date of the next
general district election. Attached to the petition shall be the
name and address of at least one, but no more than three, persons
to be notified of the results of the examination of the petition.
Section 228 - Verification of Petition
Within 30 days of receipt by the secretary, the petition
shall be transmitted to the Registrar of Voters and verified as
follows:
(a) The Registrar of Voters shall examine the signatures
and from the records of registration ascertain whether
or not the petition is signed by the requisite number
of registered voters.
(b) The Registrar of Voters shall attach to the petition a
certificate showing the total number of valid
signatures thereon, the total number of registered
voters within the district as of the date of filing the
petition, and a determination as to the sufficiency of
the petition.
Section 229 - Supplemental Petition
If the number of signatures is not sufficient, a
supplemental petition, bearing additional signatures, may be
filed with the secretary of the district within 10 days from the
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date on which the Registrar of Voters certified the results of
the original petition. The supplemental petition shall be
verified in the same manner as the original petition. If the
signatures on the petition are still insufficient, no action
shall be taken thereon. The petition shall remain on file as a
public record and failure to secure sufficient signatures shall
not prejudice the later filing of an entirely new petition.
Section 230 - Secretary's Certificate
If the petition contains at least 25 valid signatures and if
the total number of valid signatures on the petition constitutes
25 percent or more of the registered voters within the district
as of the date of filing the petition, the secretary shall
prepare a certificate to that effect. A copy of the certificate
shall be forwarded by certified mail to each person designated to
be notified of the results of the examination of the petition.
Section 231. - Resolution Changing to Resident Voting
At its next regular meeting following the preparation of the
secretary's certificate, the Board of commissioners shall adopt a
resolution declaring that all future elections in the district
shall be conducted as a resident voter district rather than a
landowner voter election.
Section 232 - Filing Resolution With County
The Secretary of the District shall file with the county
clerk a certified copy of such resolution. The Secretary shall
cause a copy of the resolution to be published once a week for
three successive weeks in a newspaper of general circulation
within the District.
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Section 233 - Subsequent Elections
After adoption of the resolution by the Board of
Commissioners all elections within the district for elective
offices, bonds, or other purposes shall be conducted under laws
relating to resident voter districts and all provisions of this
article shall prevail over any contrary provisions in this Act
relating to landowner voter procedures.
Section 234 Commissioners Must Be Residents and Registered
Voters
All Commissioners thereafter elected shall be residents and
qualified voters of the District at the time of their election
and during their term of office. Such Commissioners need not be
landowners.
Section 235 - Election Procedures for New Commissioners
At the first election of Commissioners following the
adoption of the resolution by the Board establishing a resident
voter district, the number of Commissioners to be elected shall
correspond with the number of Commissioners whose terms expire.
The Commissioners whose terms have not expired shall serve their
unexpired terms under the qualifications to hold office that
existed prior to the adoption of the resolution establishing a
resident voting district.
Section 236 - No Prior acts Invalidated
The adoption of a resolution changing the method of voting
shall in no way invalidate any prior acts of the district, its
Commissioners, officers, or employees.
Section 237 - No Obligations Invalidated
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Any bonds, promissory notes, contracts or other obligations
of the District, authorized or issued in any manner provided by
law, and any proceedings taken by the district in connection
therewith, prior to the adoption of the resolution changing the
method of voting, shall not be affected by such resolution and
the obligations shall continue to be legally authorized or issued
obligations.
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CHAPTER 2 .
Article 5 - Establishing Divisions
Section 240 - Resolution Requiring Divisions
The District may be divided into as many divisions as there
are Commissioners of the District. The establishment of the
divisions and the boundaries thereof shall be made by the board
of supervisors, who shall make such division, if requested, by a
resolution passed by a majority of the Board of Commissioners or
upon a petition signed by a majority of eligible voters within
the boundaries of the district. Said resolution or petition
shall be filed with the board of supervisors at least 120 days
before the next general district election.
Section 241 - Board of Supervisors Hearing
Before taking action on the petition or the resolution
requesting the establishment of divisions with the board of
supervisors, the board of supervisors shall hold a hearing and
shall hear any evidence produced to establish the validity of the
petition or resolution and such further evidence as may be
necessary as to divide the district into divisions.
Section 242 - Order Establishing Divisions
Within 10 days after said hearing, the board, if it
determines that the resolution or petition is valid, shall
forthwith order the establishment of divisions in the district as
nearly equal in area as may be practicable and shall file a copy
of said order with the Board of Commissioners of the District.
Section 243 - Election of Commissioners by Division
After the entry of the order establishing divisions within
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the District, only one qualified Commissioner shall be elected
from each of the divisions so established.
Section 244 - Creation of Division Not Affect Existing Term
The entry of the order dividing the district into divisions
shall not affect the term of any Commissioner until his term
expires.
Section 245 - Designation of Divisions
At least 88 days prior to the next general district
election, the board shall designate the divisions from which
Commissioners shall be elected. The number designated shall
equal the number of Commissioners to be elected at that election.
At the next succeeding general district election, the
Commissioners shall be elected from the remaining divisions.
Section 246 - Relocation of Division Boundaries
At such time as the District is established as a resident
voter district and whenever thereafter sufficient change in the
population occurs in the District which, in the discretion of the
Board, makes it necessary to relocate the boundary or boundaries
of any division or divisions, the Board shall, by resolution,
relocate the boundary lines of the division or divisions so as to
equalize, as nearly as may be practicable, the population in the
respective divisions, except that no change in division
boundaries shall be made within four months immediately preceding
the election. of any Commissioner nor shall such a change work a
forfeiture of the office of any Commissioner. The relocation of
boundary lines of divisions may be made without regard to the
places of residence of the Commissioners then in office.
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CHAPTER 2 .
Article 6 - Officers and Employees
Section 250 - Officers of the Board
The officers of the Board of Commissioners shall include a
president, secretary and treasurer, and may include a vice-
president.
Section 251. - Consolidation
The Board of Commissioners may consolidate the offices of
secretary and treasurer.
Section 252 - Duties
The duties of the officers of the Board of Commissioners and
any standing committee thereof, shall be described in the
administrative code of the district.
Section 253 - Officers of the District
The officers of the District shall include:
(a) Chief executive officer;
(b) Finance officer;
(c) An attorney; and
(d) A chief engineer.
Section 254 - Officers Serve at Pleasure of Board
The officers of the district shall be appointed by the board
of commissioners and serve at its pleasure when such positions
are required to be filled.
Section 255 - Confirmation of Other Officers and Employees
All other officers and employees shall be appointed by the
chief executive officer in a manner prescribed by the
Administrative Code of the District.
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Section 256 - Management
The Board of Commissioners, except as otherwise specifically
provided, shall manage and conduct the business and affairs of
the District and may delegate its powers to any officer or
employee of the district.
Section 257 - Officers' Duties
The duties, responsibilities and authority of the officers
of the district shall be generally described in the
administrative code of the district and shall be exercised
according to the policies and standards established by the Board
of Commissioners.
Section 258 - Meetings
All meetings of the Board of Commissioners shall be held and
conducted pursuant to Chapter 9 (commencing with {54950) ,
Division 2 of Title 5, of the Government Code. The Commission
may meet as frequently as is necessary to satisfactorily conduct
the business of the District, but shall meet no less than six (6)
times in any one calendar year.
Section 259 - Compensation
Compensation for Commissioners shall be fixed in the
Administrative Code in an amount not to exceed one hundred
dollars ($100. 00) per .day for each day's attendance at meetings
of the Commission or for each day's service rendered as a
Commissioner by request of the Commission, not exceeding a total
of six days in any calendar month, together with the
reimbursement of any expenses incurred in the performance of
duties required or authorized by the .Commission.
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CHAPTER 3 . GENERAL POWERS
Article 1 - General
Section 300 - Necessary and Proper
The District has the power generally to perform all acts
necessary or proper to carry out fully the provisions of this
Act.
Section 301 - Seal
The Commission may adopt a seal for the District and alter
it at pleasure.
Section 302 - Property
The District may take by grant, purchase, gift, devise,
lease or otherwise acquire, hold and enjoy and lease and dispose
of, real and personal property of every kind within or outside of
the District, necessary to the full or convenient exercise of its
powers.
Section 303 - Eminent Domain
The District may exercise the power of eminent domain to
acquire or improve any property necessary or convenient to the
purposes specified in this Act.
Section 304 - Finances
The District may issue bonds, borrow money and incur
indebtedness as authorized by the provisions of this Act or other
applicable law. The District may also refund any indebtedness as
provided in this Act or any other applicable law, and may also
refund any indebtedness by the issuance of the same type of
obligations as those refunded and following the same procedures
as at that time may be applicable to the issuance of such
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obligations, and may retire any indebtedness or lien that may
exist against the district or its property.
Section 305 - Contracts for the Performance of services
As to any service which the District is authorized to
perform pursuant to the provisions of this Act, the District may
contract for the performance of such service by the county, a
city, another district or any agency of the State or of the
United States.
Section 306 - Entry on bands
In order to carry out the provisions of this Act, the
District or its authorized representatives has the right of
access to, and may to the extent permitted by the laws and
Constitution of the State of California, enter upon land within
the District, with or without permission of the owner or owners
of the land. The entry of the District or its authorized
representatives does not constitute, and does not give rise to,
any cause of action in favor of the owners of the land, except
for injuries resulting from negligence, wantonness or malice.
Section 307 - Execution of Contracts
The District may execute, by its president and Secretary,
all contracts and other documents necessary to carry out the
provisions of this Act.
Section 308 - Legal Actions
The District may commence and maintain any actions and
proceedings to carry out its purpose or protect its interests and
may defend any action or proceeding brought against it.
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Section 309 - Public Information
The District may disseminate information to the public
concerning the rights, properties, policies and activities of the
District.
Section 310 - Administrative Code
The Commission shall adopt an administrative code for the
District, which Code shall include, but not necessarily be
limited to, the following:
(a) The organization of the Board of Commissioners and the
duties of its officers and committees;
(b) The duties of and the extent and scope of delegation of
authority to the chief executive officer of the
District;
(c) The rules and regulations governing employee standards,
wages, benefits and general duties;
(d) The rules and regulations governing the use of District
property and establishing the conditions under which
the District will engage in and maintain its services;
and
(e) The manner in which the Commission shall meet,
legislate and, generally, conduct the business of the
District.
Section 311 - Rules and Regulations
The Commission may establish by ordinance rules and
regulations to be incorporated into the administrative code of
the District, and may provide therein the conditions and
circumstances under which the District shall furnish services or
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.0
facilities to persons or lands within or outside of the District
or to carry out any other provisions of this Act, including
provisions for collections of fees, charges, assessments, taxes
and the method of enforcement, collection and penalties for non-
compliance.
Section 312 - Violation of Rules and Regulations
Rules and regulations may provide that the facilities or
other services authorized by this Act shall not be furnished to:
(1) persons who violate the rules and regulations or against whom
there are delinquent water, sewer, stand-by, facility or other
charges, or penalties or interest on any such charges, or (2)
land against which there is a delinquent assessment.
Section 313 - Notice and Public Hearing
At least 30 days prior to establishing rules and
regulations, the Commission will adopt a resolution of intention,
set a date and give notice of a public hearing on the proposed
ordinance establishing rules and regulations. The resolution and
the notice shall generally describe the scope and nature of the
rules and regulations and indicate the penalty for violation
thereof. Notice shall be provided pursuant to Section 6061 of
the Government Code.
Section 314 - Violation A Misdemeanor
After rules and regulations have been established and are in
effect for 60 days or more, any violation thereof shall
constitute a misdemeanor and a violator shall, upon conviction
thereof, may be subject to a fine not to exceed that specified in
the rules and regulation which have been violated.
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Section 315 a Contract With Federal Government
The District may enter into agreements with the Government
of the United States for purposes of accepting Federal funds to
construct any improvements and facilities as described in Section
1119 of the Water Resources Development Act of 1986 and for the
repayment of those funds on certain conditions as provided in
Section 916 (g) of said Act.
Section 316 - Joint Exercise of Powers
The District may join with the United States or any
department or agency thereof, the state or any department or
agency thereof, the county, a city, a district or other public or
private corporation, or one or more or any other combination of
the foregoing, for the purpose of carrying out any of the powers
of the district, including, without limitation, provisions for
the financing of acquisitions, construction, developments and
operations.
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CHAPTER 3.
Article 2 - Extended Community Services
Section 330 - Statement of Understanding
Consistent with an existing understanding with the County of
Orange and the State of California, the District shall administer
and raise funds to provide facilities and services as specified
in Section 141 (g) of this Act, to the extent only that other
governmental agencies having jurisdiction to provide said
administration, funding of facilities and/or services, refuse,
fail or chose not to provide such within the territory of the
District.
Section 331 - Community Services District Act
In the event the Board of Commissioners makes findings
that other agencies, having jurisdiction, fail or refuse or are
unable to provide facilities or services pursuant to Section
141 (g) and that such services are needed, the Board may, by
resolution, determine that the District shall exercise all or any
portion of the powers authorized to be exercised by a community
services district pursuant to Division 3 (commencing with Section
61000) of Title 6 of the Government Code.
Findings made by the Board of Commissioners, pursuant to
this Section, shall include, but may not necessarily be limited
to, the following:
(a) That one or more of the community services described in
Section 141 (g) of this Act are needed;
(b) That there are sufficient funds available or that could
be made available by the exercise of authority granted
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pursuant to Chapter 7 of this Act to defray the costs
of said services;
(c) That the Board of Commissioners has made a reasonable
effort to obtain, on behalf of the residents and
property owners within the District, the provision of
said services by another state or local agency; and
(d) That the efforts made to obtain said services from
another public agency have failed and specifying the
reasons therefore.
Section 332 ® Rights, Powers and Duties
With respect to the exercise of the powers of a community
services district, the Board of Commissioners of the District
shall have the same rights, powers, duties and responsibilities
as the Board of Directors of a community services district.
Section 333 - Local Agency Formation Commission Approval
Prior to the exercise of any of the powers of a community
services district, the District shall request the approval of the
Local Agency Formation Commission to exercise such powers. In
the event the Local Agency Formation Commission approves the
request, it may condition that approval limiting the nature and
scope of the powers to be exercised and may make its approval
subject to any of applicable terms and conditions authorized by
Section 56844 of the Government Code.
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CHAPTER 4 . WETLANDS CONSERVATION
Article 1 - State Joint Exercise of Powers with District
Section 400 - Legislative Intent
Wetlands and environmentally sensitive habitat areas should,
to the fullest extent possible, be protected and preserved. In
order to carry out that policy, the State Lands Commission and
the State Department of Fish and Game establish and carry out
programs to be implemented in such areas. IL is the intent of
the Legislature, through the provisions of this Chapter, to
provide the ability of the State Lands Commission and the
Department of Fish and Game to implement those programs and
discharge those obligations through the District by the joint
exercise of powers.
Section 401 - Establishment of a State Joint Powers Authority
The Bolsa Chica Wetlands Conservation Authority
("Conservation Authority" herein) is hereby created and shall be
organized and shall exercise such powers authorized pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1
of the Government Code. The authority shall be governed by a
Board of Directors appointed by the Secretary of the Resources
Agency to represent the interests of the State Lands Commission
and Department of Fish and Game and by the Board of Commissioners
of the District to represent the interests of the District. The
Board of Directors shall consist of no less than five (5) members
with three (3) members appointed by the Secretary and two 2)
members appointed by the District. -
Section 402 - Ouorum Requirements
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A quorum of no less than three (3) members shall be required
for the Board of Directors to meet and conduct the business of
the Authority, except that a quorum shall be deemed to exist only
if no less than two members appointed by the Secretary and one
member appointed by the District are in attendance.
Section 403 - Powers and Duties of the Authority
The Authority may annually provide for implementing action
plans by establishing programs and identifying and obtaining
funding from local and other sources to administer in perpetuity
the Wetlands Restoration Program.
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CHAPTER 4.
Article 2 - Abatement of Solid Wastes
Section 420 - Abatement, Collection and Disposal
For the purposes of this Chapter, the District may acquire
or lease equipment, construct appurtenances, hire personnel, or
enter into contracts with private persons or other governmental
agencies to abate, collect and dispose of solid wastes, the
presence of which threatens or potentially threatens the public
health, wildlife, or the wildlife habitats within the District.
Section 421 -Supplemental Provisions
The provisions of this Article are to be considered
supplemental to State law and local ordinance governing the
control and abatement of solid wastes by public health agencies.
Any programs or activities undertaken by the District or any
rules and regulations adopted pursuant to Section 311. The
purposes of this Article shall be consistent with the policies,
programs or rules and regulations of any state or local agency
having primary responsibility for the control or abatement of
solid waste within or immediately adjacent to the District.
Section 422 - Definition
For the purposes of this Article, "Solid Wastes" means all
putrescible and non-putrescible solid, semi-solid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial
appliances, manure, vegetable or animal solids, and semi-solid
wastes, and other discarded solid and send-solid wastes.
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CHAPTER 4.
Article 3 - Flood Control
Section 425 - Purpose
The purpose of this Article is to provide for coordination
with other governmental agencies having jurisdiction to control
flood and storm waters, or run-off from irrigation, commercial
and residential sources, from either within or outside of the
District, that present a threat, potential threat or that would
adversely affect wildlife, wildlife habitat, or ecological
balance of the wetlands, or the harbors, waterways or public
roads within the District. To the extent that such other
agencies do not have specific jurisdiction or programs to control
or manage such flood, storm cr run-off waters, the District shall
have the authority to control and manage such waters.
Section 426 Cooperation with Orange County Flood Control
District
In carrying out the provisions of this Article, the District
shall cooperate with and comply with the ordinances, policies or
rules and regulations of the Orange County Flood Control
District.
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CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS
Section 500 - Navigable Ocean Entrance and Harbor Facilities
The Bolsa Chica Land Use Plan includes a navigable ocean
entrance and related harbor facilities within the District's
jurisdiction. It is anticipated that these facilities or
portions thereof will be constructed under a program designed in
accordance with the provisions and policies of the Water
Resources Development Act of 1986. In the event such facilities
are constructed, the District may enter into agreements or
contracts to operate, maintain, construct or develop all or any
portion of these facilities with any federal, State, County,
city, district agency or any combination of the foregoing, having
jurisdiction over or authority to manage said ocean entrance
harbor facilities.
Section 501 - Powers
The District may acquire, construct, reconstruct, improve,
repair, develop, maintain . and operate, a harbor and all
facilities appurtenant thereto, connected therewith or incidental
thereto, including without limiting the generality of the
foregoing, the following:
(a) The acquisition, reconstruction, repair and maintenance
of vehicle parking areas, landscaping, appurtenant
utilities, bulkheads, seawalls, wharves, docks, ways,
ferry slips, warehouses, streets, roads, drives,
parkways, avenues, approaches, marinas, aquatic
playgrounds, beach parks, bathing beaches and other
recreation facilities, together with structures and
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r
facilities incidental thereto.
(b) The acquisition, construction, reconstruction, repair,
maintenance, operation, development and regulation of
fueling, loading and unloading, towing, repair,
warehousing, shipping and reshipping, and other
facilities, aids, equipment or property necessary for
or incidental to the development and operation of the
harbor.
(c) The acquisition, construction, reconstruction, repair,
maintenance and operation of fire protection apparatus,
sanitary, and other facilities necessary for the proper
protection of the harbor.
Section 502 ® Consent of Other Public Agencies
Any County, city and county, city, or other political
subdivision or agency of the State, in this Section referred to
as "public agency" , which has been invested by grant from the
State with the ownership, possession, control or management of
tidelands and submerged lands or any other lands lying under,
washed by or abutting the Pacific Ocean, or inland waters of the
State, including the beds of navigable rivers, streams, lakes,
bays, estuaries, inlets and straits, may with the prior written
consent of the State Lands Commission, agree in writing that any
district formed pursuant to this part shall, for the term stated
in the writing, have all or any right, title and interests of any
such public agency and exercise all or any jurisdiction of any
such public agency in the lands over the lands or any portion
thereof.
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Section 503 - Lease of Property
The District may lease any property, whether real or
personal, and any interest therein to, of and from any person,
firm or public or private corporation, or public agency with the
privilege of purchasing or otherwise.
Section 504 - Establishment of Rules
Any rules and regulations established by the Commission for
the use of harbor facilities and navigable ocean entrance may
include, but not necessarily be limited to, the following:
(a) The regulation of anchoring, mooring, towing, wharfage
and dockage of vessels and the establishment and
collection of rates, fees and charges therefor.
(b) The establishment and collection of rates, fees and
charges for service from or use of any of the
facilities owned, controlled, furnished or operated by
the District.
(c) The supervision of pilots and the pilotage of all
vessels within the harbor facilities and navigable
ocean entrance and the establishment and collection of
fees and charges therefor.
(d) The regulation of the construction of wharves, docks,
buildings and improvements of all types on property
owned or controlled by the District.
(e) The issuance of licenses and permits for privileges to
be exercised in and about the harbor facilities and
navigable ocean entrance upon equal terms and the
establishment and collection of rates, fees and charges
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therefor.
Section 505 - Franchises
The District may sell and issue franchises relating to the
harbor facilities and navigable ocean entrance and its works,
appurtenances, properties and rights in accordance with such
procedure as may be prescribed by ordinance.
Section 506 - Advertising
The District may advertise its advantages and solicit
business within or without the District, within other states or
any foreign countries through such employees or agents as are
expedient.
Section 507 - County Department of Harbors, Beaches and Parks
For the purpose of carrying out fully the provisions of this
Chapter, the District may enter into agreement with the County
Department of Harbors, Beaches and Parks for the operations and
maintenance of any of the facilities acquired, constructed or
within the jurisdiction of the District pursuant to this Article.
Section 508 - Federal Funding
All or a portion of the harbor facilities and the navigable
ocean entrance may be constructed by funds provided by the
Federal government pursuant to the Water Resources Development
Act of 1986.
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CHAPTER 6. WATER & SEWER FACILITIES
Article 1 - Water Operations
Section 600 - Powers
The District may acquire, control, distribute, spread, sink,
treat, purify, reclaim, recapture, and salvage any water,
including sewage and storm waters, for the beneficial use or uses
of the District, its inhabitants, or the owners of rights to
water in the District.
Section 601 - Water Storage
The District may store water for the benefit of the
District, store water for future use, .and if appropriate, acquire
and conserve water and water rights for any useful purpose.
Section 602 - Water Use
The District may operate water rights, works or property
useful or necessary to convey, supply, store or make use of water
for any purpose authorized by this Act.
Section 603 - Water Sales
The District may sell water under its control, without
preference, to other public corporations, agencies or persons
within the District, for use within the District. As used in
this Article, the term "waterB1 means potable water and non-
potable water.
Section 604 - Water Works
The District may acquire, plan, construct, maintain,
improve, operate and keep in repair the necessary works for the
production, storage, transmission and distribution of water for
irrigation, domestic, industrial and. municipal purposes.
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Section 605 - Conservation
The District may undertake a water conservation program,
including the development and distribution of informational
material, to reduce water use and may require, as a condition of
a new service, that reasonable water saving devices and water
reclamation devices be installed to reduce water use.
Section 606 - Water Delivery
The District may supply and deliver water to property not
subject to general ad valorem taxes or district assessments or
charges at special rates, terms and conditions, as are determined
by the Commission for such service.
Section 607 - Restrictions on Use
The District may restrict the use of District water during
an emergency caused by drought, or other threatened or existing
water shortage, and may prohibit the wasting of District water or
the use of District water during such periods for any purpose
other than household uses or such other restricted uses as the
District determines to be necessary. The District may also
prohibit use of District water during such periods for specific
uses which the Commission finds to be non-essential.
Section 608 - Shortage and Emergency
A finding by the Commission upon the existence, threat, or
duration of an emergency or shortage, or upon the matter of
necessity or of any other matter or condition referred to in
Section 607 , shall be made by resolution or ordinance. The
finding is prima facie evidence of the fact or matter so found,
and such fact or matter shall be presumed to continue unchanged
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1
unless and until a contrary finding is made by the Commission by
resolution or ordinance.
Section 609 - Findings® Evidence
A finding made by the Commission pursuant to Section 608
shall be received in evidence in any civil or criminal proceeding
in which it may be offered, and shall be proof and evidence of
the fact or matter found until rebutted or overcome by other
sufficient evidence received in such proceeding. A copy of any
resolution or ordinance setting forth such finding shall, when
certified by the Secretary of the District, be evidence that the
finding was made by the Commission as shown by the resolution or
ordinance and certification.
Section 610 - Misdemeanor
From and after the publication or posting of any ordinance
pursuant to this Article, and until the ordinance has been
repealed or the emergency or threatened emergency has ceased, it
shall be a misdemeanor for any person to use or apply water
received from the District contrary to or in violation of any
restriction or prohibition specified in the ordinance. Upon
conviction thereof, such person may be punished by imprisonment
in the county jail for not more than 30 days, or by fine not
exceeding six hundred dollars ($600. 00) , or by both.
Section 611 - Rates Different Class
Any water rate fixed pursuant to Section 761, and in
accordance with the terms and conditions of annexation to the
District or to any zone or improvement district within the
District, shall be deemed to be the rate for a different class or
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condition of service.
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CHAPTER 6.
Article 2 - Sewage Treatment and Reclamation
Section 620 - Powers
The District may acquire, construct, operate and furnish
facilities and services for the collection, transportation,
treatment and disposal or reclamation and reuse of sewage, waste
and storm waters.
Section 621 - Contract to Serve Inside and Outside District
The District may contract with any other person for the use
of facilities to collect, transport and treat wastewater or to
provide such services inside or outside of the District, except
that before the District may provide such services within the
boundaries of another public agency which has the same or similar
powers, it shall secure the consent of the governing body of such
other agency.
Section 622 - Cesspools and Septic Tanks
Upon providing a sewer collection system in any area of the
District, the Commission may declare the further maintenance or
use of cesspools, septic tanks or other local means of sewage
disposal in such area to be a public nuisance and may require all
buildings used by human beings to be connected with the sewer
system within such period as may be prescribed by the Commission,
provided that such buildings are within 150 feet of the system.
Section 623 - Improvement Districts
The District may exercise the powers authorized by this
Article within any specified area of the District, providing,
however, that any such area be organized into a designated
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improvement district established pursuant to any of the
provisions of this Act or annexed to an existing improvement
district.
Section 624 - Installation of Works, Roads, Streets and Rights-
of-Way
The District may construct its sewers and drains in public
streets or roads and in its rights-of-way and for this purpose
enter upon it and make all necessary and proper excavations,
restoring it to proper condition. The work of restoring and
repairing any public street in the County shall be done under the
supervision of the County Department of Public Works at the cost
to the District and in accordance with the standards established
by the Board of Supervisors for entering upon County maintained
roads for this purpose.
Section 625 - Inspection
Within the territory of any improvement district established
to carry out the powers of this Article, the District may enter
upon private property for the purpose of inspection and
maintenance of sanitary and waste disposal facilities and may
terminate service to property in which a violation of any rule or
regulation is found to exist. Prior to the termination of
service, however, the District shall notify, the owner and tenant,
if any, of such property that service is intended to be
terminated. Such notice shall be delivered to the property owner
by certified mail at least 15 days prior to the date of
termination of service and be posted conspicuously on the
property or hand-delivered to the tenant.
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Section 626 - Sale of Water Effluent and By-Products
The District may sell or dispose of any water treated
effluent, fertilizer or other by-product within its boundaries
resulting from the operations of its sewage systems, treatment
plants or other works, by sale and reuse for irrigation purposes
or by discharge upon land in a manner consistent with the
requirements and regulations of the Regional Water Quality
Control Board and the County and State health departments.
Section 627 - Rates and Charges
The District may establish rates and charges for the reuse
of reclaimed water, providing that the amounts of such rates or
charges do not exceed the actual cost of collecting, transporting
and treating such water. The amount charged, however, may be
less than such cost if the Commission finds that the reuse of
reclaimed water will result in the conservation, protection or
replenishment of groundwater, surface or imported water supplies.
Section 628 - Assessments for System
The District may require any resident or property owner who
desires to have any structure connected to a district-owned or
operated sewer system to pay a proportionate share of the cost of
such system in the event the property upon which the structure is
located had not been assessed for its share of the cost cf the
acquisition, construction or installation of the sewer systen, or
the landowner had failed to pay the assessment.
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CHAPTER 7 . FINANCIAL PROVISIONS
Article 1 - Annual Budget
Section 700 - Designation of Funds
The Commission shall annually provide for the appropriation
of monies for the use of the following funds:
(a) A general fund which shall consist of money received by
the District and not specifically appropriated to any
other fund and may be allocated for the operations and
maintenance of District facilities or services not
specifically supported by any other fund.
(b) A wetlands conservation fund which shall consist of
money received from revenues specifically allocated for
the purposes of Chapter 4 of this Act.
(c) A federal cost share fund which shall consist of money
received from revenues specifically allocated for the
purposes of Chapter 5 of this Act.
(d) A bond redemption fund which shall consist of money
received from revenues specifically allocated for the
payment of interest and principal on any outstanding
bonds of the District.
Section 701 - Preliminary Budget
On or before June 15 of each year, the Commission shall
adopt a preliminary budget which shall conform to the accounting
procedures for special districts and the budgeting procedures for
special districts (commencing with Section 1031. 1 and Section
1121, respectively) , of the California Administrative Code.
section 702 - Appropriations
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The preliminary budget shall provide appropriations from the
general fund, the wetlands conservation fund, the annual
Conservation Authority conservation plan, the federal cost share
fund and the redemption of any long or short-term debts of the
District.
Section. 703 - Final Budget
By September 15th of each year, the Commission shall adopt
the final budget. Copies of the final budget shall be forwarded
to the Conservation Authority and Department of Fish and Game.
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CHAPTER 7 .
Article 2 - Administration of Funds
Section 710 - Transfers from General Fund, Restriction on
Transfer from Special Funds
The Commission may establish and transfer money from the
general fund to any other funds it deems necessary to carry out
the provisions of this Act and allocate revenues to such funds in
lieu of allocating them to the general fund. No revenues
specifically allocated to the funds described in Subsections (b) ,
(c) or (d) of Section 700 may be transferred or allocated to any
other fund.
Section 711 - Surplus Money
The Commission may, pursuant to Section. 53653 of the
Government Code, invest surplus money available from any fund and
may pool money from two or more funds for investment purposes.
Section. 712 - Pooling
In the event the Commission pools and invests money from
separate funds, a portion of the earnings received from
investment shall be allocated to each fund in proportion to the
amount contributed from each fund to the investment pool.
Section 713 - Investment Policy
The Treasurer shall , pursuant to Section 53646 of the
Government Code, annually render to the Commission a statement of
investment policy and shall provide a detailed monthly report on
all investments, including the types of investments, the rate of
earnings of each, and the distribution of investment earnings.
Section 714 - Deposit and Safekeeping
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All money in custody of the District not otherwise invested
shall be deposited for safekeeping pursuant to Section 53635 of
the Government Code.
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CHAPTER 7 .
Article 3 - Taxes
Section 720 - Exchange of Property Taxes
No sooner than 36 months after the effective date of this
Act, the Commission may adopt a resolution requesting the Board
of Supervisors to negotiate on the District's behalf for an
exchange of property taxes with other local agencies in the area
of the District. The resolution shall describe the nature and
extent of the new service or services which the District provides
or intends to provide. For the purposes of negotiating for an
exchange of property taxes, Section 99 . 1 of the Revenue &
Taxation Code shall apply.
Section 721 - Countv Determination
Upon receipt of the resolution adopted by the Commission,
the Board of Supervisors may (a) as soon as practical 'hereafter,
enter into negotiations with other local agencies in the area of
the District receiving an apportionment of property taxes, or (b)
may immediately thereafter notify the District that it refuses to
enter into negotiations as requested by the Commission's
resolution, for one of the following reasons:
(1) The amount of revenues derived from the annual tax
increment generated in the area do not exceed the cost
of services supported by property tax revenues
apportioned to other local agencies within the area;
(2) The type of service or services proposed to be provided
by the District and supported with property tax -
revenues are not of aeneral benefit to all of the lands
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or inhabitants of the District; or
(3) The District is authorized by the provision of this Act
to derive sufficient revenues from assessments, charges
or fees to adequately bear the cost of providing the
service or services proposed to be supported by an
apportionment of property tax revenues.
For the purposes of this Section, any special taxes levied
by the District pursuant to Sections 723 , 724 or 725 of this
Article shall not be included in the estimate of revenues
available to the District.
Section 722 - County Refusal
In the event the Board of Supervisors refuses to negotiate a
property tax exchange on behalf of the District, the Commission
may adopt a similar resolution of request each year, but no
sooner than one year after first receiving notice that the Board
of Supervisors has refused to negotiate on behalf of the
District.
Section 723 - Special Taxes
The District may levy a special tax pursuant to Article 3 . 5
(Commencing with Section 50075) of Chapter 1, of part 1, of
Division 1, of Title 5, of the Government Code.
Section 724 - Special Taxes
The District may levy a special tax pursuant to Article 16
(commencing with Section 53970) of Chapter 4 , Part 1, Division 2 ,
of Title 5, of the Government Code.
Section 725 - Special Taxes - Mello-Roos
The District may levy a special tax pursuant to the Mello-
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Roos Community Facilities Act of 1982 , Chapter 2 . 5 (commencing
with Section 53311) of Part 1, Division 2 , of Title 5 of the
Government Code.
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CHAPTER 7 .
Article 4 - Federal Repayment, Assessment
Section 730 - Federal Cost Share Determination
Prior to the adoption of the preliminary budget each year,
the chief executive officer shall prepare a report estimating the
amount of money needed for the purposes of the federal cost share
fund.
Section 731. - Assessments for Deficiencies
In the event the Commission determines that the money
available in the federal cost share fund is insufficient to meet
the amount estimated by the chief executive officer, the
Commission shall adopt a resolution of intention to levy an
assessment within the Federal repayment district established
pursuant to Section 800.
Section 732 - Amount of Assessment. Notice
The resolution of intention shall specify the amount of
money needed to be raised by assessment and establish a date,
place and time for a public hearing. Notice of the hearing shall
n be published pursuant to Section 6066 of the Government Code and
specify a place and time where the resolution and report of the
chief executive officer may be seen by interested persons. -
Section 733 - Zones
Prior to the hearing, the Commission shall determine the
need to establish a zone or zones within the Federal Repayment
District. Each zone for which an assessment shall be levied
shall be established pursuant to Article 2 of Chapter 8 of this
Act and referred to as a participating zone. The Commission
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shall determine the proportional amount of the total assessment
that shall be borne by each participating zone based upon the
benefits derived by the respective zones. It is declared that
for the purposes of any assessment levied under this Article, the
property so assessed within a given zone is equally benefitted.
Section 734 - Hearing
At the time and place fixed for the hearing, or at any time
to which the hearing may be continued, the Commission shall
consider all written or oral objections to the proposed
assessments. During the course of the hearing, the Commission
may establish new or exclude established zones from
participation, may change the boundaries of zones or may reduce
or increase the amounts to be assessed within each zone.
Section 735 - Post Hearing Procedure
At the conclusion of the hearing, the Commission may abandon
the levy of the proposed assessments or approve them as
originally proposed or as amended during the course of the
hearing.
Section 736 - Restrictions After Abandonment
If the Commission abandons the levy of the proposed
assessments, no further proceedings related to assessments for
the federal cost share fund may be undertaken for a period of not
less than 6 months, following the conclusion of the hearing.
Section 737 - Frequency of Assessments
If the Commission approves the levy of assessments, no
additional assessments related to the federal cost share fund may
be implemented for a period of not less than one year following
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the effective date of the levy of the first assessment. (new)
Section 738 - Deposits of Assessment Revenues
Revenues generated through assessments levied pursuant to
this Article 4 shall be deposited into the federal cost share
fund and shall be used for the purposes for which said fund is
established.
Section 739 - Liens
Assessments levied pursuant to this Article shall be a lien
on all the property benefited thereby. Liens for said
assessments shall be of the same force and effect as other liens
for taxes, and their collection may be enforced by the same means
provided for in the enforcement of liens for State and County
taxes.
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CHAPTER 7 .
Article 5 - Improvement and Benefit Assessments
Section 750 - Improvement Assessments
The District may levy assessments to finance capital
improvements pursuant to the Improvement District Act of 1911,
Division 7 (commencing with Section 5000) , the Improvement Bond
Act of 1915, Division 10 (commencing with Section 8500) and the
Municipal Improvement Act of 1913 , Division 12 (commencing with
Section 10000) of the Streets and Highways Code.
Section 751 - Benefit Assessments
The District may levy benefit assessment pursuant to the
Benefit Assessment Act of 1982 , Chapter 6. 1 (commencing with
Section 54700) , of Part 1, Division 2 , of Title 5 of the
Government Code.
Section 752 - Collection by County
All County officers charged with the duty of collecting
taxes shall collect, upon request of the Board of Commissioners,
District assessments levied pursuant to this Chapter with the
general County taxes with the same penalties and interest, and
when collected, shall be paid to the District.
Section 753 - Liens
Assessments levied pursuant to this Article 4 shall be a
lien on all of the property benefitted thereby. Liens for said
assessments shall be of the same force and effect as other liens
for taxes, and their collection may be enforced by the same means
as provided for in the enforcement of liens for State and County
taxes.
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CHAPTER 7 .
Article 6 - Rates, Charges and Fees
Section 760 - Stand-by Charges
The District may, in lieu, in whole, or in part, of raising
money for District purposes by assessment, make water available
to the holders of title of land or the occupants thereon, and may
fix and collect charges therefor. The charges may include stand-
by charges to landowners to which water may be made available,
whether the water is actually used or not. The charges may vary
in different months and different localities of the District to
correspond to the cost and value of the service, and the district
may use so much of the proceeds of the charges as may be needed
to defray the ordinary operation or maintenance expenses of the
District and for any other lawful District purpose.
Section 761 - Water Rates
The Commission may prescribe, revise and collect, the rates
at which water shall be sold. Different rates may be established
for different classes or conditions of service, but rates shall
be uniform throughout the District for like classes or conditions
of service.
Section 762 - Sewer Charges
The Commission may prescribe, revise and collect., charges
for the collection, treatment and disposal of sewage. The
Commission may provide that such charges may be collected with
the water rates of the District and that all rates and charges
may be billed upon the same bill and collected as one item, and
that in the event of failure to pay the whole or any part
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thereof, the District may discontinue any and all service for
which such bill is rendered, but this provision shall not be
construed to prohibit the collection of rates or charges by the
District in any other lawful manner.
Section 763 - Use of Water and. Sewer Revenues
The Commission, so far as practicable, shall fix rates for
water and charges for sewer services, as will result in revenues
which will:
(a) Pay the operating expenses of the District.
(b) Provide for repairs and. depreciation of works. .
(c) Provide a reasonable surplus for improvements,
enlargements, extensions and replacements.
(d) Pay the interest and principal on any bonded debt.
Section 764 - Parking Fees
The Commission may fix, regulate, collect rentals, fees or
charges for the parking of vehicles in parking areas under the
District's control, and may provide rates for different classes
of customers or users.
Section 765 - Resolution of Intention. Notice® Hearing
Prior to fixing or amending fees or charges for the parking
of vehicles, the Commission shall adopt a resolution of intention
to do so, which resolution shall establish a date, time and place
for public hearing no sooner than 30 days after adoption of the
resolution of intention.
Notice of the hearing shall be provided pursuant to Section
6061 of the Government Code at least 15 days prior to the
hearing. A place and time shall be established for any
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.f
interested person to review the proposed fees or charges the
Commission intends to fix.
Section 766 - Deposit of Parking Fees
The proceeds of the fees and charges for the parking of
vehicles shall be placed in the District's general fund and
expended for the maintenance, operation, repair and improvement
of parking places under control of the Commission.
Section 767 - Excess Parking Fees, Wetlands Conservation Fund
At the end of each fiscal year, the Commission shall direct
the District's finance officer to determine if the proceeds of
parking fees and charges were in excess of the costs of normal
operations, maintenance, repairs. In the event the finance
officer determines an excess exists, the Commission shall
transfer the amount of the excess from the general funds to the
wetlands conservation fund to be used thereafter for the purposes
and duties of the District as provided in Chapter 4 of this Act.
Section 768 - Wharfage Charges, Slits and Anchorage Fees
The Commission may fix and alter rates of wharfage charges,
slip fees, anchorage fees and other charges for the use or right
of use of any facilities constructed, owned by or under the
control of the District, pursuant to this Act.
Section 769 - Surcharge On Wharfage, Slip and Anchorage Charges
and Fees
The Commission may establish an annual surcharge in addition
to charges and fees authorized by Section 768 , for use of
District owned facilities, whether or not such facilities are
under control of the District, a lessee or another aovernmental
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agency.
Section 770 - Revenues From Surcharges to Wetlands Conservation
or Federal Cost Share Fund
Proceeds from surcharges collected pursuant to Section 769
shall be deposited in the wetlands conservation fund or the
federal cost share fund for uses for which such funds are
established by this Act. The commission shall determine annually
the disposition of the proceeds of surcharges prior to the
adoption of the annual budget.
Section 771 - Schedule of Charges and Fees
The Commission may establish a schedule of charges or fees,
pursuant to and for any purpose permitted by Chapter 13
(commencing with Section 54990) , Division 22 , Title 5, of the
Government Code.
Section 772 - Time for Adoption of Schedule
The schedule for charges and fees shall be adopted or
amended annually prior to the adoption of the annual budget and
shall be subject to consideration at the time of the hearing set
for the consideration of the annual budget.
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CHAPTER 7 .
Article 7 - Transient Occupancy Taxes
Section 775 - Definitions
The following terms as used in this article shall , unless
the context clearly indicates otherwise, have the respective
meanings herein set forth:
(a) Person shall mean any individual, firm, partnership,
association, corporation, or any other group acting as
a unit.
(b) Hotel shall mean any structure which is occupied or
intended for occupancy by transients for temporary
dwelling purposes, and includes any inn, tourist home
or house, motel, roominghouse, apartment house,
dormitory, public or private club, mobile home or house
trailer at a fixed location.
(c) Occupancy shall mean the use or possession, or the
right to "the use or possession, of any room or rooms,
or portion thereof, in any hotel for dwelling, lodging
or sleeping purposes.
(d) Transient shall mean any person who exercises occupancy
or is entitled to occupancy by reason of concession,
permit, right of access, license or other agreement for
a period of thirty (30) consecutive calendar days or
less.
(e) Rent shall mean the consideration charged for the
occupancy of space in a hotel.
(f) Operator shall mean the person who is proprietor of the
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hotel.
(g) Tax Administrator shall mean the Secretary of the
District.
Section 776 - Tax Rate Imposed
For the privilege of occupancy in any hotel, each transient
is subject to and shall pay a tax in the amount of one-half of
one percent ( . 5%) of the rent charged by the operator. Said tax
constitutes a debt owed by the transient to the District. The
District may provide a method by which the tax is levied and paid
to the District. The tax shall apply only to lodging facilities
within the boundaries of the District which abut or are adjacent
to and are, in the discretion of the Commission, an integral part
of the marina or harbor's recreational and commercial facilities.
Section 777 - Transmittal of Tax To Wetlands Preservation Fund
All proceeds from the levy and collection of occupancy taxes
shall be deposited in the wetlands preservation fund and shall be
used thereafter for the purposes and duties of the District
pursuant to Chapter 4 of this Act.
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CHAPTER 7 .
Article 8 - Short-Term Borrowings
Section 790 - Revenue Anticipation Notes
If money is needed for the immediate requirements of the
District in any fiscal year to pay obligations lawfully incurred
and before receipt of revenues for the fiscal year is sufficient
to meet payments, money may be borrowed pursuant to Article 7
(commencing with Section 53820) , Chapter 4, Part 1, Division 2 ,
of Title 5, of the Government Code.
Section 791 - Warrants Payable Within Five Years
The District may borrow money and incur indebtedness
pursuant to the procedures and limitations of Chapter 4 . 5
(commencing with Section 36400) , Part 6, of Division 13 , of the
Water Code. The Commission shall have, with respect to incurring
indebtedness pursuant to said Chapter 4 .5, the same rights,
power, duties and responsibilities as the Board of Directors of a
California Water District.
Section 792 - Promissory Notes
The District may issue negotiable promissory notes pursuant
to Sections 71810-71812, of Chapter 2 , Part 6, of Division 20, of
the Water Code. The Commission shall have, with respect to
issuing promissory notes pursuant to said Sections 71810-71812 ,
the same rights, powers, duties and responsibilities as the Board
of Directors of a Municival Water District.
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CHAPTER. 7 .
Article 9 - Bonded Indebtedness
Section 793 - General
For the purpose of issuing bonds, the District may exercise
the authority and be subject to the provisions and limitations of
Chapter 2 (commencing with Section 35950) , Part 6 of Division 13 ,
of the Water Code. The Commission shall have, with respect to
the issuance of bonds, the same rights, powers, duties and
responsibilities as the Board of Directors of a California Water
District.
Section 794 - Limitation and General Obligation Bonds
For the purpose of issuing general obligation bonds, the
District shall be subject to the authorization, limitation and
procedures of Chapter 3 (commencing with Section 36150) , or
Chapter 3 .5 (commencing with Section 36250) , Part 6 of Division
13 , of the Water Code. The Commission shall have, with respect
to the issuance, sale, redemption and other miscellaneous
provisions pertaining to the administration of general obligation
bonds provided in said Chapter 3 or Chapter 3 .5, the same rights,
powers, duties and responsibilities of the Board of Directors of
a California Water District.
Section 795 - Revenue Bonds
For the purpose of issuing revenue bonds, the District shall
be subject to the provisions, procedures and limitations of
Chapter 4 (Commencing with Sections 36300) , Part 6 of Division
13 , of the Water Code. The Commission shall have, with respect-
to the issuance, sale and administration of revenue bonds and
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.1
other miscellaneous provisions of said Chapter 4 , the same
rights, powers, duties and responsibilities of the Board of
Directors of a California Water District.
Section 796 - Bonds, Improvement Districts
Improvement districts consisting of contiguous or non-
contiguous portions of the territory of the District may be
formed and bonds and warrants of the District may be issued for
such improvements districts pursuant to Chapter 4 . 9 (commencing
with Section 36410) , Chapter 5 (commencing with Section 36450) ,
and Chapter 6 (commencing with Section 36455) , Part 6 of Division
13 , of the Water Code. The Commission shall have, with respect
to the formation of improvement districts and the issuance of
bonds therefor, the same rights, powers, duties and
responsibilities of the Board of Directors of a California Water
District.
Section 797 - Assessments
For the purpose of the levy and collection of assessments
and other provisions of law related thereto, the District shall
be subject to the provisions, proceedings and limitations of Part
7 (commencing with Section 36550) of Division 13 , of the Water
Code. The Commission shall have, with respect to assessments,
the same rights, powers, duties and responsibilities of the Board
of Directors of a California Water District.
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CHAPTER S. FEDERAL REPAYMENT DISTRICT, ZONES OF BENEFIT, AND
IMPROVEMENT DISTRICTS
Article 1 - Federal Repayment District
Section 800 - Purposes of District
In the event the Distict shall enter into an agreement to
obtain funds to construct the navigable ocean entrance and
related facilities pursuant to Section 500, it may establish a
federal repayment district within all or a portion of the
District as agreed to by the parties to the agreement. Such
district shall consist of lands that will generate revenues from
any source, which revenues shall be allocated for deposit in the
Federal cost share fund and used for the purposes for which said
fund is established by the applicable provisions of the Act.
Section. 801 - Zones Within Federal Repayment District
The federal repayment district may consist of separate zones
of benefit established pursuant to Article 2 of this Chapter. The
types and levels of assessments or charges levied wtihin each
zone shall be, as near as is practical, related to the benefits
received within each zone. The type and level of assessment or
charge shall be uniform within each zone.
Section 802 - Limitations on Alteration_ of Zones
Zones of benefit formed for the pu roses of this Article
shall be established, altered or dissolved as provided in Article
2 of this Chapter, except that no zone established as provided
herein shall be altered or dissolved so as to impede or hinder
the District from fulfilling its obligations or responsibilities
as a party to any agreement entered into pursuant to Section 500.
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CHAPTER 8.
Article 2 - Zones of Benefit
Section 810 - Establishment
The District may establish zones of benefit to include any
portion of the territory of the District. Such zones may be
established, providing the District makes the following findings:
(a) The land or inhabitants within the zone will receive
special benefit from the services or programs provided
within the zone or that special circumstances require
the District to extend a service or a higher level of
service to the area of the zone than that which is
required in other portions of the District; or
(b) The land or inhabitants of the zone may be subject to
additional charges or assessments for the services or
programs extended to the zone or for services which are
provided at a higher level than in other areas of the
District.
Section 811 - Resolution of Intention
Upon making findings pursuant to Section 810 of this
Chapter, the District may adopt a resolution of intention to form
a zone and to set a date, time and place for hearing on said
resolution. Notice of hearing shall be provided pursuant to
Section 6066 of the Government Code.
Section 812 - Report on Proposed Zone
Prior to the adoption of a resolution of intention, the
District will direct the chief executive office to prepare a
report describing the area recommended for inclusion in the zone,
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the programs, improvements or services to be undertaken, and an
estimate of the amount of cost thereof. The report shall include
an analysis of the method or alternative methods by which funds
shall be provided for such programs, improvements or services,
and the amount to be borne by each of the inhabitants and/or
landowners within the zone.
Section 813 - Circulation of Report
Upon acceptance of the chief executive officer's report and
adoption of the resolution of intention, copies of the report
shall be made available to any resident or property owner within
the proposed zone and to any other person upon written request.
Section 814 - Hearing
No sooner than 35 days nor later than 70 days after the
adoption of the resolution of intention, the District shall hold
a hearing and consider protests to the formation of the zone.
Any time prior to the conclusion of the hearing, any resident
voter or landowners within the District may file a written
protest or withdraw a protest previously filed.
Section 815 - Protest Procedure
A protest by a resident voter shall contain his/her
signature and an address sufficient to enable the place of
residence to be ascertained. A protest by a landowner shall
contain his/her signature and a description of the land owned
sufficient to identify same. A public agency owning land within
the zone shall be deemed a landowner for the purpose of making a
written protest.
Section 816 - Validity of Signatures .
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For protests signed by a resident voter, the Secretary of
the District shall compare the names of the signers against the
list of registered voters in the office of the County Registrar
of Voters. For protests signed by landowners, the Secretary of
the District shall compare the names and property descriptions on
the protest against the property ownership records of the County
Assessor.
Section 817 - Inclusion and Exclusion of Territory
At any time prior to the conclusion of the hearing, the
District include more to or exclude territory from the proposed
zone. In the event more territory is included, the District will
continue the hearing for a period of time sufficient for
residents or owners of land within the added territory to file
protests as provided in Section 814 of this Chapter.
Section 818 - Majority Protest
A majority protest shall be deemed to exist if the District
shall find that protests filed and not withdrawn prior to the
conclusion of the second hearing represents:
(a) More than 50 percent of the voting power of the
resident voters residing within the proposed zone; or
(b) More than 50 percent of the assessed value of the land
within the proposed zone.
Section 819 - Effect of Majority Protest
In the event the District finds a majority protest exists,
the proposal to establish a zone shall be abandoned and no new
proposal to form a zone, including substantially the same
purposes, shall be considered by the. District to a period of two
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years following the date of the conclusion of the hearing. If a
majority protest shall not have been filed, the District, within
35 days of the conclusion of the hearing, shall adopt a
resolution approving or disapproving establishment of the
proposed zone.
Section 820 - Factors to Consider and Abandonment
Any proposal to include territory to or exclude territory
from a zone shall be subject to the same provisions and
proceedings as a proposal to establish a zone, except that:
(a) In addition to considering and weighing protests from
residents or property owners of the land to be included
or excluded, the district shall also consider and
weight the protests of residents and property owners
within the zone to or from which the territory is
proposed to be included or excluded; and
(b) In the event the District finds a majority protest
exists within either the territory or the affected zone
or the territory to be included or excluded, the
proposed inclusion or exclusion shall be abandoned.
The absence or existence of a majority protest shall be
determine as provided in Section 809 of this Chapter.
In the event a majority protest does not exist, the District
shall adopt a resolution approving or disapproving inclusion or
exclusion.
Section 821 - Procedures to Dissolve
Any proposal to dissolve a zone shall be subject to the same
proceedings provided for in this Article to establish a zone.
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.t
Section 822 - Initiation by Petition
A proposal to establish, dissolve, include or exclude
territory from a zone, may be initiated by a petition containing
the signatures of no less than 25 percent of the registered
voters or landowners representing no less than 25 percent of the
assessed value of the territory which would be affected by the
proposal.
Section 823 ® Sufficiency of Petition
The Secretary of the District, in determining the
sufficiency of a petition filed pursuant to Section 813 of this
Chapter, shall follow the same procedure for evaluating protests
as provided by this Chapter. Upon certification by the Secretary
that a petition is sufficient, the District shall undertake
proceedings provided for by this Chapter.
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CHAPTER 8.
Article 3 - Improvement Districts
Section 830 - General
Improvements districts may be formed in the District, as the
public interest and convenience require in the same manner for
any purpose authorized by this Act as improvement districts are
formed pursuant to Chapter 5, Part 6 of Division 13 (commencing
with Section 36450) , of the Water Code, and Chapter 6, Part 6 of
Division 13 (commencing with Section 36455) of the Water Code.
Section 831 - Rights, Powers and Duties
The Board of Commissioners of the District shall have the
same rights, powers, duties and responsibilities with respect to
the formation and government of improvements districts as the
Board of Directors of a California Water District has with
respect to improvement districts within a California Water
District.
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.r
y
TABLE OF CONTENTS DRAFT
CHAPTER 1. INTRODUCTORY PROVISIONS. . . . . . . . . . . . . . . . . . . . 2
Article 1 - Legislative Findings and Declarations. . . . . . . . . . 2
Section 1 - State Policy. . . . . . . . . . . . . . . . . . . . . 2
Section 2 - Bolsa Chica, County or Orange Land Use Plan . . . . . 2
Section 3 - Special Act District Required . . . . . . . . . . . . 2
Article 2 - Boundary Description . . . . . . . . . . . . . . . . . . 3
Article 3 - Definitions. . . . . . . . . . . . . . . . . . . . . . . 4
Section 100 - Effect of Definition. . . . . . . . . . . . . . . . 4
Section 101 - "Application of Definitions" . . . . . . . . . . . . 4
Section 102 - "Annexation" . . . . . . . . . . . . . . . . . . . . 4
Section 103 - "Board of Supervisors" . . . . . . . . . . . . . . . 4
Section 104 - "Ci.t.y" . . . . . . . . . . . . . . . . . . . . . . . 4
Section 105 - "Coastal Act" . . . . . . . . . . . . . . . . . . 4
Section 106 - "Coastal Commission" . . . . . . . . . . . . . . . . 4
Section 107 - "Commission. . . . . . . . . . . . . . . . . . . . . 4
Section 108 - "Conservancy" . . . . . . . . . . . . . . . . . . . 4
Section 109 - "Coastal Conservancy" . . . . . . . . . . . . . . . 4
Section 110 - "County" . . . . . . . . . . . . . . . . . . . . . . j
SECtion 3.11 - "Department of Fish and Game" . . . . . . . . . . . F
Section 112 - 'District". . . . . . . . . . . . . . . . . . . . .
:section 113 - "Federal Funding" . . . . . . . . . . . . . . . . . 5
Section 114 - "Habitat Conservation Plan" . . . . . . . . . . . . 5
Section 115 - "Harbor Facility" . . . . . . . . . . . . . . . . . 5
Section 116 - 'Holder of Title" . . . . . . . . . . . . . . . . . 5
Section 117 - "Improvement. District" . . . . . . . . . . . . . . . 5
Section 118 - "Land" . . . . . . . . . . . . . . . . . . . . . . . 5
Section 119 - "Land Use Plan" . . . . . . . . . . . . . . . . . . 6
Section 120 - "Landowner" . . . . . . . . . . . . . . . . . . . . 6
Section 121 - "Legal Representative" . . . . . . . . . . . . . . . 6
Section 122 - "Local Coastal Program" . . . . . . . . . . . . . . 6
Section 123 - "May or Shall" . . . . . . . . . . . . . . . . . . . 6
Section 124 - "Navigable Ocean Entrance" . . . . . . . . . . . . . 6
Section 125 - "State" . . . . . . . . . . . . . . . . . . . . . . 6
Section 126 - "United States" . . . . . . . . . . . . . . . . . . 6
Section 127 - "Visitor Serving Facilities" . . . . . . . . . . . . 6
Section 128 - "Voter" . . . . . . . . . . . . . . . . . . . . . . 6
Section 129 - "Wetlands Restoration" . . . . . . . . . . . . . . . 7
Section 130 - "Wetlands Restoration Plan" . . . . . . . . . . . . 7
v s
Article 4 - Establishment and Purposes . . . . . . . . . . . . DRAFT
Section 140 - Title . . . . . . . . . . . . . . . . . . . . . . . 8
Section 141 - Establishment of District and Purpose . . . . . . . 8
Section 142 - Limitations . . . . . . . . . . . . . . . . . . . . 8
Section 143 - Effect on Prior Agreements. . . . . . . . . . . . . 8
Section 144 - Severability Clause . . . . . . . . . . . . . . . . 8
Article 5 - General Provisions . . . . . . . . . . . . . . . . . . . 9
Section 150 - Act . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 151 - Rights, Privileges, and Immunities: Exercisable
byLegal Representative . . . . . . . . . . . . . . . . . . 9
Section 152 - Acknowledgement . . . . . . . . . . . . . . . . . . 9
Section 153 - Fees. . . . . . . . . . . . . . . . . . . . . . . . 9
Section 154 - State Treasurer's Fees. . . . . . . . . . . . . . . 9
Section 155 - Districts Subject to Uniform District Election Law. 9
Section 156 - Annexation. . . . . . . . . . . . . . . . . . . . . 9
CHAPTER 2. INTERNAL ORGANIZATION. . . . . . . . . . . . . . . . . . . . . 10
Article 1 - Election of the First Board. . . . . . . . . . . . . . . 10
Section 200 - Board of Commissioners. . . . . . . . . . . . . . . 10
Section 201 - First Board . . . . . . . . . . . . . . . . . . . . 10
Section 202 - Staggered Terms . . . . . . . . . . . . . . . . . . 1.0
Section 203 - Time of Election. . . . . . . . . . . . . . . . . . 10
Section 204 - Term of Office. . . . . . . . . . . . . . . . . . . 10
Section 205 - Annexation - Commissioners. . . . . . . . . . . . . 10
Article 2 - Conduct of Subsequent Board Elections. . . . . . . . . . 11
Section 210 - Subsequent Elections. . . . . . . . . . . . . . . . 11
Section 211 - Increasing Number of Board Members. . . . . . . . . 11
Section 212 - Repeal of Action to Increase Board. . . . . . . . . 11
Section 213 - Annexation - Commissioners. . . . . . . . . . . . . 11
Article 3 - Alternative Method to Conduct Elections. . . . . . . . . 12
Section 220 - Change to Resident Voting . . . . . . . . . . . . . 12
Section 221 - Determination of Assessable Area. . . . . . . . . . 12
Section 222 - Petition to Change. . . . . . . . . . . . . . . . . 12
Section 223 - Form of Petition. . . . . . . . . . . . . . . . . . 12
Section 224 - Authorized Petitioners. . . . . . . . . . . . . . . 12
Section 225 - Circulator Requirements . . . . . . . . . . . . . . 12
Section 226 - Time to Obtain Signatures . . . . . . . . . . . . . 13
Section 227 - Filing of Petition. . . . . . . . . . . . . . . . . 13
Section 228 - Verification of Petition. . . . . . . . . . . . . . 13
Section 229 - Supplemental Petition . . . . . . . . . . . . . . . 13
Section 230 - Clerk's Certificate . . . . . . . . . . . . . . . . 13
. n
Section 231 asolution Changing to Resident )ting. . . . .
Section 232 - Filing Resolution with County . . . . . . . . . . . 14
Section 233 - Subsequent Elections. . . . . . . . . . . . . . . . 14
Section 234 - Commissioners Must be Residents & Registered Voters 14
Section 235 - Provisions Inapplicable to Resident Voting. . . . . 14
Section 236 - Election Procedures for New Commissioners . . . . . 14
Section 237 - No Acts Invalidated . . . . . . . . . . . . . . . . 14
Section 238 - Bonds Continue in Effect. . . . . . . . . . . . . . 15
Section 239 - Amendment & Repeal of Administrative Code . . . . . 15
Section 240 - Term of Office of New Commissioners . . . . . . . . 15
Section 241 - Vacancies . . . . . . . . . . . . . . . . . . . . . 15
Section 242 - Uniform District Election Law . . . . . . . . . . . 15
Section 243 - Filing Vacancies. . . . . . . . . . . . . . . . . . 15
Section 244 - Vacancy Procedure . . . . . . . . . . . . . . . . . 15
Section 245 - Annexation - Commissioners. . . . . . . . . . . . . 15
Article 4 - Officers and Employees . . . . . . . . . . . . . . . . . 16
Section 250 - Officers of the Board . . . . . . . . . . . . . . . 16
Section 251 - Consolidation . . . . . . . . . . . . . . . . . . . 16
Section 252 - Duties. . . . . . . . . . . . . . . . . . . . . . . 16
Section 253 - Officers of the District. . . . . . . . . . . . . . 16
Section 254 - Officers Serve at Pleasure of the Board . . . . . . 16
Section 255 - Confirmation of Other Officers and Employees. . . . 16
Section 256 - Management. . . . . . . . . . . . . . . . . . . . . 16
Section 257 - Officers' Duties. . . . . . . . . . . . . . . . . . 16
Section 258 - Meetings. . . . . . . . . . . . . . . . . . . . . . 16
CHAPTER 3. GENERAL POWERS . . . . . . . . . . . . . . . . . . . . . . . . 17
Article 1 - General. . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 300 - Necessary and Proper. . . . . . . . . . . . . . . . 17
Section 301 - Seal. . . . . . . . . . . . . . . . . . . . . . . . 17
Section 302 - Property. . . . . . . . . . . . . . . . . . . . . . 17
Section 303 - Eminent Domain. . . . . . . . . . . . . . . . . . . 17
Section 304 - Finances. . . . . . . . . . . . . . . . . . . . . . 17
Section 305 - Contracts . . . . . . . . . . . . . . . . . . . . . 17
Section 306 - Entry on Lands. . . . . . . . . . . . . . . . . . . 17
Section 307 - Execution of Contracts. . . . . . . . . . . . . . . 18
Section 308 - Legal Actions. . . . . . . . . . . . . . . . . . . 18
Section 309 - Public Information . . . . . . . . . . . . . . . . 18
Section 310 - Administrative Code. . . . . . . . . . . . . . . . 18
Section 311 - Rules and Regulations. . . . . . . . . . . . . . . 18
Section 312 - Violation of Rules and Regulations . . . . . . . . 18
Section 313 - jntract with Federal Governmen. . . . . . .DRAFT
CHAPTER 4. WETLANDS CONSERVATION . . . . . . . . . . . . . . . . . . . . 20
Article 1 - Annual Conservation Plan. . . . . . . . . . . . . . . . 20
Section 400 - Annual Planning. . . . . . . . . . . . . . . . . . 20
Section 401 - Fish and Game Policies . . . . . . . . . . . . . . 20
Section 402 - Proposed Program . . . . . . . . . . . . . . . . . 20
Section 403 - Consideration of Fish & Game, the County & Other
Information. . . . . . . . . . . . . . . . . . . . . . . . 20
Section 404 - Adoption of the Annual Program . . . . . . . . . . 21
CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS . . . . . . . . . . . . . . . . 22
Section 500 - Navigable Ocean Entrance & Harbor Facilities . . . 22
Section 501 - Powers . . . . . . . . . . . . . . . . . . . . . . 22
Section 503 - Lease of Property. . . . . . . . . . . . . . . . . 23
Section 504 - Joint Exercise of Powers . . . . . . . . . . . . . 23
Section 505 - Establishment of Rules . . . . . . . . . . . . . . 23
Section 506 - Adoption and Enforcement . . . . . . . . . . . . . 23
Section 507 - Franchises . . . . . . . . . . . . . . . . . . . . 23
Section 506 - Advertising. . . . . . . . . . . . . . . . . . . . 23
Section 509 - County Dept. of Harbors, Beaches & Parks . . . . . 24
Section 510 - Federal Agreement. . . . . . . . . . . . . . . . . 24
CHAPTER 7. FINANCIAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . 25
Article 1 - Annual Budget . . . . . . . . . . . . . . . . . . . . . 25
Section 700 - Designation of Funds . . . . . . . . . . . . . . . 25
Section 701 - Preliminary Budget . . . . . . . . . . . . . . . . 25
Section 702 - Appropriations . . . . . . . . . . . . . . . . . . 25
Section 703 - Final Budget . . . . . . . . . . . . . . . . . . . 25
Article 2 - Funds . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 710 - Transfers from General Fund, Restriction on
Transfer from Special Funds. . . . . . . . . . . . . . . . 26
Section 711 - Surplus Money. . . . . . . . . . . . . . . . . . . 26
Section 712 - Pooling. . . . . . . . . . . . . . . . . . . . . . 26
Section 713 - Investment Policy. . . . . . . . . . . 26
Section 714 - Deposit and Safekeeping . . . . . . . . . . . 26
Article 3 - Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 720 - Special Taxes . . . . . . . . . . . . . . . . . 27
Section 721 - Special Taxes - Mello-Roos. . . . . . . . . . . 27
Article 4 - Federal Repayment, Assessment. . . . . . . . . . . . . . 28
Section 730 - Federal Cost Share Determination. . . . . . . . . . 28
Section 731 - Assessment for Deficiencies . . . . . . . . . . . . 28
Section 732 - Amount of Assessment, Notice. . . . . . . . . . . . 28
Section 733 ones . . . . . . . . . . . . . . . . . . . . DRAF1'
Section 734 - Hearing . . . . . . . . . . . . . . . . . . . . . . 28
Section 735 - Post Hearing Procedure. . . . . . . . . . . . . . . 28
Section 736 - Restrictions After Abandonment. . . . . . . . . . . 29
Section 737 - Frequency of Assessments. . . . . . . . . . . . . . 29
Section 738 - Deposits of Assessment Revenues . . . . . . . . . . 29
Article 5 - Assessments in General . . . . . . . . . . . . . . . . . 30
Section 750 - General Assessments . . . . . . . . . . . . . . . . 30
Section 751 - Benefit Assessments . . . . . . . . . . . . . . . . 30
Section 752 - Collection by County. . . . . . . . . . . . . . . . 30
Section 753 - Federal Cost Share Assessments, Liens . . . . . . . 30
Article 6 - Rates, Charges and Fees. . . . . . . . . . . . . . . . . 31
Section 760 - Wharfage Charges, Slip & Anchorage Fees . . . . . . 31
Section 761 - Surcharge on Wharfage, Slip & Anchorage Charges
& Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Section 762 - Revenues From Surcharges to Wetlands Conservation
or Federal Cost Share Fund. . . . . . . . . . . . . . . . . 31
Article 8 - Short-Term Borrowings. . . . . . . . . . . . . . . . . . 32
Section 790 - Revenue Anticipation Notes. . . . . . . . . . . . . 32
CHAPTER 8. FEDERAL REPAYMENT DISTRICT, ZONES OF BENEFIT, AND
IMPROVEMENT DISTRICTS. . . . . . . . . . . . . . . . . . . . . . . . 33
Article 1 - Federal Repayment District . . . . . . . . . . . . . . . 33
Section 800 - Purposes of District. . . . . . . . . . . . . . . . 33
Section 801 - Zones Within Federal Repayment District . . . . . . 33
Section 802 - Limitations on Alteration of Zones. . . . . . . . . 3.3
Article 2 - Zones of Benefit . . . . . . . . . . . . . . . . . . . . 34
Section 810 - Establishment . . . . . . . . . . . . . . . . . . . 34
Section 811 - Resolution of Intention . . . . . . . . . . . . . . 34
Section 812 - Report on Proposed Zone . . . . . . . . . . . . . . 34
Section 813 - Circulation of Report . . . . . . . . . . . . . . . 34
Section 814 - Hearing . . . . . . . . . . . . . . . . . . . . . . 34
Section 815 - Protest Procedure . . . . . . . . . . . . . . . . . 35
Section 816 - Validity of Signatures. . . . . . . . . . . . . . . 35
Section 817 - Inclusion and Exclusion of Territory. . . . . . . . 35
Section 818 - Majority Protest. . . . . . . . . . . . . . . . . . 35
Section 819 - Effect of Majority Protest. . . . . . . . . . . . . 35
Section 820 - Factors to Consider and Abandonment . . . . . . . . 35
Section 821 - Procedures to Dissolve. . . . . . . . . . . . . . . 36
Section 822 - Initiation by Petition. . . . . . . . . . . . . . . 36
Section 823 - Sufficiency of Petition . . . . . . . . . . . . . . 36
DRAFT
PREFACE
In 1976, the State adopted the Coastal Act to establish a policy to encourage State
and local cooperation in preparing procedures to implement coordinated planning and
development for mutually beneficial uses, including educational uses, in the coastal
zone.I It is also the policy of the State to develop the harbors of this State for multiple
purpose uses for the benefit of the people.2
The Bolsa Chica project consists of 1,623 acres, 915 of which will be preserved,
restored and maintained as wetlands and 86.8 acres as environmentally sensitive habitat
areas. Approximately 650 acres is available for residential, recreational and park uses.
A necessity exists within Orange County to (1) establish adequate legal and
institutional arrangements and financing for the development, restoration, and
preservation of wetlands and environmentally sensitive habitat areas within the Bolsa
Chica area in the County;3 (2) provide local management of a navigable ocean entrance
and associated inland waterways and harbor facilities for small craft; and (3) provide for
construction and financing of water, sewer facilities and other public works to serve the
wetlands and Bolsa Bay harbor and marina.
Because of the unique problems presented by this area, the facts and circumstances
relative to the financing, construction and maintenance of the ocean entrance, and the
necessity of coordinating with both public and private institutions for the protection of
natural resources of the area, the adoption of special act to create a special district is
required.4 This area proposed for inclusion in the special district does not include lands
within any city, but is bordered on four sides by the City of Huntington Beach.
I Pub. Res. Code, Sect. 30001.5
2Har. & Nay. Code, Appendix 2, Sect. 4
3Land Use Plan, Page II-10, Sect. B. (1)
4Har. & Nay. Code, Appendix 2, Sect. 4
CI. TER 1. INTRODUCTORY PROVI. NS I)RAFY
Article 1 - Legislative Findings and Declarations
Section 1 - State Policy
The Legislature finds and declares that it is the policy of the State to:
(a) Encourage State and local cooperation to implement coordinated planning and
development for mutually beneficial uses in the coastal zone;
(b) Protect, maintain, enhance and restore the overall quality of the coastal zone
environment and resources;
(c) Maximize public access to and along the coast and maximize public recreational
opportunities in the coastal zone, including, but not limited to, the development
of harbors for multiple purpose uses; and
(d) Assure orderly, balanced coastal dependent and coastal related development on
the coast.
Section 2 - Bolsa Chica, County of Orange Land Use Plan
The Legislature further finds and declares that:
(a) The County of Orange has prepared a Land Use Plan for the Bolsa Chica area
consistent with the provisions of the Coastal Act of 1976 establishing a
multi-use coastal development which provides local, regional and statewide
benefits, including:
(1) The creation, restoration and enhancement of 915 acres of coastal
wetlands and 86.8 acres of environmentally sensitive habitat area;
(2) A new navigable ocean entrance and navigable waterways to provide
tital flow to the wetlands area and navigable access to the ocean;
(3) A new marina and coastal dependent, visitor serving facilities; and
(4) Approximately 650 acres of residential and commercial development,
recreational park and trail system.
(b) Adequate legal and institutional arrangements must be established for the
long-term management and financing of those elements of the Land Use Plan
which provide local benefits as well as County, State and National benefits such
as the navigable ocean entrance system, inland waterways, marina, wetlands
and environmentally sensitive habitat areas, as well as major capital
improvements for the area; and
(c) A program for satisfying the conditions of Section 916 of II.R. 6, which
authorizes a federal cost share program for constructing the navigable ocean
entrance and related improvements, must be established.
Section 3 - Special Act District Required
In order to achieve the objectives set forth in Sections 1 and 2, the Legislature
finds and declares that the adoption of an act establishing a special district for financing
and managing the construction, operation and maintenance of certain elements of the land
use plan is required.
-2-
C
CHAPTER 1. DRAFT
Article 2 - Boundary Description
-3-
CHAPTER 1.
Article 3 - Definitions DRAFT
Section 100 - Effect of Definition
Unless the context otherwise requires, the definitions in this Act shall govern its
construction.
Section 101 - "Application of Definitions"
The definition of a word applies to any of its variants.
Section 102 - "Annexation"
Means the annexation, inclusion attachment or addition of territory to a city or
district Govt. Code Section 56017
Section 103 - "Board of Supervisors"
Means the Board of Supervisors of Orange County
Section 104 - "City"
Means any chartered or general law city, Govt. Code Section 56023.
Section 105 - "Coastal Act"
Means the Coastal Act of 1976 codified at Public Resources Code, Section 30000,
et. seq., that was enacted to protect and enhance the coastal environment and to guide
and regulate local planning within the coastal zone to assure conformity with state-wide
goals.
Section 106 - "Coastal Commission"
Means the state agency established under Section 30300 of the Public Resources
Code and designated as the Coastal Zone Planning and Management Agency charged with
implementing the Coastal Act.
Section 107 - "Commission"
Means the governing board of the Bolsa Bay harbor and Conservation District.
Section 108 - "Conservancy"
Means any private, non-profit organization established for the purpose of
implementing the objectives of Section 31000, et. seq., of the Public Resources Code, and
existing under the provisions of Section 501(c)(3) of the United States Internal Revenue
Code, which has among its principal charitable purposes the preservation of land for
scientific, historic, educational, recreational, agricultural, scenic, or open space
opportunities.
Section 109 - "Coastal Conservancy"
Means the state agency established pursuant to Section 31000, et. seq., of the
Public Resources Code that has consultation and land stewardship responsibilities within
the coastal zone.
-4-
Section 110 --"County"
Means the County of Orange, California DRAFT
Section I I I - "Department of Fish and Game"
Means the state agency having authority and responsibility to protect and enhance
fish and wildlife resources.
Section 112 - "District"
Means the Bolsa Bay Harbor and Conservation District.
Section 113 - "Federal Funding"
Means the contingent authorization of funds, if any, contained in the Omnibus
Water Act of 1986 by the government of the United States to construct the navigable
ocean entrance and appurtenances.
Section 114 - "Habitat Conservation Plan"
Means a plan which provides for the conservation of the habitat of fish and wildlife
resources as described at Section 30237 of the Public Resources Code.
Section 115 - "Harbor Facility"
Means the marina basins, main and secondary navigable waterway systems, the
lands underlying the marina basin(s), main and secondary waterways, and any abutting
lands used for boater oriented recreational or commercial activities, including in-water or
dry storage of boats, and the parking of vehicles to accommodate the recreational or
commercial activities of the harbor.
Section 116 - "Holder of Title"
"Holder of Title" shall mean the owner of record of the fee title to land; provided,
however, in the event the owner of record of such fee title has conveyed the equitable
title to such land by way of a land sale contract and such contract or a memorandum
thereof is recorded, "holder of title" shall mean the contract vendee thereunder and not
the record owner of the fee title.
Section 117 - "Improvement District"
Means any area within the District established by the Commission pursuant to any
of the provisions of this Act or other applicable laws for the purpose of providing for and
financing the construction, acquisition, reconstruction, maintenance, operation, extension,
repair or improvement of any work or works of common benefit to the land or inhabitants
within an improvement district.
Section 118 - "Land"
Means the solid material of the earth, whatever may be the ingredients of which it
is composed, whether soil, rock or other substance which land is within the District, but
there shall not be included in the meaning of land, improvements thereon or rights and
privileges appertaining to water, mineral, oil, gas or other hydrocarbon substances
underlying the surface thereof.
-5-
Section 119 - "Land Use .n" DRAFT
Means the Bolsa Chica Land Use Plan prepared pursuant to Section 30108.5 of the
Public Resources Code adopted by the Board of Supervisors as revised on
December 18, 1985 by Resolution No. 85-1777 and approved by the California Coastal
Commission on January 8, 1986.
Section 120 - "Landowner"
Means the person who is the holder of title.
Section 121 - "Legal Representative"
Means an official of a corporation owning land, and means a guardian, executor, or
administrator of the estate of the holder of title to land who:
(a) Is appointed under the laws of this State, or
(b) Is entitled to the possession of the estate's land, or
(c) Is authorized by the appointing court to exercise the particular right, privilege,
or immunity which he seeks to exercise.
Section 122 - "Local Coastal Program"
Means a local government's land use plan zoning ordinances and implementing
actions program which, when taken together, satisfy the requirements and implement the
provisions and policies of the Coastal Act of 1976 at the local level.
Section 123 - "May or Shall"
"May" is permissive and "shall" is mandatory.
Section 124 - "Navigable Ocean Entrance"
Means the system of navigable waterway(s) that provides for access between the
Pacific Ocean and the harbor facility or defined in Section 115 and may include side
jetties and off-shore sheltering breakwater.
Section 125 - "State"
Means the State of California and includes all bureaus, commissions, divisions,
departments, boards, agencies, committees, officers, and branches thereof.
Section 126 - "United States"
Means the government of the United States of America and includes all bureaus,
commissions, divisions, departments, boards, agencies, committees, offices, and branches
thereof.
Section 127 - "Visitor Serving Facilities"
Means the facilities that fulfill purposes under the Coastal Act of serving the need
for public access and recreation within the coastal zone.
Section 128 - "Voter"
Means a person who is a holder of title or, in the event of a change in voting
procedure to resident voting, a person qualified under the laws of the State to vote in
elections held within the District
-6-
Section 129 - "Wetlands storation" DRAFT
Means an activity to establish, maintain, preserve and enhance wetlands especially
those which have been destroyed or degraded, to a high quality, fully functioning level of
biological productivity and diversity.
Section 130 - "Wetlands Restoration Plan"
Means a two-phase concept and implementation plan to establish, restore and
preserve 915 acres of wetlands and 96.8 acres of environmentally sensitive habitat area,
which plan is part of the Bolsa Chica Land Use Plan.
-7-
CHAPTER I.
Article 4 - Establishment and Purposes DRAFT
Section 140 - Title
This Act shall be known and may be cited as the Bolsa Bay Harbor and
Conservation District Act.
Section 141 - Establishment of District and Purposes
The Bolsa Bay Harbor and Conservation District is hereby established in
accordance with the provisions of this Act and is a public corporation created for the
following purposes:
(a) To provide an adequate institutional and legal framework to carry out and fund,
implementing action programs to restore, enhance and maintain in perpetuity
the wetlands and environmentally sensitive habitat areas within the coastal
zone of Orange County, identified by the Bolsa Chica local coastal plan.
(b) To provide a means to achieve and support objectives of the State of California
through the collection and allocation of selected public and private funds.
(c) To administer and raise funds to repay the federal loan cost share authorized by
the Omnibus Water Act of 1986 and to maintain in perpetuity the facilities,
structures and appurtenances for the navigable ocean openings and waterways
conducted with funds authorized and/or appropriated by the federal government.
(d) To maintain and administer the facilities of a small craft harbor landward of
the Bolsa Chica ocean entrance.
(e) To administer and raise funds to construct and maintain appropriate facilities
including, but not limited to, (1) dredging and land reclamation purposes; (2)
levees and channel edges; and (3) docks and appurtenances.
Section 142 - Limitations
No provision in this division should be interpreted to limit the power or authority of
any city, county or state agency with jurisdiction within the District to regulate land uses
with the District in accordance with the provisions of the Coastal Act of 1976.
Section 143 - Effect on Prior Agreements
No provision in this division should be interpreted to limit the enforceability and
applicability of any provision of any agreements entered into between or among a city,
county, state or federal agency and a private person affecting the Bolsa Chica area.
Section 144 - Severability Clause
If any provision of this Act or the application of such provision to any persons or
circumstances is held invalid, the remainder of this Act, or the application of such
provision to persons other than those to which it is held invalid, shall not be affected
thereby.
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CHAPTER 1.
Article 5 - General Provisions DRAFT
Section 150 - Act
Nothing in this Act changes or repeals any other law of this State.
Section 151 - Rights, Privileges, and Immunities: Exercisable by Legal Representatives
The rights, privileges and immunities created or continued in force by this Act in
favor of any holder of title to land may for his benefit and on his behalf be exercised by
his legal representative.
Section 152 - Acknowledgment
Whenever an instrument is by this Act required to be acknowledged, each signer
shall acknowledge the instrument in the manner provided by law before his signature shall
be effective.
Section 153 - Fees
No supervisor, auditor, or clerk of any county shall receive any fee for any service
required to be performed by him under the provisions of this Act provided, however, that
the county clerk shall be compensated for the expense of the conduct of the election.
Section 154 - State Treasurer's Fees
Fees payable to the State Treasurer pursuant to this Act shall be those established
by the State Treasurer pursuant to Section 20018 of the California Government Code.
Section 155 - Districts Subject to Uniform District Election Law
Districts governed by this Act are subject to the provisions of the Uniform District
Election Law.
Section 156 - Annexation
If the District is annexed by the City all references to the "County" in all chapters
of this act shall be deleted and the "City" inserted in its stead and all references to
"Board of Supervisors" shall be deleted and the "City Council of the City of
Huntington Beach" inserted in its stead.
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C ?TER 2. INTERNAL ORGANIZA7 V
Article 2 - Election of the First Board DRAFT
Section 200 - Board of Commissioners
The district shall be governed by a Board of Commissioners composed of five
persons elected pursuant to the provisions of this Chapter.
Section 201 - First Board
The first District Board shall be elected at an election conducted by the Board of
Supervisors within 35 days following the formation of the district, as follows:
(a) Nominating petitions for the position of commissioner shall be in writing and
signed by voters representing at least 10 percent of the assessed value of land
as shown by the last equalized assessment role.
(b) No voter shall sign any more nominating petitions than there are offices to be
filled.
(c) Qualified candidates for the Office of Commissioner must be a voter as defined
by Section 128 of this Article.
(d) If, on the 15th day prior to the date of the election called by the Board of
Supervisors, only one person has been nominated for each position to be filled at
the election, an election shall not be held and the Board of Supervisors shall
appoint those nominated for the position of Commissioner.
(e) In the event an election is held, each voter shall have one vote for each one
dollar ($1.00) in assessed valuation of land owned by the landowner.
(f) A majority of the votes cast shall be required to elect a commissioner.
Section 202 - Staggered Terms
The first District Board of Commissioners shall classify itself by lot so two
Commissioners shall hold office until the last Friday in November, 1988 and three
Commissioners shall hold office until the last Friday in November, 1990.
Section 203 - Time of Election
Except as otherwise provided in this Chapter, the Board of Supervisors shall call
for and hold an election to coincide with the general election in November of each
even-numbered year in the same manner in which it called for and held the election for
the first Board of Commissioners pursuant to Section 201.
Section 204 - Term of Office
The term of office for commissioners elected pursuant to Article 1 shall be four (4)
years.
Section 205 - Annexation - Commissioners
Notwithstanding any provisions of this Article at the time of annexation, of the
District by the City, the Board of Commissioners shall forthwith resign and the City
Council members shall become the Commissioners. The number of board members shall
then be increased to seven.
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CHAPTER 2. DRAFT
Article 2 - Conduct of Subsequent Board Elections
Section 210 - Subsequent Elections
Commencing in 1990 and in every even-numbered year thereafter, or until such
time as all members of the Board of Commissioners qualify as and have been elected by
the registered voters of the District, the Secretary of the District, between January 1 and
March 30 of each even-numbered year, shall inspect the assessable area of the District.
The Secretary shall certify the findings of the inspection to the Board of Supervisors.
Section 211 - Increasing Number of Board Members
At any time after four years from the date of the formation of a district, and from
time to time thereafter, but not less than 120 days before a general district election, the
Board may, by resolution, increase the number of Commissioners to serve thereon to 7, 9
or 11, and may designate the first additional members to serve on said enlarged Board.
The Board shall determine the term of office of each of the new Commissioners so
iippointed, but in no event shall such term designated by the board be for more than four
years. The terms of office thus created shall be determined in such a manner as to keep
as nearly equal as practicable the number of Commissioners to be elected at each
subsequent general District election. Upon the expiration of such terms so designated by
the Board, such position shall be filled at the next general District election and general
District elections held thereafter for the election of officers of the district. The terms of
office of each Commissioner elected at a general District election is four years or until
his successor qualifies and takes office.
Section 212 - Repeal of Action to Increase Board
At any time after the adoption of a resolution pursuant to Section 211, such
resolution may be repealed by a unanimous vote of the members of the board.
Immediately upon the effective date of the repeal of the resolution, the offices created
thereby shall be deemed vacated and abolished.
Section 213 - Annexation - Commissioners
Notwithstanding any provisions of this Article at the time of annexation, of the
District by the City, the Board of Commissioners shall forthwith resign and the City
Council members shall become the Commissioners. The number of board members shall
then be increased to seven.
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CHAPTER 2.
Article 3 - Alternative Method To Conduct Elections DRAFT
pection 220 - Change to Resident Voting
The voting procedure within a district shall be changed from that of a landowner
voting district to that of a resident voting district at such time as the Board of
Commissioners shall determine by a resolution adopted in conformity with the provisions
of this Article.
Section 221 - Determination of Assessable Area
Between January 1 and March 30 of each year, the secretary of the district shall
inspect the assessable area within the district. At such time as at least 50 percent of the
assessable area within the district is devoted to and developed for residential, industrial,
or non-agricultural commercial use, or any combination thereof, such fact shall be
certified to the Board of Commissioners by the Secretary of the District. Any time after
such certification, the registered voters residing within the district may petition for a
change in the voting procedure from a landowner voting district to a resident voting
district.
Section 222 - Petition to Change
The petition shall be signed by not less than 25 percent of the registered voters
who reside within the district, but shall contain a minimum of 25 signatures.
Section 223 - Form of Petition
The petition shall be substantially in the following form:
The secretary of the Bolsa Bay Harbor and Conservation District, having
heretofore certified to the Board of Commissioners of the District that at least 50
percent of the assessable area within the District is devoted to and developed for
residential, industrial, or non-agricultural commercial use, or any combination thereof,
the undersigned voters who reside within the boundaries of Bolsa Bay Harbor and
Conservation District hereby petition the Board of Commissioners thereof to hold all
elections on the basis of resident voting district, rather than a landowner voting district.
Date Signature Address
Section 224 - Authorized Petitioners
Each petition shall be signed and dated by registered voters who reside within the
district and shall show their residence address.
Section 225 - Circulator Requirements
Each page of the petition which contains the signature of one or more registered
voters shall show thereon the affidavit of the circulator in the following form:
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The undersigned ulator of the above petition here declares under VaAA
perjury that the circulator of this petition was over the age of 18 years, and that the
signatures hereon are the signature of the person named and were signed in the presence
of the circulator.
Section 226 - Time to Obtain Signatures
All signatures on the petition shall be obtained within the six-month period
immediately preceding the filing thereof.
Section 227 - Filing of Petition
The petition shall be filed with the county clerk of the principal county at least six
months prior to the date of the next general district election. (Water Code Section 35048)
Section 228 - Verification of Petition
The signature to the petition shall be verified as Follows:
(a) If the district is wholly in one county, the county clerk shall examine the
signatures and from the records of registration ascertain whether or not the
petition is signed by the requisite number of registered voters.
(b) The county clerk of the principal county shall attach to the petition his
certificate showing the total number of valid signatures thereon, and the total
number of registered voters within the district as of the date of filing the
petition.
Section 229 - Supplemental Petition
If the number of signatures is not sufficient, a supplemental petition, in the form
of a duplicate petition, but bearing additional signatures, may be filed with the county
clerk of the principal county within 10 days from the date on which the county clerk of
the principal county certified the results of his examination. The supplemental petition
shall be verified in the same manner as the original petition. If the signatures on the
petition are still insufficient, no action shall be taken thereon. The petition shall remain
on file as a public record and failure to secure sufficient signatures shall not prejudice the
later filing of an entirely new petition.
Section 230 - Clerk's Certificate
If the petition contains at least 25 valid signatures and if the total number of valid
signatures on the petition constitutes 25 percent or more of the registered voters within
the district as of the date of filing the petition, the county clerk of the principal county
shall prepare a certificate to that effect, attach the same to the petition, and deliver, by
mail or personal delivery, the petition and the certificate to the secretary of the district.
Section 231 - Resolution Changing to Resident Voting
At the next regular meeting following the delivery by the county clerk of the
petition and the certificate to the Secretary of the District, the Board of Commissioners
shall adopt a resolution reciting the delivery of such petition and certificate and
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8
Rr I
specifying that all futurt ections in the district shall be cc .cted as a reside o
district rather than a landowner voting district.
Section 232 - Filing Resolution with ,County
The Secretary of the District shall file with the county clerk of each county in
which any portion of the district is located, a certified copy of such resolution. The
Secretary shall cause a copy of the resolution to be published once a week for three
successive weeks in a newspaper of general circulation used for the publication of district
notices.
Section 233 - Subsequent Elections
After adoption of the resolution by the Board of Commissioners all elections within
the district for elective offices, bonds, or other purposes shall be conducted under laws
relating to resident voting districts and all provisions of this article shall prevail over any
contrary provisions in this Act relating to landowner voting districts.
Section 234 - Commissioners Must Be Residents and Registered Voters
All Commissioners thereafter elected shall be residents of the district and shall be
registered voters at the time of their election and during their term of office. Such
Commissioners need not be landowners.
Section 235 - Provisions Inapplicable to Resident Voting
After the establishment of a resident voting district, the provisions set forth in
Sections 210 and 211 of this Chapter are no longer applicable. The Board of
Commissioners may at any time establish divisions within the District. After such
divisions shall have been established, or if divisions have previously been established in the
district, the Board of Commissioners shall, from time to time, re-establish the boundaries
on the basis of equalizing as nearly as practicable the number of registered voters in each
division. The creation or modification of divisions shall not affect the term of any
Commissioner until his term shall expire.
Section 236 - Election Procedures for New Commissioners
At the first election of Commissioners following the adoption of the resolution by
the Board establishing a resident voting district, the number of Commissioners to be
elected shall correspond with the number of Commissioners whose terms expire. The
Commissioners whose terms have not expired shall serve their unexpired terms under the
qualifications to hold office that existed prior to the adoption of the resolution
establishing a resident voting district. In such first election and in all subsequent
elections, the form of the ballot and the conduct of the election shall be governed by the
Uniform District Election Law for resident voting districts.
Section 237 - No Acts Invalidated
The adoption, in accordance with the provisions of this Article, of a resolution
changing the method of voting shall in no way invalidate any act of the district, its
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hFURFCommissioners, officer: nd employees, made or perfori while the dist
operating as a landowner voting district.
Section 238 - Bonds Continue In Effect
Any bonds, promissory notes, contracts or other obligations ('obligations" herein) of
the District, authorized or issued in any manner provided by law, and any proceedings
taken by the district in connection therewith, prior to the adoption of the resolution
changing the method of voting, shall not be affected by such resolution and the obligations
shall continue to be legally authorized or issued obligations.
Section 239 - Amendment and Repeal of Administrative Code
After establishment of a resident voting district, the Board of Commissioners may
at any time alter, repeal, or amend the Administrative Code adopted pursuant to
Section 310 by a majority vote.
Section 240 - Term of Office of New Commissioners
The term of office for each member of the board elected pursuant to Section 220
et. seq. shall be four years.
Section 241 - Vacancies
Upon receipt of a resolution of the board of supervisors declaring that a seat upon
the board of commissioners is vacated, the Commissioner whose term of office next
expires shall relinquish that seat. In the event more than one term of office shall expire
in the year in which the board of supervisors declares a seat to be vacated, the
commissioners whose term of office shall next expire may classify themselves by lot to
determine which of them shall relinquish a seat.
Section 242 - Uniform District Election Law
Election of members of the Board of Commissioners conducted for any resident
:,noting division shall be called for and held pursuant to the Uniform District Election Law.
Section 243 - Filing Vacancies
All vacancies occurring in the office of Commissioner elected pursuant to
Article 1 of this Chapter shall be filled by appointment by the remaining Commissioners
or, in the absence of a majority consensus of a quorum, the the Board of Supervisors.
Section 244 - Vacancy Procedure
All vacancies occurring in the office of the commissioner elected pursuant to
resident voting division provisions of this Chapter, shall be filled pursuant to Section 1780
of the Government Code.
Section 245 - Annexation - Commissioners
Notwithstanding any provisions of this Article at the time of annexation, of the
District by the City, the Board of Commissioners shall forthwith resign and the City
Council members shall become the Commissioners. The number of board members shall
then be increased to seven.
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I
CHAPTER 2.
Article 4 - Officers and Employees DRAFT
Section 250 - Officers of the Board
The officers of the Board of Commissioners shall include a president, secretary and
treasurer, and may include a vice-president.
Section 251 - Consolidation
The Board of Commissioners may consolidate the offices of secretary and treasurer.
Section 252 - Duties
The duties of the officers of the Board of Commissioners and any standing
committee thereof, shall be described in the administrative code of the district.
Section 253 - Officers of the District
The officers of the District shall include:
(a) Chief executive officer;
(b) Finance officer;
(c) An attorney; and
(d) A chief engineer.
Section 254 - Officers Serve at Pleasure of Board
The officers of the district shall be appointed by the board of commissioners and
serve at its pleasure when such positions are required to be filled.
Section 255 - Confirmation of Other Officers and Employees
All other officers and employees shall be appointed by the chief executive officer
and must be confirmed by the Board of Commissioners.
Section 256 - Management
The Board of Commissioners, except as otherwise specifically provided, shall
manage and conduct the business and affairs of the District and may delegate its powers
to any officer or employee of the district.
Section 257 - Officers' Duties
The duties, responsibilities and authority of the officers of the district shall be
generally described in the administrative code of the district and shall be exercised
according to the policies and standards established by the Board of Commissioners.
Section 258 - Meetings
All meetings of the Board of Commissioners shall be held and conducted pursuant
to Chapter 9 (commencing with Section 54950), Division 2 of Title 5, of the Government
Code.
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'HAPTER 3. GENERAL POWER DRAFT
Article 1 - General
Section 300 - Necessary and Proper
The District has the power generally to perform all acts necessary or proper to
carry out fully the provisions of this Act.
Section 301 - Seal
The Commission may adopt a seal for the District and alter it at pleasure.
Section 302 - Property
The District may take by grant, purchase, gift, devise, lease or otherwise acquire,
hold and enjoy and lease and dispose of, real and personal property of every kind within or
outside of the District, necessary to the full or convenient exercise of its powers.
Section 303 - Eminent Domain
The District may exercise the power of eminent domain for any of the following
purposes:
(a) To acquire, enhance or improve lands within its jurisdiction.
(b) To acquire rights-of-way to land inside or outside of its jurisdiction.
(c) To acquire any property necessary or convenient to the purposes specified in
this Act.
Section 304 - Finances
The District may issue bonds, borrow money and incur indebtedness as authorized
by the provisions of this Act or by law. The District may also refund any indebtedness as
provided in this Act or any other applicable law, and may also refund any indebtedness by
the issuance of the same type of obligations as those refunded and following the same
procedures as at that time may be applicable to the issuance of such obligations, and may
retire any indebtedness or lien that may exist against the district or its property.
Section 305 - Contracts
As to any service which the District is authorized to perform pursuant to the
provisions of this Act, the District may contract for the performance of such service by
the county, a city, another district or any agency of the State or of the United States.
Section 306 - Entry on Lands
In order to carry out the provisions of this Act, the District or its authorized
representatives has the right of access to, and may to the extent permitted by the
California Constitution, enter upon land within or without the District.
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Section 307 - Execution :ontracts UKAP I
The District may execute, by its president and secretary, all contracts and other
documents necessary to carry out the provisions of this Act.
Section 308 - Legal Actions
t
The District may commence and maintain any actions and proceedings to carry out
its purpose or protect its interests and may defend any action or proceeding brought
against it. (WC 35407)
Section 309 - Public Information
The District may disseminate information to the public concerning the rights,
properties, policies and activities of the District. (WC 35411)
Section 310 - Administrative Code
The Commission shall adopt an administrative code for the District, which Code
shall include, but not necessarily be limited to, the following:
(a) The organization of the Board of Commissioners and the duties of its officers
and committees;
(b) The duties of and the extent and scope of delegation of authority to the chief
executive officer of the District;
(c) The rules and regulations governing employee standards, wages, benefits and
general duties;
(d) The rules and regulations governing the use of District property and establishing
the conditions under which the District will engage in and maintain its services;
and
(e) The manner in which the Commission shall meet, legislate and, generally,
conduct the business of the District.
Section 311 - Rules and Regulations
The Commission may establish by ordinance rules and regulations to be
incorporated into the administrative code of the District, and may provide therein the
conditions and circumstances under which the District shall furnish services, utilities or
facilities to persons or lands within or outside of the District or to carry out any other
provisions of this Act, including provisions for collections of fees, charges, assessments,
taxes and the method of enforcement, collection and penalties for non-compliance.
Section 312 - Violation of Rules and Regulations
Rules and regulations may provide that any services authorized by this Act shall
not be furnished to:
(a) Persons who violate the rules and regulations or against whom there are
delinquent stand-by, facility or other charges, or penalties or interest on any
such charges, or
(b) Land against which there is a delinquent assessment.
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Section 313 - Contract W' - Federal Government UKAH '
The District may enter into agreements with the Government of the United States
for purposes of accepting Federal funds to construct the navigable ocean entrance and
related facilities and for the repayment thereof on certain conditions as provided in
Section 916 of the Federal Omnibus Water Act of 1986.
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C' PTER 4. WETLANDS CONSERVA IN
Article 1 - Annual Conservation Plan DRAFT
Section 400 - Annual Planning
For the purposes of this Chapter, the Commission shall annually implement action
plans, establish programs and identify funding from national, state, local and private
sources, obtain and manage such funds for the implementation and maintenance in
perpetuity of the Wetlands Restoration Program as identified by the Bolsa Chica Local
Coastal Program and certified by the Coastal Commission.
Section 401 - Fish and Game Policies
Notwithstanding any other provisions of this Act, in carrying out the provisions of
this Chapter, the Commission shall be guided by the policies and regulations of the
Department of Fish and Game and the County of Orange for the following purposes:
(a) To provide for the conservation of the habitat of fish and wildlife resources.
(b) To anticipate and resolve potential conflicts between the conservation of fish
and wildlife resources or their habitats and actions by local, state or federal
agencies and private persons.
(c) To provide for greater certainty and predictability regarding the conservation
of fish and wildlife resources and their habitats and regarding private and public
activities potentially affecting those resources.
(d) Protection and maintenance of environmentally sensitive habitat areas.
Section 402 - Proposed Program
Sixty days prior to the adoption of the District budget each year, the Commission
shall prepare and adopt a proposed wetlands conservation plan ("proposed program")
setting forth its intended activities for the coming year to carry out wetlands
conservation guided by the policies and regulations of Fish and Game as set forth in
Section 401. The proposed program shall include the expected amount of revenues
available for such program as are provided for in Chapter 7, Section 700(b) of this Act,
and a budget for implementing the program based upon an allocation of the identified
sources of revenue. If there are additional sources of funding available other than
provided for by this Act, such as grants or gifts, the Commission shall provide for the
timely expenditure of these funds. The proposed program shall include the intended
activities and estimated costs thereof. At the time of the adoption of the proposed
program, a copy of such program shall be forwarded to the Department of Fish and Game
and the Board of Supervisors for review and comment prior to the adoption of the annual
program.
Section 403 - Consideration of Fish and Game, the County and Other Information
Prior to the time of adoption of the budget each year, the Commission shall
consider the comments of the Department of Fish and Game and the County and other
relevant information to develop the annual program. If no comments are received, the
Commission may proceed with the adoption of the annual program without them.
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Section 404 - Adoption of Annual Program UKAP I
At the time of the adoption of the annual budget, the Commission shall adopt the
annual wetlands conservation program ("annual program") setting forth the intended
activities, the cost thereof, the estimated revenue to fund the program and an assurance
that the annual program is consistent with the wetlands restoration plan and meets the
objectives of Section 401 of this Chapter. A copy of the annual plan shall be forwarded to
the Department of Fish and Game and the Board of Supervisors. The plan shall include
the establishment and maintenance of an Interpretive Center where interested visitors
may enjoy and study the wetlands.
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CHAP 1 5. SMALL CRAFT HARBOR OF ,ATIONS VKA� I
Section 500 - Navigable Ocean Entrance and Harbor Facilities
The Bolsa Chica Land Use Plan includes a navigable ocean entrance and related
harbor facility within the District's jurisdiction. It is anticipated that these facilities or
portions thereof will be constructed under a program designed in accordance with the
provisions and policies of H.R. 6. In the event such facilities are constructed, the District
may enter into agreements, contracts, or other similar arrangements to operate,
maintain, construct or develop all or any portion of these facilities with any federal,
state, county, city, district or other agency or agencies, or any other combination of the
foregoing, having jurisdiction over these harbor facilities.
Section 501 - Powers
The District may acquire, construct, reconstruct, improve, repair, develop,
maintain and operate, a harbor and all facilities appurtenant thereto, connected therewith
or incidental thereto, including without limiting the generality of the foregoing, the
following:
(a) The acquisition, reconstruction, repair and maintenance of bulkheads, seawalls,
wharves, docks, ways, ferry slips, warehouses, streets, roads, drives, parkways,
avenues, approaches, marinas, aquatic playgrounds, beach parks, bathing
beaches and other recreation facilities, together with structures and facilities
incidental thereto.
(b) The acquisition, construction, reconstruction, repair, maintenance, operation,
development and regulation of fueling, loading and unloading, towing, repair,
warehousing, shipping and reshipping, and other facilities, aids, equipment or
property necessary for or incidental to the development and operation of the
harbor.
(c) The acquisition, construction, reconstruction, repair, maintenance and
operation of fire protection apparatus, sanitary, and other facilities necessary
for the proper protection of the harbor.
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Section 503 - Lease of F arty UKAFI
The District may lease any property, whether real or personal, and any interest
therein to, of and from any person, firm or public or private corporation, or public agency
with the privilege of purchasing or otherwise.
Section 504 - Joint Exercise of Powers
The District may join with the United States or any department or agency thereof,
the state or any department or agency thereof, the county, a city, a district or other
public or private corporation, or one or more or any other combination of the foregoing,
for the purpose of carrying out any of the powers of the district, including, without
limitation, provisions for the financing of acquisitions, construction, developments and
operations.
Section 505 - Establishment of Rules
The Commission may establish general rules for the government of the harbor
facilities and navigable ocean entrance, including, without limiting the generality of the
foregoing:
(a) The regulation of anchoring, mooring, towing, wharfage and dockage of vessels
and the establishment and collection of rates, fees and charges therefor.
(b) The establishment and collection of rates, fees and charges for service from or
use of any of the facilities owned, controlled, furnished or operated by the
District.
(c) The supervision of pilots and the pilotage of all vessels within the harbor
facilities and navigable ocean entrance and the establishment and collection of
fees and charges therefor.
(d) The regulation of the construction of wharves, docks, buildings and
improvements of all types on property owned or controlled by the District.
(e) The issuance of licenses and permits for privileges to be exercised in and about
the harbor facilities and navigable ocean entrance upon equal terms and the
establishment and collection of rates, fees and charges therefor.
Section 506 - Adoption and Enforcement
Rules established pursuant to Section 505 shall be adopted and enforced in the
same manner as the rules and regulations authorized by Sections 311-312 of this Act.
Section 507 - Franchises
The District may sell and issue franchises relating to the harbor facilities and
navigable ocean entrance and its works, appurtenances, properties and rights in
accordance with such procedures as may be prescribed by ordinance.
Section 508 - Advertising
The District may advertise its advantages and solicit business within or without the
District, within other states or any foreign countries through such employees or agents as
are expedient.
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Section 509 - County Dei ment of Harbors, Beaches and Pai UKA� I
For the purpose of carrying out fully the provisions of this Chapter, the District
may enter into agreement with the County Department of Harbors, Beaches and Parks for
the operations and maintenance of any of the facilities acquired, constructed or within
the purview of the District pursuant to this Article.
Section 510 - Federal Agreement
All or a portion of the harbor facilities and the navigable ocean entrance may be
constructed by funds provided by the Federal government under a federal cost share
program. The District may enter into an agreement to secure such facilities and the
funding of the costs of construction. The agreement may provide for the repayment of
the federal funds consistent with the terms of the federal cost share program as defined
in Section 113 of this Act and provided for in Section 700(c), Article 4, Section 730
et. seq; Article 5, Section 753 of Chapter 7 of this Act.
-2 4-
.APTER 7. FINANCIAL PROVISIC "
Article 1 - Annual Budget
Section 700 - Designation of Funds
The Commission shall annually provide for the appropriation of monies for the use
of the following funds:
(a) A general fund which shall consist of money received by the District and not
specifically appropriated to any other fund and to be allocated for the
operations and maintenance of District facilities or services not specifically
supported by any other fund.
(b) A wetlands conservation fund which shall consist of money received from
revenues specifically allocated for the purposes of Chapter 4 of this Act.
(c) A federal cost share fund which shall consist of money received from revenues
specifically allocated for the purposes of Chapter 5 of this Act.
(d) A bond redemption fund which consists of money received from revenues
specifically allocated for the payment of interest and principal on any
outstanding bonds of the District.
Section 701 - Preliminary Budget
On or before June 15 of each year, the Commission shall adopt a preliminary
budget which shall conform to the accounting procedures for special districts and the
budgeting procedures for special districts (commencing with Section 1031.1 and
Section 1121, respectively), of the California Administrative Code.
Section 702 - Appropriations
The preliminary budget shall provide appropriations for the general fund, the
wetlands conservation fund, the federal cost share fund and the redemption of any long or
short-term debts of the District.
Section 703 - Final Budget
By September 15th of each year, but no sooner than the date of the adoption of the
annual conservation plan established pursuant to Article 1 (commencing with Section 400)
of Chapter 4 of this Act, the Commission shall adopt the final budget. Copies of the final
budget shall be forwarded to the Department of Fish and Game and the Board of
Supervisors.
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CHAPTER 7. DRAFT
Article 2 - Funds
Section 710 - Transfers from General Fund, Restriction on Transfer from Special Funds
The Commission may establish and transfer money from the general fund to any
other funds it deems necessary to carry out the provisions of this Act and allocate
revenues to such funds in lieu of allocating them to the general fund. No revenues
specifically allocated to the funds described in Subsections (b), (c) or (d) of Section 700
may be transferred or allocated to any other fund.
Section 711 - Surplus Money
The Commission may, pursuant to Section 53653 of the Government Code, invest
surplus money available from any fund and may pool money from two or more funds for
investment purposes.
Section 712 - Pooling
In the event the Commission pools and invests money from separate funds, a
portion of the earnings received from investment shall be allocated to each fund in
proportion to the amount contributed from each fund to the investment pool.
Section 713 - Investment Policy
The Treasurer shall, pursuant to Section 53646 of the Government Code, annually
render to the Commission a statement of investment policy and shall provide a detailed
monthly report on all investments, including the types of investments, the rate of earrings
of each, and the distribution of investment earnings.
Section 714 - Deposit and Safekeeping
All money in custody of the District not otherwise invested shall be deposited for
safekeeping pursuant to Section 53635 of the Government Code.
-26-
CHAPTER 7. DRAFT
Article 3 - Taxes
Section 720 -_Special Taxes
The District may levy a special tax pursuant to Article 3.5 (commencing with
Section 50075) of Chapter 1, of part 1, of Division 1, of Title 5, of the Government Code.
Section 721 - Special Taxes - Mello-Roos
The District may levy a special tax pursuant to the Mello-Roos Community
Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1,
Division 2, of Title 5 of the Government Code.
-27-
CHAPTER 7. '
Article 4 -.Federal Repayment, Assessment
Section 730 - Federal Cost Share Determination
Prior to the adoption of the preliminary budget each year, the chief executive
officer shall prepare a report estimating the amount of money needed for the purposes of
the federal cost share fund.
Section 731 - Assessments for Deficiencies
In the event the Commission determines that the money available in the federal
cost share fund is insufficient to meet the amount estimated by the chief executive
officer, the Commission shall adopt a resolution of intention to levy an assessment within
the Federal repayment district or any or all zones of benefit established pursuant to
Article 1 of Chapter 8 of this Act.
Section 732 - Amount of Assessment, Notice
The resolution of intention shall specify the amount of money needed to be raised
by assessment and establish a date, place and time for a public hearing. Notice of the
hearing shall be published pursuant to Section 6066 of the Government Code and specify a
place and time where the resolution and report of the chief executive officer may be seen
by interested persons.
Section 733 - Zones
Prior to the hearing, the Commission shall determine the need to establish a zone
or zones within the Federal Repayment District. Each zone for which an assessment shall
be levied shall be referred to as a participating zone. The Commission shall determine
the proportional amount of the total assessment that shall be borne by each participating
zone based upon the benefits derived by the respective zones. It is declared that for the
purposes of any assessment levied under this Article, the property so assessed within a
given zone is equally benefitted. If the property being assessed is outside the district
boundaries, the approval of the governing agency is required.
Section 734 - Hearing
At the time and place fixed for the hearing, or at any time to which the hearing
may be continued, the Commission shall consider all written or oral objections to the
proposed assessments. During the course of the hearing, the Commission may establish
new or exclude established zones from participation, may change the boundaries of zones
or may reduce or increase the amounts to be assessed within each zone.
Section 735 - Post Hearing Procedure
At the conclusion of the hearing, the Commission may abandon the levy of the
proposed assessments or approve them as originally proposed or as amended during the
course of the hearing.
-28-
Section 736 - Restriction fter Abandonment UKAtl
If the Commission abandons the levy of the proposed assessments, no further
proceedings related to assessments for the federal cost share fund may be undertaken for
a period of not less than 6 months, following the conclusion of the hearing.
Section 737 - Frequency of Assessments
If the Commission approves the levy of assessments, no additional assessments
related to the federal cost share fund may be implemented for a period of not less than
one year following the effective date of the levy of the first assessment.
Section 738 - Deposits of Assessment Revenues
Revenues generated through assessments levied pursuant to this Article 4 shall be
deposited into the federal cost share fund and shall be used for the purposes for which said
fund is established.
-29-
CHAPTER 7. Lfi%R131
Article 5 - Assessments in General
Section 750 - General Assessments
The District may levy assessments to finance capital improvements pursuant to the
Improvement District Act of 1911, Division 7 (commencing with Section 5000), the
Improvement Bond Act of 1915, Division 10 (commencing with Section 8500) and the
Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the
Streets and Highways Code.
Section 751 - Benefit Assessments
The District may levy benefit assessment pursuant to the Benefit Assessment Act
of 1982, Chapter 6.1 (commencing with Section 54700), of Part 1, Division 2, of Title 5 of
the Government Code.
Section 752 - Collection by County
All County officers charged with the duty of collecting taxes shall collect, upon
request of the Board of Commissioners, District assessments levied pursuant to this
Chapter with the general County taxes with the same penalties and interest, and when
collected, shall be paid to the District.
Section 753 - Federal Cost Share Assessments, Liens
Assessments levied pursuant to Article 4 or Article 5 of this Chapter shall be a lien
on all of the property benefitted thereby. Liens for said assessments shall be of the same
force and effect as other liens for taxes, and their collection may be enforced by the
same means as provided for in the enforcement of liens for State and County taxes.
-30-
CHAPTER 7. DRAFT
Article 6 - Rates, Charges and Fees
Section 760 - Wharfage Charges, Slip and Anchorage Fees
The Commission may fix and alter rates of wharfage charges, slip fees, anchorage
fees and other charges for the use or right of use of any facilities constructed, owned by
or under the control of the District, pursuant to this Act.
Section 761 - Surcharge on Wharfage, Slip and Anchorage Charges and Fees
The Commission may establish an annual surcharge in addition to charges and fees
authorized by Section 760, for use of District owned facilities, whether or not such
facilities are under control of the District, a lessee or another governmental agency.
Section 762 - Revenues from Surcharges to Wetlands Conservation or Federal Cost Share
Fund
Proceeds from surcharges collected pursuant to Section 761 shall be deposited in
the wetlands conservation fund or the federal cost share fund for uses for which such
funds are established by this Act. The commission shall determine annually the
disposition of the proceeds of surcharges prior to the adoption of the annual budget.
-31-
i
CHAPTER 7.
Article 8 - Short-Term Borrowings DRAFT
Section 790 - Revenue Anticipation Notes
If money is needed for the immediate requirements of the District in any fiscal
year to pay obligations lawfully incurred and before receipt of revenues for the fiscal year
is sufficient to meet payments, money may be borrowed pursuant to Article 7
(commencing with Section 53820), Chapter 4, Part 1, Division 2, of Title 5, of the
Government Code.
-3 2-
CHAPTER 8. )ERAL REPAYMENT DISTRICT, . .4ES OF BENEFIT `.
AND IMPROVEMENT DISTRICTS DRAFL
Article 1 - Federal Repayment District
Section 800 - Purposes of District
In the event the District shall enter into an agreement to obtain funds to construct
the navigable ocean entrance and related facilities pursuant to Section 500, it may
establish a federal repayment district within all or a portion of the District as agreed to
by the parties to the agreement. Such district shall consist of lands that will generate
revenues from any source, which revenues shall be allocated for deposit in the Federal
cost share fund and used for the purposes for which said fund is established by the
applicable provisions of the Act.
Section 801 - Zones Within Federal Repayment District
The federal repayment district may consist of separate zones of benefit established
pursuant to Article 2 of this Chapter. The types and levels of assessments or charges
levied within each zone shall be, as near as is practical, related to the benefits received
within each zone. The type and level of assessment or charge shall be uniform within
each zone.
Section 802 - Limitations on Alteration of Zones
Zones of benefit formed for the purposes of this Article shall be established,
altered or dissolved as provided in Article 2 of this Chapter, except that no zone
established as provided herein shall be altered or dissolved so as to impede or hinder the
District from fulfilling its obligations or responsibilities as a party to any agreement
entered into pursuant to Section 500.
-33-
CHAPTER 8. DRAFT
Article 2 - Zones of Benefit
Section 810 - Establishment
The District may establish zones of benefit to include any portion of the territory
of the District. Such zones may be established, providing the District makes the following
findings:
(a) The land or inhabitants within the zone will receive special benefit from the
services or programs provided within the zone or that special circumstances
require the District to extend a service or a higher level of service to the area
of the zone than that which is required in other portions of the District; or
(b) The land or inhabitants of the zone may be subject to additional charges or
assessments for the services or programs extended to the zone or for services
which are provided at a higher level than in other areas of the District.
Section 811 - Resolution of Intention
Upon making findings pursuant to Section 810 of this Chapter, the District may
adopt a resolution of intention to form a zone and to set a date, time and place for
hearing on said resolution. Notice of hearing shall be provided pursuant to Section 6066 of
the Government Code.
Section 812 - Report on Proposed Zone
Prior to the adoption of a resolution of intention, the District will direct the chief
executive officer to prepare a report describing the area recommended for inclusion in
the zone, the programs, improvements or services to be undertaken, and an estimate of
the amount of cost thereof. The report shall include an analysis of the ►method or
alternative methods by which funds shall be provided for such programs, improvements or
services, and the amount to be borne by each of the inhabitants and/or landowners within
the zone.
Section 813 - Circulation of Report
Upon acceptance of the chief executive officer's report and adoption of the
resolution of intention, copies of the report shall be made available to any resident or
property owner within the proposed zone and to any other person upon written request.
Section 814 - Hearing
No sooner than 35 days nor later than 70 days after the adoption of the resolution
of intention, the District shall hold a hearing and consider protests to the formation of the
zone. Any time prior to the conclusion of the hearing, any resident voter or landowners
within the District may file a written protest or withdraw a protest previously filed.
-3 4-
Section 815 - Protest Pr( lure UKA19 I
A protest by a resident voter shall contain his/her signature and an address
sufficient to enable the place of residence to be ascertained. A protest by a landowner
shall contain his/her signature and a description of the land owned sufficient to identify
same. A public agency owning land within the zone shall be deemed a landowner for the
purpose of making a written protest.
Section 816 - Validity of Signatures
For protests signed by a resident voter, the Secretary of the District shall compare
the names of the signers against the list of registered voters in the office of the County
Registrar of Voters. For protests signed by landowners, the Secretary of the District shall
compare the names and property descriptions on the protest against the property
ownership records of the County Assessor.
Section 817 - Inclusion and Exclusion of Territory
At any time prior to the conclusion of the hearing, the District include more to or
exclude territory from the proposed zone. In the event more territory is included, the
District will continue the hearing for a period of time sufficient for residents or owners of
land within the added territory to file protests as provided in Section 814 of this Chapter.
Section 818 - Majority Protest
A majority protest shall be deemed to exit if the District shall find that protests
filed and not withdrawn prior to the conclusion of the second hearing represents:
(a) More than 50 percent of the voting power of the resident voters residing within
the proposed zone; or
(b) More than 50 percent of the assessed value of the land within the proposed zone.
Section 819 - Effect of Majority Protest
In the event the District finds a majority protest exists, the proposal to establish a
zone shall be abandoned and no new proposal to form a zone, including substantially the
same purposes, shall be considered by the District to a period of two years following the
date of the conclusion of the hearing. If a majority protest shall not have been filed, the
District, within 35 days of the conclusion of the hearing, shall adopt a resolution
approving or disapproving establishment of the proposed zone.
Section 820 - Factors to Consider and Abandonment
Any proposal to include territory to or exclude territory from a zone shall be
subject to the same provisions and proceedings as a proposal to establish a zone, except
that:
(a) In addition to considering and weighing protests from residents or property
owners of the land to be included or excluded, the district shall also consider
and weight the protests of residents and property owners within the zone to or
from which the territory is proposed to be included or excluded; and
-35-
(b) In the event District finds a majority prote exists within ei 4 r mg-
territory or the affected zone or the territory to be included or excluded, the
proposed inclusion or exclusion shall be abandoned. The absence or existence of
a majority protest shall be determined as provided in Section 809 of this
Chapter.
In the event a majority protest does not exist, the District shall adopt a resolution
approving or disapproving inclusion or exclusion.
Section 821 - Procedures to Dissolve
Any proposal to dissolve a zone shall be subject to the same proceedings provided
for in this Article to establish a zone.
Section 822 - Initiation by Petition
A proposal to establish, dissolve, include or exclude territory from a zone, may be
initiated by a petition containing the signatures of no less than 25 percent of the
registered voters or landowners representing no less than 25 percent of the assessed value
of the territory which would be affected by the proposal.
Section 823 - Sufficiency of Petition
The Secretary of the District, in determining the sufficiency of a petition filed
pursuant to Section 813 of this Chapter, shall follow the same procedure for evaluating
protests as provided by this Chapter. Upon certification by the Secretary that a petition
is sufficient, the District shall undertake proceedings provided for by this Chapter.
0522J
-3 6-
- �• CITY OF HUNTINGTON BEACH
CA 87-17
COUNCIL - ADMINISTRATOR COMMUNICATION
MUNTwGTON CEACM
To Honorable Mayor and From Charles W. Thompson,
City Council Members City Administrator
Subject BOLSA CHICA SPECIAL Date January 30, 1987
DISTRICT LEGISLATION
Signal Landmark, Incorporated was successful during the 1986 congressional session in
having included in HR-6 (Omnibus Water Resources Bill) language that provides for a
mechanism by which Signal could receive a loan from the Federal government in the
amount of $44,800,000 for a portion of the Bolsa Chica project that would consist of
providing for water navigation, flood control, and protection of the Seal Beach Naval
Weapon Station.
In order for Signal to take advantage of the federal funding under HR-6, the state
legislature needs to establish a Special Purpose District in accordance with state la v.
This district is envisioned as being responsible for repaying the federal and/or non-federal
investment in the water project in Bolsa Chica.
To fulfill the requirements of HR-6, Signal has approached Senator Marian Bergeson and
requested her to introduce legislation that would create a Special Purpose District. The
bill, as authored by Signal, goes far beyond establishing a mechanism for a federal
repayment district (attachment 1). In essence it sets up a district to provide or contract
for every municipal service that a city or municipal government provides to a
geographical area plus services that would normally be provided by the county or existing
special purpose districts.
Staff ::as reviewed Signal's proposed legislation and has drafted an alternative to Signal's
proposal (see ,Attachment 2). This is only a preliminary draft and is currently under
review and refinement by city staff.
The third document for your information, is a position statement that has been prepared
by the County in response to Signal's proposed Special District legislation (Attachment
3). Members of the City Council and city staff, have met with Supervisor Wieder and her
staff to discuss Signal's proposed legislation. It appears from these preliminary meetings
that the city and the county share many of the same concerns over Signal's proposed
special district legislation. A follow-up meeting with county and city officials, Senator
Bergeson's staff, and Signal will be held February 5, 1987, in Supervisor Wieder's
,Administrative Conference Room, to further discuss and clarify city and county positions
as they relate to Signal's proposed legislative draft.
The last document I am including is a summary of important policy questions that city
staff has identified that need to be addressed by the City Council as it relates to the
proposed legislation (Attachment 4).
Bolsa Chica Legislation
January 30, 1987
Page -2-
In consideration of the significant policy issues surrounding Signal's proposed Bolsa Chica
special district legislation I will be bringing this matter up for discussion at the City
Council meeting cf February 2, 1937, under .administrative Items. At that time staff will
be recommending a study session be scheduled for February 9, 1987, at 7:00 p.m. for the
purpose of discussing various options open to the city regarding Boisa :Chica and to receive
City Council direction.
During the City Council study session Council may want to consider taking action on all or
part of the following courses of action:.
1. Consider opposing Signal's legislation if compromises can not be worked
out within sixty days of Signal's bill being introduced.
2. Consider employing the services of a lobbyist in Sacramento to closely
monitor legislation in the state capitol to insure city interests are protected.
3. Direct staff to begin a series of meetings over the next 50 days for the
ourrese of (1) findin, areas of muv al aL-reement _oncernin- ::r:eese�
!egist.._icn and (21 to work in conjunction wit Signals ro Cevelop a
pre-annexation agreement.
,-
City Administrator
CWT:paj
Attachments
SUMMARY
PROPOSED SIGNAL LANDMARK-BOLSA CHICA LEGISLATION
The city staff has reviewed Signal Landmark's draft legislative bill calling for the
establishment of a special district in Bolsa Chica. Staff's initial review of the proposed
legislation has raised a number of policy questions as it relates to the relationship
between the city and Bolsa Chica. The concept of providing a special district for the
purpose of providing for the development of an ocean access and Harbor, enhancement
and protection of wetlands, improving flood control, and providing for the construction
and maintenance of public marinas and associated uses are desirable objectives that the
staff would be willing to support and recommend to the City Council. However, the
current proposal by Signal Landmark goes far beyond this limited purpose.
The following is a synopsis of some of the more important policy questions that involve
Signal Landmark's proposed draft legislation:
ANNEXATION
The Bolsa Chica ties within the City of Huntington Beach's sphere of influence.
Bolsa Chica is completely surrounded by the City of Huntington Beach. The city
has. over the vears, shown every intention of the Bolsa Chica, at some point in time,
bein,- annexes into t,:e `_,lt`i o: 1 ,n-.:n-tcn 7>ac-. Staff woes not Oelieve that -. '
Dcs.ticn has chan-ed. annexation would serve the best interest -of the city- and the
future rest-`enriai and -:)mmercial t^a: ',vill he 'ocate- w;rhin i ol--a
Chica.
s _ :! n n 7 _ no t � • . "? ,7
dn:C ire-Zoning :nai r�'_1? :S :ne �:eC an. In :�15 h'3`i, WeTaV p,.t :O
rP.7 Of Tne _., ll_.'_r:-i$ zha. a!:c m .av a ve eg arc.,r'z e.r GL.ill t'r
to develop in Eoisa Chica. y V
WETLANDS
The creation of the Special District, with provisions to provide for wetland
restoration and continued maintenance of the 915 acres of wetlands, is appropriate
and consistent with city staff thinking and the adopted county LCP for Bolsa Chica.
MUNICIPAL SERVICES
The proposed legislation is extremely in terms of the special districts general
authority and dowers and would in effect- set up a "new form of government" which
encompasses Tany exiSting City, county, 3nC special District functions. There has
not Deen any tndica:ion of why Such broad powers are necessarx! and ',Nhy existing
govcr^mental authorities could not meet C;:'e :,ends oI the area.
Traditional municipal services such as; police, fire, water, sewer, solid waste
removal, and roadway development and maintenance are being proposed to be
provided by the special district. City staff believes that this portion of the
legislation is not in the best interest of the city nor of the future residents of Bolsa
Chica. These municipal services can be provided by the city or county at a much
more reasonable cost to the public than can be provided by a special district. Staff
believes that special district legislation needs to be modified to reflect municipal
services to be provided by either the city or the county. The special district should
be a limited purpose district and its scope and authority needs to be significantly
reduced.
SUPERVISOR WIEDER POSITION STATEMENT:
BOLSA CHICA SPECIAL DISTRICT LEGISLATION
Based upon staff review of the draft bill, and subject to further
- " discussion and information, it appears that saecial district legislation
Certain aspe::ts of the golsa CIZica project .
as ez_s We',_•3 :Harz. ap^ropriazely be hand?eL d; ::are'ltly.
'e attached summary of the b_ll' s purposes is used for reference.
Res--oration:
::c:::3Sary and 3pprC:Cr:3te for this pur70se , but it shC__-J
trv�'_jc WOr_ c:tp_ _C_.. 'r :or :Jtatz Department o: .is'- and GaLc
Cw;a:_:i: and _..ana?ement r "'e _. em:'._._s , _�'.l 7:..1i_C =u: nC1uG_":�
3`0t. c _or t e d__t_ _Ct ' � a'.1;. 0r__� I_na •__ c
ConzrCl ^rG .CC: _r, with an -_r_c.:dn
the c l:n . oc'6 Clontrcl _3._ _C I n
ar ndKed i .
Wa*er. Qual�
�e b `l sneul� authorize district to assume this respo:�s_bt__ty
a=C.0rda an dam_ ==_ne. W-th the 0unt .and Cit`%, _f a ne:.:d) .
yavi?able Ocean entrance Svst_m:
Ire bill should authorize this purpose to implement the federal loan:
and repayment program and to provide a mechanism for ocean entrance
maintenance and liability.
Page 2
Ceotechnical Consideration, Coastal Access and Recreation, Ener4v-Related
Facilities and Operations:
Subsidence monitoring and other geotechnical hazard analysis and
prevention should be the responsibility of the county (or ci_y , is
annexed) .
Public Works and Urban Infrastructure (includine utilities and
transportation systems) :
Water, sewer, fire, Dolice, Dower, solid waste removal , and road,..ays
should be provided for by the county (city, -- annexed) and Cxis_in_
_ocai d_str-C_s , unless it is determined tha: such a_,::c_es cannot
. w_l .Ct 07oV:d_ -1 _:i�3 and ser7«2 on 'usual terms a:.. :Ordit .o? S .
iC 71 S 1 at or. _S
Other:
The special district may also be necessary to provide for development ,
operation and maintenance of the public marina if the state, county
or city decline to serve in that capacity.
Rattler than su:�7or_ a bill providing for every :once_-,able gover:?mental
n,ction, 1 bell. e we . �oula a=tempt to rea h agreement among the
landowners, city, county and state agencies on the timing of future
annexation, and the" provision of local facilities and services by
existing agencies. Such agreement, or failure to agree, may then suggest
what powers beyond those identified above may be necessary and
supportable.
f
For now, we should pursue the special district legislation as a spot .
bill, vhile ,working- to 'achieve agreement that vould eliminate the need
for making the powers of the, district overly broad.
< a
Page 3
Perhaps this would be a pre-annexation agreement. I believe such an
agreement should provide that:
1. :annexation of the property will not be sought until the county
has gained the certification of a local coastal program for
the entire property and a development agreement has been entered
into to protect the land use approval interests of the property
owner.
�. The city and existing agencies. will provide water, sewer,
emergency ser,.;iczs and ocher local government functions provided
to other parts of the City of Huntington Beam.
MALKOFF
AND r
-.ASSOCIATES
-=- _- _- - 8 0 L S A CHICA PLA .yNIN6
- an Its Relationship Act District--
to
_ ..
Bolsa Chi_ca RCF_Policies -
- Prepared December-. ;
_The follo�iing is an abbreviated--discussion of_:ahe relationihip -of the--'_
proposed -Spec District District for : o1SA_Ehi-ca-to the adopted Local Coastal ._
_.�
. Program's_ Land `.Use Plan -polici es-for =that- same=Area:_--This " Tisting•- is ._---
- - - intended to help
_.._ clarify - the breadth-of-planning and- regulatory--issues
_d hfrw - n _h tority- could..cgntemplated for B01sa C6icA . _ ei. e _�y -
-_" - most reliably -provide oversight. -- :revenue_-_ management disbursements and-
_: regulation. All references to LCP policies_ wilt be=found in-.the December, - --
-19�� _deco;er�t an pages II-9 et sec _and:are .noted it--parentheses
- - - - keel ands -Res-aration ------ ----- -. .
r: i r.S t`e pre servati Q^t:,.C¢ i,a .{S4i n, ' main_enaM;lz a
enhancemenL o S1� acreS -0*==;�{�t1___q :a14.l.ty►-�fu Ilye-f ;r;cticr:nee _
t'C n• - r _- Ty4 fir.: '...�- '`� -__'
#r„$ - 14� 11 rCv,ui e'- 515+, , .'1CA;�2-_-C ..,t31._.,ua�s,---:.u��--Z�S`.Si -:--•---- -
- ...regulation, phasing-and monitorin 1 -
- - - - .-2 The LCP requjres 6redictability -and_long-tern"maintenance _�3 ana 5} - -_
-3. __ Assurance of adequate •water ,supplies- both -quality- and _Quantity.-
_ (3,_ 17 and 19) -- -
_..._ ._ ._ 4.--.-ideed to address and manage for -cant-nued _niloperations and. thei•r _- -'
- eventual removal.- (6, 9 and _
- --
=5,_:. -Prcvide educational and researcn`oRpornnitles:=.�.11� ---_-= --- = _-- -=-__: -
- -- - ._----- - ----— -
- - - = Flood Control - - - - - - --
_."�:.::�:_:_ :_-:_i...:---Improvements in and management of't4_ -Wi ntersbur9 flood Control _..
_..._..:.,_,. ._.. Channel.- (104 and 105) _ _ -- - -- - -
M.
,y., - __ —A
�+..,LT"�•r...rY _:mot _ - _ ... :3::lit
MALKOFF
:-- --801SA 011CA:_--: _'_-.: : -:.. _ `. _;_ -:---.._..__•-•.��D -_ .. .
Spcl.. Dist: ' vs ICP. Policies =.-. ASSOCIATES f -=
December 3, - 1986
-.-Page 2 . - - -
.77
Water Quality
l._..__-Protect all created waterways and wetlands. (16, .18,_-19 and 27)
_.: ._2Q- .:-.-Develop" W.Q. programs and monitoring.-:(17,-- 20-22) -
3, - .Monitor seawater intrusion. 26
Navi-gable Qcean Entrance System
maintain, and regulate the new oggan_ gntr�.nce, -system; assure , -
- -.:-- :funding and-.environmental soundness,---and mitigate-beach effects.- - -
_ (23-26, -27_-and 31 )
- - -_ - 7 L A4r :and.;,r.L'i e oc an ,run,. re.. A�.�
1'fJY1�G iC!' 7;`iranc�. v~'`�'� nci:_anC: arvte",Icn cY 'ddater:cL'a?l':'y
--.- Deatechnical Cons dera 4 ons
1. _ Provide for subsidence monitoring _(18)—_- - ---- - - -- _' - -
-
---- - Caa$taj Acpess and Recreation :
la '-= •Assure continued beach access.'"t26j--_
: _-_among-term provision, operatioct_:a�d maintenance 4f Public trails,-' _
- - - accessdays,- -and other recreational - amenities-, and regulation of-same.-
- (6, and generall all policies- 46-71
--— Energy-Related Facilities and Operations -
_ Provide for regulate cone;nued of 1-operati ons.- (6,: 9; B7-89, _91-92, _ --
nd
A....-� �.� 2._ =_Manage eventual phaseout of oil,._and-oddress oil'.-phasing -and urban- -
development_ (10, 90 and 93) ^ — == - ` . �. .:....
----._ - . -
• L.La.as.•.:�r.++�'a `6.«__ .. ra Y. •{c- }- .._r • .. a.r ....- .. ....
- - +BoLs�c —CHICJIc :. . __ : . _ AND =. •�` ...
—�-- Spcl, Qist. 'vs LCP Policies ASSOCIATES~%
-December..3,- 1986
_.:- .... .__ Page 3 -- = - -
-Works
_. ..and.. Urban Infrnstructure (including _ utiIities - -and . .._
- -transportation systems)
------The LCP contains - urban :land :-}tses_"that__�riil _: require _all normal .
--::services- associated with urban - development. This will . i_nlcude=-water;
=` : se�+e�, ,firer police, power, sot id _waste`removal,-' etc, = In addition, the
..-_.-creati an-of new local and regi Qna1. p°Qadyvays will be -�cco�iRl j 5h d under.. the ..--.-,` _:-
_ __. _. . ...:.hand- - Use Plan: Certain policie$-t- throughout --the LCP -address-: special .. . -_
-" considerations; governing policies--ors fQgnd generally--in 72-88_. and 96-
• 107. - --
-:-- _ Pro,ject Phasing, fipancing, O&M and Regulatory Considerations _•: -_
The ^ .CP, in polio?es 120•-126,.• describes act,,pns and prograris to- be
dCCOt� l i shed. Thr1ough, u t earl ter -Ac 11 i es._..however,• -are found s v-it-- enr.s
;bout 01M. --_ass,1'."3i:ces of tuna ing, _-the _deed or ;roper .rvgu 1 ::ions an'd
entnrcemen,. etc.- These will require
regulatory • sc7_ eme' -which is -
_ i ?Ve to the Ur 'tQ':2 ^,iX of lc�*i` uS05' $n i _�SSA!5 at $ � l,hiC3. _----
Taken ind;viGLally, e3c ) o'_- ttte;e- issue areas is- cerizrally
convEnt1ona1 in na.�4r. arc For +•hi-ch :there alrbticy .likely exists- a body Nf =�-
_. _ regulation _arid perhaps evert an agency-�vlth the:- proper- pur'r_iew; - But when
- - l ayered - together--at— Bo 1 sa, the rest'l t sugges is the- need and des i rabi l ity "
- for -a . sing?e. en�ity which can ._perfQrm __all .- or the - maJgrity. of. these -- .
- functions.- _ - — - _