HomeMy WebLinkAboutFile 4 of 9 - Bolsa Chica Annexation - Resolution 5670 - Sen r
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 29 , 1987 , and
Such bill -would create an independent island 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 ,sovereign governmental
_owers , 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 .
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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
Vciksburg , Mississippi and is projected to require 18 months to
complete .
4 . The land area includes extensive oil and energy
producing operations that would be affected .
5 . 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 of environmental consequences of the
legislation. Receipt of this information and sufficient time for
evaluation are critical to determining the viability of vesting
broad governmental powers in an independent special district .
2 .
1
90 'Committee hearings on the legislation are scheduled to
commence on April 29 , 1987 . The short time period since drafting
and introduction of the bill has not allowed sufficient time for
the City of Huntington 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 City Attorney '
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REVIEWED AND APPROVED:
City Administrator
3 .
6. Providing information on the potential project agreement with various agencies
concerning phasing, timing, financing, etc.
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7. Provide EIR addendums and provide further work on the Land Use Plan exhibits
including refined geotechnical data and illustrating exact alignments of roadways'.
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All this information is needed as part of the Coastal Commission's Confirmation review of
the LCP. The city will monitor the progress that is being made on these various reports
and studies and keep the City Council informed. Implementation of the final plan for the
Bolsa area may require amendments to the city's certified Local Coastal Program which
1 covers part of the planning area including Bolsa Chica State Beach..
The city staff believes that the city can conditionally support the land uses shown on the
mesa in the Bolsa Chica Land Use Plan with the understanding that it is recognized that a
number of issues, as identified by the Coastal Commission, still need to be carefully
studied during the confirmation process.
Funding Source:
None required. .
Alternative Action:
I (1) Totally exclude the water and sewer power from SB 1517.
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(2) Take no action at this time on the Orange County Local Coastal Plan as conditionally
II certified by the California Coastal Commission in January 1986.
(3) Pass a resolution requesting the legislature to defer action on this Bill.
Attachments:
Copy of the proposed amendment to SB 1517.
LCP Planning Process Flow chart
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CW T:RB/paj
2637a
SENATE BILL NO. 1517
Introduced by Senator Bergeson
March 6, 1987
CHAPTER I. INTRODUCTORY PROVISIONS
Article 1. Legislative Findings and Declarations
Section 1. This act shall be known and may be cited as the Bolsa
Bay Harbor and Conservation District Act .
Section 2 .
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AMENDMENTS TO SB 1517
Ch. 1, Art. 1, Sec. 2
The Legislature hereby finds and declares that certain coastal
wetlands and environmentally sensitive areas along the coastal
zone commonly known as "Bolsa Chica" in Orange County are subject
to the jurisdictions of many diverse and independent federal,
state, and local agencies, including.
Efforts to arrive at a suitable land use plan for the area have
been underway for over thirty years.
A portion of the area is unincorporated county area entirely
surrounded by the City of Huntington Beach.
The County of Orange has adopted the Bolsa Chica Land Use Plan
("LUP") for the unincorporated area which has been conditionally
approved by the California Coastal Commission subject to
confirmation review to address three general areas of concern:
(1) technical studies on the feasibility of an ocean entrance, (2)
preparation of a wetlands restoration plan; and (3) preparation of
a huntington harbour connection channel plan.
The Land Use Plan confirmation review has been required of the
Coastal Commission as an interim planning step between
certification of the Land Use Plan and completion of the
implementing actions program.
3.
The City of Huntington Beach has adopted, and the California
Coastal Commission has certified a Local Coastal Program ("LCP")
which encompasses the remaining areas which includes the ocean
entrance area seaward of Pacific Coast highway, portions of the
linear park area and the metropolitan water district south yard
parcel . The city has coastal permit authority over these areas .
Both the city and the landowner anticipate that the unincorporated
county area will be annexed to the city prior . to completion of
development as provided for in ,a Development agreement .
The State Department of Fish and Game, the Coastal Conservancy,
the County, and Signal properties, a Major landowner in this area
have prepared a Habitat Conservation Plan "HCP" pursuant to public
Resources Code 332037. The HCP encompasses both the County and
City areas .
The activities associated with final approval of and
implementation land use plans encompassing both the city and
county areas are complex and multijurisdictional .
This act is for the purpose of providing a mechanism of
interagency coordination of the processing and implementation of
such plans for Bolsa Chica the area as may be finally approved by
those agencies with jurisdiction over such lands.
The Legislature further finds and declares they have no provision
of this act is intended to prempt or otherwise interfere with the
Jurisdiction of the City of Huntington Beach.
4.
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Unless reauthorized this act shall expire on December 31, 19
Article 2. Boundary Description
No areas within the existing corporate boundaries of the City of
Huntington Beach shall be included in the special district.
Article 3 . Definitions
Section 100. Unless the context otherwise requires, the
definitions in this article govern the construction of this act .
Section 101 . 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 102.5 "City" means the City of Huntington Beach.
Section 103 . "Coastal commission" means the California Coastal
Commission 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 . "Commission" means the Bolsa Bay Harbor and
Conservation District Commission.
5.
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Section 106 . "County" means the County of Orange
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 108.5 "Federal Beach Nourishment Program" means the
current Federal sand replenishment program to replenish sand
between Anaheim Bay and Newport Beach pier.
Section 109 . "Federal funding" means the contingent authorization
of funds, if any, contained in the Water Resources Development Act
of 1986 enacted by the United States to construct txg a
AffV 4AbX0 ocean entrance and appurtenances and to protect
the naval weapons station.
6 .
Section 110 . "Habitat conservation plan" means a plan which
provides for the conservation of the habitat of fish and wildlife
resources as described in 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 basins, 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.
Sectiom 112 . "Holder of Title" or "landowner" means the owner of
record of the fee title to land, except that if the owner of record
of the fee title has conveyed the equitable title to the land by
way of a land sale contract and the contract or a memorandum
thereof is recorded, "holder of title" means the contract vendor
thereunder and not the record owner of the fee title.
Section 112a . Huntington Harbour connection means a navigable
channel between the ocean entrance and Huntington Harbour.
7.
Section 113 . "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 114 . "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,
1Y but does not mean improvements thereon or rights and
privileges appertaining to water, minerals, oil, gas, or other
hydrocarbon substances underlying the surface thereof .
Section 115 . "Land Use Plan" means that portion of the L'Arid/XM6
PZAA Bolsa Chica Land Use Plan that lies within the
unincorporated county area; the Land Use Plan does not include
areas within the corporate boundaries of the City of Huntington
Beach 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 conditionally approved by
the California Coastal Commission on January 8, 1987.
8.
Section 116 . "Legal representative" means an official of a
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corporation owning land and means a guardian, executor, or
administrator of the estate of the holder of title to land who is
any of the following :
(a) Appointed under the laws of this state.
(b) Entitled to the possession of the estate' s land.
(c) Authorized by the appointing court to exercise the
particular right, privilege, or immunity which he. or she.
seeks to exercise.
Section 117 . "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 California Coastal Act of 1976
at the local level .
Section 117a. The city' s local coastal Program means the local
coastal program for the incorporated area which has received full
certification by the Coastal Commission and pursuant to which,
permit authority was returned to the city as of March 14, 1985.
Section 118. "May" is permissive, and "shall" is mandatory.
Section 119 . "Navigable ocean entrance" means the system of
navigable waterways that provides for access between the Pacific
Ocean and the harbor facility and may include side jetties and an
off-shore sheltering breakwater.
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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 Untied
States of America and includes all bureaus, commissions, divisions,
departments, boards, agencies, committees, offices, and branches
thereof .
Section 122. "Visitor serving facilities" means the facilities
that fulfill purposes under the California Coastal Act of 1976 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 of assessable property.
Section 124 . "Resident voter" 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 plan" means a tS495/0HaX09
plan to establish, restore, and
preserve certain wetlands and environmentlally sensitive habitat
areas identified in the land use plan. � C
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Article 4. Establishment and Purposes
Section 140 . The Bolsa Bay Harbor and Conservation District is
hereby established in accordance with this act and is a public
corporation created to achieve all of the following purposes :
(a) 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
Land Use Plan/Local Coastal Program.
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(c) Administer and raise funds to repay the federal loan
cost share authorized by the Water Resources Development Act
of 1986, and to maintain in perpetuity such
facilities, structures, and appurtenances for the navigable
ocean openings and facilities to protect the naval weapons
station and waterways conducted with such funds as may
be authorized or appropriated by the federal
government.! in accordance with applicable state and
local rules and regulations.
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(d) Maintain and administer the facilities of a small craft
harbor landward of the Bolsa Chica ocean entrance.
(e) FtOVZd0//AA//Ad16g,4At0//ti6Atigt1l tide 0Xy//irifd//teeXXolet//And
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Provide for the financing and construction of water and
sewer facilities by the district.
(f) Administer and raise funds to construct and maintain
appropriate facilities, IAeX9diCA4;//,b&t//A6U I V //VV/
for (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, and (6) participate
in federal, state, and local beach nourishment programs.
(g) Exercise the powers which are expressly granted by this
act r6f/rf�r��tt2(tiCX /Yc� Xtr�eT.
Section 141. No provision in this act limits the power or
authority of AAY the city, county, or any state agency with
jurisdiction within the district to regulate land uses within the
district . tM24t///u(aly///b'a�// d// 6///pftcYt��Q't'//iEh //2i�gd1S/,
XAfOtY;1AA�//g'aVWVaT109XPz(f�/,CvE//�'h'e'/ �IbXY�/fiiY/��r�r6trdzfri��/�vS�tiIY/tN�
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Section 142 . If the state determines that its lands should be
included in the district, 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 those lands .
Section 143 . If state lands are included in the district, those
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 bvy the state, its assignees,
lessees, permittees, franchisees, or licensees or others shall be
subject to any uniform charges or surcharges as set forth in or
pursuant to this act . The state or its lands shall not be liable
for nonpayment of those fees, assessments, taxes, or charges .
Section 144 . If state public trust lands are included within the
district, any revenues collected by the district from enterprise
functions conducted on state lands, not needed to defray normal
operating expenses related to state activities conducted in the
district, shall only be allocated or spent for purposes consistent
with the public trust.
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SE!ction 145 . One of the purposes of the district is to facilitate
the coordination of the activities, programs, and powers of the
various federal, state, and local agencies Arid/1tA6//,CAjt1y11 W
HiMtX Fig EiM//dab with the harbor, wetlands, residents, and
landowners, in the project area!///7bfi'9'/1VYYY in an effort to
achieve an orderly, coordinated development that enables
restoration and protection of the Bolsa Chica wetlands,
construction of state and federally funded harbor facilities, if
authorized and approved, 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 fl[fltfo annexation to the city upon the
prior to tentative approval
of any subdivision maps.
This act shall not impair the state sovereignty over its lands
within the project area or impair the state' s ability to control,
operate, and maintain its lands and resources if included in the
district .
Section 146 . No provision in this act limits 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 .
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Section 147 . If any provision of this act or the application of
that provision to any persons or circumstances is held invalid, the
remainder of this act, or the application of that provision to
persons other than those to which it is held invalid, shall not be
affected.
S�r�P�Cdxi//gs�S!///TM�//�Sf d�fY�trdrl�//dP//PMtg//��P//gM�XX//l�r�//Xtl6�x`�XX�
Article 5. General Provisions
Section 150 . Nothing in this act changes or repeals any other laic
of this statel or preempts any provision of any city or
county ordinance or charter.
Section 151. 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 or her benefit and on his or her behalf be
exercised by his or her legal representative.
Section 152 . 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 or her signature shall be
effective.
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Section 153 . Except as provided in Section 2§142 of the
Government Code, no supervisor, auditor, clerk, or any other
officer or employee of the county shall receive any fee for any
service required to be performed under this act .
Section 154 . Fees payable to the Treasurer pursuant to this act
shall be those established by the Treasurer pursuant to Section
20018 of the Government Code.
Section 155 . Elections authorized by this act are subject to the
Uniform District Election Law (Part 3 (commencing with Section
23500) of Division 14 of the Elections Code) .
Section 156 . The district is a "district" as defined by Section
56036 of the Government Code. After 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 (commencing with
Section 56000) of Title 5 of the Government Code.
Section 157 . It is the intention of the city and
landowner/developer that the entire project area be ultimately
annexed into the city. In order to implement the Bolsa Chica Land
Use Plan before annexation, the landowners, the city and county
are hereby authorized to enter into an agreement for mutual
services prior to annexation to provide development rights, the
time for annexation and provide for certain municipal services
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such as water and sewer services . After annexation, the district
will continue to exercise its powers concerning funding of
wetlands restoration, maintenance and operation, federal
assessments and loan repayment of ocean entrance and marina
facilities, small craft harbor operations and related activities .
CHAPTER 2 . INTERNAL ORGANIZATION
Article 1 . General Provisions
Section 200. The district shall be governed by the Bolsa Bay
Harbor and Conservation District Commission. Except as provided
by Section 204 and Article 3 (commencing with Section 213) , the
commission shall be coposed of five members and shall have the
qualifications and shall be elected as set forth in Article 2
(commencing with Section 210) .
Section 201. The terms of office of commissioners elected
pursuant to this chapter shall be four years.
Section 202. Except as otherwise provided by this chapter,
elections for commissioners shall be called for and held to
coincide with the statewide general election in November of each
even-numbered year.
Section 203 . All vacancies in the office of commissioner shall be
filled as follows :
(a) Vacancies for commissioners elected pursuant to
Article 2 (commencing with Section 210) shall be filled by
appointment by the remaining commissioners or, in the
absence of a majority consensus or of a quorum, by the
board of supervisors .
(b) Vacancies for commissioners elected pursuant to
Article 5 (commencing with Section 240) shall be filled
pursuant to Section 1780 of the Government Code.
Section 204 . At any time after four years from the date of the
formation of the 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 on the commission to 7, 9 , or 11 and may
designate the first additional members to serve on the enlarged
commission.
The comission shall determine the term of office of each of the,
new commissioners so appointed, but in no event shall that term
designated by the commission be for more than four years . The
terms of office thus created shall be determined in a manner so as
to keep as nearly equal as practicable the number of commissioners
to be elected at each subsequent general district election. Upon
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the expiration of those terms so designated by the commission, the
position shall be filled at the next general district election and
general district elections held thereafter for the election of
officers .
Article 2. Election of the First Commission
Section 210 . The district shall initially be governed by a
commissioner composed of five members elected pursuant to this
chapter.
Section 211 . The first commission 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 2 (commencing with Section 210) and
this article shall be voters, as defined in Sections 123
and 124 .
(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 roll .
(c) No voter shall sign any more nominating petitions
thatn 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 oner 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) If an election is held, each voter shall have one vote
for each one dollar ($1) in assessed valuation of land
owned by the landowner.
(f) A majority of the votes cast shall be required to
elect a commissioner.
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Section 212 . The first commission shall classify itself by lot so
that 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 .
Article 3. Elections
Section 213 . Each voter shall have one vote for each dollar ' s
worth of land to which he or she holds title. The last equalized
assessment roll of the cunty is conclusive evidence of ownership
and of the value of the land so owned. However, the commission
may determine, by resolution, that the equalized assessment roll
of the county shall be corrected to relfect, 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.
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Section 214 . The commission 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 that 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 the 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
separatgely stated upon the roll, estimated assessed values,
theefore, shall be made by the county assessor and those estimates
shall, for the purposes 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 the land, and for that purpose, the county clerk may
consider such information with respect thereto as the county clerk
deems correct, proper, and appropriate.
a1
Section 216. 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 Section 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 specifies the election at which it is to be used.
An appointment of a proxy shall be used only at the
election specified.
(e) It shall be on a form as specified by the county clerk
as 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 has cast a ballot representing the votes for which the
appointment was given.
Section 217. Before a legal representative votes at a district
. election, the legal reprsentative shall present to the precinct
board a certified copy of his or her authority which shall be .kept
and filed with the returns of the election.
Article 4. Alternative Method of Conducting Elections
Section 220. The voting procedure within the district shall be
changed from that of a landowner voter , district to that of a
resident voting district at the time that the commission
determines by a resolution adopted pursuant to this article.
Section 221 . Between January 1 and March 30 of each year, the
secretary of the district shall inspect the assessable area within
the district .
At that time when at least 50 percent of the assessable area
within the district is devoted to and developed for residential,
industrial, or nonagricultural commercial use, or any combination
thereof, that fact shall be certified to the commission by the
secretary of the district.
If at any time after that 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 . The petition shall be signed by not less than 25
resident voters of the district who represent not less than 25
percent of the total number of resident voters of the district .
-3
Section 223 . The petition shall be substantially in the following
form: The secretary of the district, having previously certified
to the board of commisioners of the district that at least 50
percent of the assessable area within the district is devoted to
and developed for residential; industrial, or nonagricultural
commercial use, or any combination thereof, the undersigned voters
who reside within the boundaries of the district hereby petition
the board of commissioners thereof to hold all elections on the
basis of a resident voter district rather than a landowner voter
district .
Date Signature Address
Section 224 . Each petition shall be signed and dated by resident
voters of the district and shall show their residence address .
Section 225 . 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 .
i
Section 226 . All signatures on the petition shall be obtained
within the six-month period immediately preceding the filing
thereof .
Section 227 . 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 not more than three, persons
to be notified of the results of the examination of the petition.
Section 228 . Within 30 days of receipt by the secretary, the
petition shall be transmitted to the registrar of voters and
verified as follows :
(a) The register 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 peititon, and a
determination as to the sufficiency of the petition.
Section 229 . 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 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 peition.
Section 230 . If the petition contains at least 25 valid
signatures and if the total nunmber 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. As its next regular meeting following the
preparation of the secretary' s certificate, the commission shall
adopt a resolution declaring tha all future elections in the
district shall be conducted as a resident voter district rather
than a landowner voter election.
Section 232 . The secretary of the district shall file with the
county clerk a certified copy of the 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.
Section 233 . After adoption of the resolution by the commission,
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.
I
Section 234 . All commissifoners thereafter elected shall be
-' residents and qualified voters of the district at the time of
their election and during their term of office. The commissioners
need not be landowners .
Section 235 . At the first election of commissioners following the
adoption of the resolution by the commission 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 voter district.
Section 236 . The adoption of a resolution changing the method of
voting shall in no way invalidate any piror acts of the district,
its commissioners, officers, or employees .
Section 237 . 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 that
resolution and the obligations shall continue to be legally
authorized or isued obligations .
� 7
Article 5. Establishing Division
Section 240 . The district may be divided into as many divisions
as there are commissioners of the district .
The establishments of the divisions and the boundaries thereof
shall be made by the board of supervisors, which shall make tat
division, if requested, by a resolution passed by a majority of
the commission or upon a petition signed by a majority of eligible
voters within the boundaries of the district. The reolution or
petition shall be filed with the board of supervisors at least 120
days before the next general district election.
Section 241 . Before taking action on the petition or the
resolution requesting the establishment of divisions, the board of
supervisors shall hold a hearing and shall hear any evidence
produced to establish the validity of the petition or resolution
and any further evidence as may be necessary as to divide the
district into divisions.
Section 242 . Within 10 days after the hearing, the board of
supervisors, if it determines that the resolution or petition is
valid, shall immediately order the establishmemt of divisions in
the district as nearly equal in area as may be practicable and
shall file a copy of the order with the commission.
Section 243 . After the entry of the order establishing divisions
within the district, only one commussioner shall be elected from
each of the divisions so established.
Section 244 . The entry of the order dividing the district into
divisions shall not affect the term of any commissioner until his
or her term expires .
Section 245. At least 88 days prior to the next general district
election, the board of supervisors shall designate the divisiofns
from which commissiofners 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
comissioners shall be elected from the remaining divisions .
Section 246 . At the time 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 commission, makes it necessary to relocate the boundary or
boundaries of any division or divisions, the commission shall,. by
resolution, relocate the boundary lines of the division or
divisifons so as to equalize, as nearly as may be practicable, the
population in the respective divisions . However, no change in
division boundaries shall be made within four months immediately
preceding the election of any commissioner, and no change shall
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.
Article 6. Officers and Employees
Section 250 . The officers of the commission shall include a
president, secretary, and treasurer, and may include a vice
president .
Section 251. The commission may consolidate the offices of
secretary and treasurer.
Section 252 . The duties of the officers of the commission, and
any standing committee thereof, shall be described in the
administrative code of the district .
Section 253 . The officers of the district XXXXX may include
all of the following :
(a) The chief executive officer.
(b) The finance officer .
(c) An attorney.
(d) A chief engineer.
Section 254 . The officers of the district shall be appointed by
the commission and serve at its pleasure when those positions are
required to be filled.
Section 255 . All other officers and employees shall be appointed
by the commission and serve at its pleasure when those positions
are required to be filled and shall not be concurrently employed
by the landowner/developer corporation.
Section 256 . The commission, 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 . The duties, , responsibilities, and authority of the
officers of the district shall be 4j6YI5ti(XXY described in the
administrative code of the district and shall be exercised
according to the policies and standards established by the
commission.
50
Section 258 . All meetings of the commission shall be held and
conducted pursuant to Chapter 9 (commencing with Section 54950) of
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 times in
any one calendar year .
Section 259 . Compensation for the commissioners shall be fixed in
the administrative code in an amount not to exceed one hundred
dollars ($100) 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 to exceed 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.
CHAPTER 3. GENERAL POWERS
Section 300 . The district has the power generally to perform all
acts necessary or proper to carry out fully this act.
Section 301. The commission may adopt a seal for the district and
alter it at pleasure.
Section 302 . 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
ourtside of the district, necessary to the full or convenient
exercise of its powers.
3 (
Section 303 . The district may exercise . the power of eminent
r-
domain within its boundaries to acquire or improve any property
necessary or convenient to the purposes specified in this act .
The district shall have no power of. eminent domain outside its
boundaries.
Section 304 . The district may issue bonds, borrow money, and
incur indebtedness as authorized by this act . 96f///GtV(YV
z(��Xt��16X�/Xzis6,!
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 those obligations , and may
retire any indebtedness or lien that may exist against the
district or its property.
Section 305 . As to any service which the district may perform
pursuant to this act, the district may contract for the
performance . of that service by with the county, a the
city, another district, or any agency of the state or of the
United States .
Section 306 . In order to carry out this act, the district or its
authorized representatives have the right of access to, and may to
the extent permitted by the laws and Consitution of the state,
enter upon land within the district4'Ih ithY/r6t/i4AkAib4v ll6i6tRii$t;Cdri
of the owner or owners of the land.
The entry of the district or its authorized representatives does
not consitutie, 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 . 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 . 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 .
Section 309 . The district may disseminate information to the
public concerning the rights, properties, policies, and activities
of the district .
0
Section 310 . 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 commission and the duties of
its officers and commitees .
(b) The duties of and the extent and scope of delegation
of authority to the chief exeyutive 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
rdX,tJUXt9Y11Pti6 j6,tkY property owned by the district and
establishing the conditions under which the district will
engage in and maintain its services .
(e) The manner in which the commission . shall meet,
legislate, and generally conduct the business of the
district .
Section 311. The commission may adopt, 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 facilities to
persons or lands within or outside of the district or to carry out
any other provisions of this act, including provisions for the
collection of fees, charges, assessments, kii3f0g and the method
of enforcement, collection, and penalties for noncompliance.
Section 312 . The 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, standby, facility,
�. or other charges, or penalties or interest on any of those charges
or (2) land against which there is 6 delinquent assessment.
Section. 313 . At least 30 days prior to adopting the rules and
regulations, the comission OM shall adopt a resolution of
intention, set a date, and give notice of a public hearing on the
proposed ordinance establishing the rules and regulations . The
resolution and the notice shall gji6M6f2(XXY 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. In addition, the city and YMof county shall
be provided with 10 days written notice of any public hearings.
Section 314. After the rules and regulations have been adopted
and are in effect for 60 days or more, any violation thereof is a
misdemeanor.
Section 315. The district may enter into agreements with the
United States for purpose of accepting federal funds to construct
AAA such improvements and facilities as may be authorized
pursuant to federal, state, and local laws, and 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 that act.
Section 316 . The district may join with the United States, the
state, the county, X the city, a district, or other public
or private corporation, or one or more or any combination thereof,
for the purpose of carrying of any of the powers of .the district,
including, without limitation, provisions for the financing of
acquisitions, construction, developments, and operation.
CHAPTER 4 . WETLANDS CONSERVATION AND STATE LANDS
Article 1 . General
Section 400 . In order to carry out the Bolsa Chica Land Use
Plan/Local Coastal Program, the State Lands Commission and the
Department of Fish and Game shall establish and carry difiC
wetland restoration programs to be implemented in YHd1tr6
areas , in accordance with the Implemehtating Action Plan.
It is the intent of the Legislature, through this chapter, to
provide the means by which the State Lands Commission and the
Department of Fish and Game can implement those programs and
discharge those obligations in cooperation with the district
through such method as, but not limited to, the joint exercise of
powers .
Article 2 . Restoration of Wetlands and Transfer of
Additional Lands to State
Section 405 . The district may enter into an agreement with the
state and the ownrs of any lands within the .district to take the
action agreed upon by the parties to restore the wetlands and to
exercise all of its powers set forth in this act to implement that
restoration consistent with the Bolsa Chica Land Use Plan/Local
Coastal Program.
Section 406 . If the state requires ownership of additional lands
within the district, those lands shall be detached from the
district by the recordation of a deed from the owner to the state.
The state shall notify the district, in writing, of that fact and
file a certified copy of the recorded deed with the district at
the time of notice. Upon receipt of that notice and a certified
copy of the recorded deed, the district shall adopt a resolutin.
setting forth the legal description of the land set forth in the
deed, confirming the fact that the described lands are no longer
within the district.
A certified copy of the resolution shall be filed with the local
agency formation commission of the county, at which time the
detachment shall be deemed complete.
3 7
Article 3 . State Joint Exercise of Powers with the
District
Section 415. The state and the district shall enter into an
agreement for the joint exercise of powers relating to the
respective parcels of property within Bolsa Chica.
The agreement may provide for, among other things, the
restoration, creation, and preservation of the wetlands area; the
allocation of money and revenue collected from district and state
lands; the provision of services by the district to benefit state
lands; and the operation and maintenance o the harbor facility.
Section 416 . The Department of Fish and Game, in cooperation with
the State Lands Commission, and the district shall annually adopt
a budget and management program to implement the wetlands
restoration program:
The district and State Lands Commission shall provide, in the
agreement described in Section 415, the means by which funds shall
be identified and obtained from local and other sources, including
the wetlands conservation fund, to administer the wetlands
restoration program in perpetuity.
i
I,
Article 4 . Abatement of Solid Wastes
Section 420 . For purposes of this chapter, the district may
Aegg CZO///dv'//A,E`er.—!//HgMiCj6sr[L4p1Y,'///a1bV "tvVdti'// ,///Htt16
enter into contracts with private persons or other
governmental agencies to abate, collect, and dispose of solid
wastes . YHA/ /dS/�✓2i�,�25/ � /dY/ bi�dd�¢/
YHA/��'�h�//h'e'a'��'h'//z6YXaIZYY�,�/.6�f//t'h'd/sbiCXeIXYYH/ /�ilt'h'ifn'/YHr�
dZ,9YYteYA' The district shall assess a fee to the residents of
the district for the collection of weekly residential trash
collection and commercial and industrial collections.
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Section 422. For purposes of this article, "solid wastes" means
all putrescible and nonputrescible 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 semi-solid wastes .
ARTICLE 5 . FLOOD CONTROL
Section 425 . The purpose of this article is to provide for
coordination with other governmental agencies having jurisdiction
to control flood and storm waters„ or runoff from irrigation,
commercial, and residential sources, from either within or outside
of the distrct, that present a threat, potential threat, or what
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 those other agencies do not have specific
jurisdiction or programs to control or manage those flood, storm,
or runoff waters, the district may control and manage those waters .
Section 426. In carrying out this article, the district shall
cooperate with and comply with the ordinances, policies, and rules
and regulations of the Orange County Flood Control District.
7" d
CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS
Section 500 .
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�9ti idXetXrdA1///Xt//dA///a1aV:ldiVa't'e'cY/ kXXY I I&h,6,W//flaVVYilt'i!e's'///ref
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ocean entrance and harbor facilities are approved in accordance
with applicable laws, the district may enter into agreements or
contracts to operate, maintain, construct, or develop all, or any
portion, of these facilites with any federal, state, county, city,
district, or agency, or any combination thereof, having
jurisdiction over or authority to manage those ocean entrance
harbor facilities .
Section 501 . 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
facilities incidental thereto.
(b) The acquisition, construction, reconstruction, repair,
maintenance, operation, , development, and regulation of fueling,
loading, and unloading, towing, repairing, 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 . Any county, city, or other political subdivision or
agency of the state hereafter 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 writen consent of the State Lands
Commission, agree in writing that the district shall, for the term
stated in the writing, have all or any right, title, and interests
of the public agency and exercise all or any jurisdiction of the
public agency in the lands over the lands or any portion thereof .
Section 503 . 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 . Any rules and regulations adopted by the commission
for the use of harbor facilities and navigable ocean entrance may
include, but are not 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 forrrservice 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.
Ll
dy6�i�e�/dY`/�eSrlf�s6Y]Ced/]d�/gM�/dY�gfY�fL
(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. Funds collected
pursuant to this section shall first be utilized for sand
replinishment purposes specified in Section 509 of this article.
Section 505 . 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
any procedure which may be prescribed by ordinance.
Section 506 . The district may advertise its advantages and
solicit business within or outside the district, within other
states or any foreign countries, through its employees or agents .
Section 507 . For the purpose of carrying out fully this chapter,
the district may enter into an agreement with the state or the,
county, or both, for the operation and maintenance of any of the
facilities acquired, constructed, or within the jurisdiction of
the district pursuant to this article, including state lands.
Section 508. All or a portion of the ..harbor facilities and the
riz4014A16ZO ocean entrance may be constructed by funds provided
by the federal government pursuant to the Water Resources
Development Act of 1986 .
Section 509. In the event an ocean entrance is authorized,
6Aidd and constructed the district shall maintain the sand
supply to the Bolsa Chica State beach so that the mean high tide
line does not retreat landward from the line existing prior to
construction of the ocean entrance.
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CHAPTER 6. WATER & SEWER FACILITIES
Article 1
Section 600. The district shall finance and construct water and
sewer facilities necessary for development of the property within
the unincorporated territory of Bolsa Chica.
Section 601. At the time of connection of any residential or
commercial structure, improvement or group of structures or
improvements to the water or sewer systems acquired or constructed
by the district, the district shall dedicate and the city shall
accept all portions of said water and sewer systems necessary to
provide water and sewer service to said structures or improvements.
Section 602. Upon dedication of all or any portion of said water
and sewer system to the city, the city shall thereafter provide
water and sewer services on a uniform basis without discrimination
to all properties with water and sewer connections on the
'dedicated portions. The city shall operate such system to allow
the nondedicated portions to serve the project area in a timely
and reasonable manner.
5z .
Section 603 . City may impose a water rate and a sewer fee for the
provision of water and sewer services to users within district
which will cover the AttidAy cost to city of providing said
services including a reasonable surcharge.
Section 604 . At the time of dedication of the water or sewer
systems to the city a connection fee shall be paid in an amount
specifified by applicable city ordinances .
ARTICLE 2 - SEWER FACILITIES
Section 620. The district may acquire, construct,and furnish
maintain and repair facilities for the collection, transportation,
treatment, and disposal or reclamation and reuse of sewage.
Section 621. Any sewer system designed and constructed by
district and any improvements thereto shall be designed and
constructed in accordance with the requirements of the city for
such facilities and to be compatible and connect with the existing
systems within the city and must be approved by the City Engineer.
S�
Section 624 . The district may construct its sewers 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
district shall be done under the supervision of the city
department of public works at cost to the district and in
accordance with the standards established by the City of
Huntington Beach.
Section 628 . 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 that system if the property upon which the
structure is located had not been assessed for its share of the
cost of the acquisition, construction, or installation of the
sewer system or the landowner had failed to pay the assessment .
ARTICLE 3- WATER FACILITIES
Section 630. The district may acquire, plan, construct, maintain,
improve, and keep in repair the necessary works for the
production, storage, transmission, and distribution of water for
irrigation, domestic, industrial and municipal purposes (water
system) .
S�
Section 631 . Any water system designed and constructed by the
district and any improvements thereto shall be designed and
constructed in accordance with the requirements of the city for
such facilities and to be compatible and connect with the existing
systems within the city and must be approved by the City Engineer.
Section 632 . The city shall supply and deliver water to the area
during the development stage of the project at a reasonable charge
for providing such services .
ARTICLE 4
Section 640 . If the city is unable or refuses to accept
dedication of the service or water system or provide services
related thereto, until such time as the city is able or consents
to provide such services, the district may contract with another
agency for the services or, if no such agency is available,
exercise the powers set forth in section 641 and 642 of this
article shall be activated.
Section 641 . The district may acquire, control, distribute,
and
9X13tAgO any water, including sewage for the beneficial use or
uses of the district or its inhabitants .
Section 642 . District may impose a water rate and for provision
of water and sewer services within the district .
Ss
J
CHAPTER 7. FINANCIAL PROVISIONS
Article 1. Annual Budget
Section 700. The commission shall annually provide for the
appropriation of money 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 any source, including district revenues
specifically allocated for the purposes of Chapter 4 (commencing
with Section 400) .
(c) A federal cost-share fund whch shall consist of money
received from revenues specifically allocated for the purposes of
Chapter 5 (commencing with Section 500) .
(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 .
(e) A sand replinishment fund which shall consist of
money received from any source including district revenues
specifically allocated for the purposes found in 'section 509.
Section 701. 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 of the California Administrative
Code.
Section 702. 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.
-5-7
Section 703 . By September 15 of each year, the commission shall
adopt the final budget. Copies of the final budget shall, be
forwarded to the State Lands Commission, the Department of Fish
and Game, the City and County.
Article 2. Administration of Funds
Section 710. The commission may establish and transfer money from
the general fund to any other funds it, deems necessary to carry
out this act and allocate revenues to the fund in lieu of
allocating them to the general fund. . No revenues specifically
allocated to the funds described in subdivision (b) , (c) , (d) , or
(e) of Section 700 may be transferred or .allocated to any other
fund.
Section 711. 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. If 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 . 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. 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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Article 4 . Federal Repayment, Assessment
Section 730. Prior to the adoption of the preliminary budget each
year, the chief executive officer shall prepare a report
estimating the amount of money needd for the purposes of the
federal cost-share fund.
Section 731. If 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 repaymet district established
pursuant to Section. 800.
Section 732 . 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 . 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 (commencing with Section 810)
of Chapter 8 and 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 purposes of any assessment levied under
this article, the propserty so assessed within a given zone is
equally benefited.
Section 734 . 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 objectiions 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. 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. 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 six months following the conlusion of the hearing.
Section 737. 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. Revenues generated through assessments levied
pursuant to this article shall be deposited in the federal
cost-share fund and shall be used for the purposes for which that
fund is established.
Section 739. Assessments levied pursuant to this article shall be
a lien on all the property benefited thereby. Liens for those
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.
Section 740. No assessments may be levied by the district on
property outside district boundaries.
Article 5. Improvement and Benefit Assessments
Section 750 . The district may levy assessments to finance capital
improvements pursuant to the Improvement District Act of 1911,
(Division 7 (commencing with Section 5000) of the Streets and
Highway Code) , the Improvement Bond Act of 1915 (Division 10
(commencing with Section -8500) of that code) , and the Municipal
Improvement Act of 1913 (Division 12 (commencing with Section
10000) of that code) .
Section 751. The district may levy benefit assessment pursuant to
the Benefit Assessment Act of 1982 (Chapter 6. 1 (commencing with
Section 99700 54703) of Part 1 of Division 2 of Title 5 of the
Government Code) .
Section 752. All county officers charged with the duty of
collecting taxes shall collect, upon request of the commission,
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 . Assessments levied pursuant to this article shall be
a lien on all of the property benefited thereby. Liens for those
assessments shall be of the same force and effect as other liens
for taxes, and the collectin may be enforced by the same means as
provided for in the enforcement of liens for state and county
taxes .
Section_ 754. Assessments imposed pursuant to this act, shall be
limited to no more than one percent of the assessed value of the
property within the district.
Article 6. Rates, Charges, and Fees
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Section 764 . The commission may fig, regulate, and 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. Prior to fixing or amending fees or charges for the
parking of vehicles, the commission shall adopt, a resolutin 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 interested person to
review the proposed fees or charges the commission intends to fix.
Section 766. The proceeds of the fees and chargres 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. 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, and repairs.
G�
If the finance officer determines an excess exists, the commission
shall transfer the amount of the excess from the general funds to
the wetlands conservatin fund to be used thereafter for the
purposes and duties of the district as provided in Chapter 4
(commencing with Section 400) .
Section 768. The commission may fix and alter rates of wharfage
charges, slip fees, anchorage fees, and other charges for the use
or fight of use of any facilities constructed, owned by, or under
the control of the district, pursuant to this act.
Section 769 . The commission may establish an annual surcharge, in
additio to charges and fees authorized by Section 768, for use of
district-owned facilities, whether or not those facilities are
under control of the district, a lessee, or another governmental
agency.
Section 770 . Proceeds from surcharges collected pursuant to
Section 769 shall be deposited in the wetlands conservation fund
or the federal cost-share fund or the sand replenishment fund
for uses for whch those funds are established by this act . The
commission shall determine annually th disposition of the proceeds
of surcharges prior to the adoption of the annual budget.
Section 771. The commission may establish a schedule of charges
or fees pursuant to, and for any purpose permitted by, Chapter 13
(commencing with Sectin 54990) of Division 22 of Title 5 of the
Government Code.
Section 772 . 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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Ntt.�/iih//t;'h'e�/ttNtttPiCtri/.h�FJ/t;'h'e�/tt�SYNHYtrI,�/.�h/fihrt�E�fa�l//�Ya��'/alS/PHt
�SNtiCriN/tt/HXtl6ttl'N/tr�tttNLYHriXY/Nnt/ttttitttr�tttaiY/fz(tYYiCPttgl
SttfiCr6rt//777L///p(YY//�Sttte�4eIN//ftttti//fHt//Yr��f�//Nrird//tr�YYttYttrf//tf
tttH�SNr1t�/�t/a�ir�/gHKYY/h�/tt�tNtPtt//SvfY/LKt/�Eabt-/1faf�6�//�Sttgr�t�iNtYtri
fiiiit/AridlAttA A)WAx's'a'd'/PKtttNPttt/�dfY/tr�1Ya'/��It tNeN/ 18/ 'ile�s'/tf
LKt/�ItNttYtP/��ttN�tairlY/Yt/eNN�ditt/f/(tN �StYri�/ybYfH/SttPYtrt/LPlPI,�I
Article 8. Short—Term Borrowings
Sr�tfYtri/11�9'�Y///�lif1/�S�SHt�//S�//�itt¢Ttrd//Sb�Y/Pxt//S�fn4� /ttaj�Ittt�StrlPg
tf tYYY
trit�Itttvl/i�f'�/ldtPrdtt//r�bt�t//tf//Y�E�I�frt�5//ftt/�t-h�/PtNtNY/�aE�a�Y//iCN
N9ffiCtttriP/itb�/ tY/ ate✓/ pit /.tu'�a'/kSt//fYdp'n'aFe/s'E3'/ /Yt
Xtft9Y0//7/IttORWOAtiCA IA4A `(1V(YdWdWNZHZ0/ 1A&1 'a-vVIY
r6f/Et�fYNYt�i/Z/tf/?YPYt/8/r6f/LHt/BttfttriL/etttl
¢xx16txr//A/)V//(/c(a laVdWgr//0XJtM//SAUL 'S//A64,W4//,bf///B'a'v'V /9 16f
P1iC�itxiCdri/Y?!/df/tKr�/LOKtd�`/2dddL
2Kd///HHc+ttatY�l HYHr!///�1'i,ddd///�'�i�/,///Z,iSithY///p'a's'�a's�dt�'///teal///Yri��tfY`t rlaJ
iCrieTry}�P��Iri�Hg//��IfH�t�iriP//!!H//PxXr//QHK�SP�Y//�[LS�//Px�//H�l��//Yta�KPx.�
�H�b�fg,�/�t���f��5/✓/Hrid//1Ya�s'�Ydh's'itbritYif�'ila's'/�//LKs�//brda�n'c3'/ 6�f//dtf@�PHfH
dP/d/fLXYYf Ht��IY�i/y6�lP�f/dYgPfYeL!
9 9 9 y 16A//ZSV.///2He/ "ay/Itxdd/ /Pvawvsrvwvy/A6xLAX
��SYHddrit/�.6//9rera'�'ito�'s'/7YSYg /lIJ1.6/lJ!/,//a /7Y9YZ/AW/YMd1hV&b //2r609i
2x�//Q'ela(�r(Ysls�i'dvf//s'h'a'YY/ham✓/Lii�fd�//L�HgS��i�//�'d/�/�f Ht�cSPHKH�`�
AdfA9//p firsVai2V/A.d//rxrbHH//s'aYdWdh's A&/txH//Vie'aOt(W 'IZMk/,//tHh//AARAO
tIdmyHI//edsmtg4,//dgYIOxJ//eaa/ /,&W/&hk//ZhAtd//df
dtYdr�t dY�!/d P/d/�i�t�iYdY�xY/z6�lt df/dt Ht tYd t!
Article 9. Bonded Indebtedness
eXdfr�tHd//tHd//a�dtHdfYt�//�f�ld//!��//s'txbr`ya�d�'//tb�/�E.�//.�tb�b,�d,ibrid//Krill
YYRSYtAY16 Ax/Af/mva'Yiv4yv,/Z /gotx 16AlAfy .,W110V PAtY
S/.fyf//miC�fiCHYdri/lL8✓/dam/tHd/a�k�/iQ'di�'s�///2xe/ /sr'h'a'YY/Hd�fe�
�aYtx/�p��/r!d/txe/ /a'�/kSdrldH�//t-rh4Y/HzlAcSd//Sr/.S/r�rt-r5/,//�d�6dLH�
d�tti'eH�//2{rid//Ldt�6drigYYSYYYttdH//HH//ia'bf�//lYda'n'F1'/.bf// /bf//H
2aYYfdYritd/y6HtdY/dYttYYdtl
/uxaxa�ag/s/a�axa/ax/xssxsz/Kx�ra�x�s/xa�a�/�Ka�Kxu�x�y/g/axa�xxa/�Kx
r�'f383'SS/J�9nJ- /x��9'�/����9�94�//S//-��✓�K�Y.Y/r�'BZ3'S8/�4T1�49�//x��9'i
X91IAS AGAAR '/AM/AAAAA4GA.P//WY/a9/.sA4PAzAtVA�KW/VVW7/Pvv/rppw;r91
ra��aaacxa�/a�ax�/xaKaxaazxa/x/ax/xaxa���az�/ax/�rxxx
/xKx//Awe/rxansx x/A/rx
A0A Xxa//-WoW/a9/AAAAMAOAA( /70xx9/Agel Azr� 9790A0X
a91//Ia1D.AXAA)gA)aA)BPgl AAA///'�TR1�//` //PxX//A)V 1Y4W 'W /MATO
r�xxx//r��/Kxaxxavn�x�/��//•ra�v�/a�axas/��/�/zz/Ap�.���ar/�/s
Aux//rx�aR��xxa�//rxuxaxa�xa�/ram/�//����/Arv/�tz��//a�aaaxa�
ra�aaaxz�/axax�/xauaxazzxa/x/ax/xaxa��aa�/ax
r�xam/Aux/ruxza��xxxa/r�zxx/r��uxxxxa/�xac/xac/a���x�,�/xa�z�
rx�xx/��r�/AAA,�,���Ai/�xz///•/�.r/�a���/�xa//�w/zz/ /ax
u9XXppS/AY-YW/fdyTpypMq%;a), //yq4jq' 'J'/a9/AiedzW,9.DpAd/ 1,tla9)r R�J�Y��z
Kxzax�azAx//zxa�u��//�K�rxxx�r//am//xxx�aR�//xx�c//,�xa///rxBz//u�za�x$
f���d�$iCkSYYi'ft��/ 6�f//b'tYel/l6rd�f�I/�f//F3'Yn'a�cYb'dn's'/�f/�/�tYa'Yilf'dp'nlila�/�b�iPr�f
dY�P�`iC@r,l
CHAPTER 8. FEDERAL REPAYMENT DISTRICT, ZONES
OF BENEFIT, AND IMPROVEMENT DISTRICTS
Article 1. Federal Repayment District
Section 800 . If the district enters into an agreement to obtain
funds to construct ix6 a 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 .
That district shall consist of lands that will generate revenues
from any source, which revenues shall be allocated for deposit in
1
the federal cost-share fund and used for the purposes for which
that fund is established by this act.
Section 801 . The federal repayment district may consist of
separate zones of benefit established pursuant to Article 2
(commencing with Section 810) .
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.
5
Section 802. Zones of benefit formed for purposes of this article
shall be established, altered, or dissolved as provided in Article
2 (commencing with Section 810) , except that no zone established
as provided in this article shall be altered or dissolved so as to
ipede or hinder the district from fulfilling its obligations or
responsibilities as a party to any agreement entered into pursuant
to Section 500.
Article 2. Zones of Benefit
Section 810. The district may establish zones of benefit Ed
within XA9x9dd any portion of the territory of the
district. The zones may be established, providing the commission
makes either of the following findings:
a... (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.
(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. Upon making findings pursuant to Section 810, the
district may adopt a resolution of intention to form a zone and to
set a date, time, and place for hearing on the resolution. Notice
of hearing shall be provided pursuant to Section 6066 of the
Government Code.
0
Section 812 . Prior to the adoption of a resolution of intention,
the district shall 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 those programs, improvements, or services,
and the amount to be borne by each of the inhabitants or
landowners within the zone.
Section 813 . 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 . No sooner than 35 days or 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 . A protest by a resident voter shall contain his or
her signature and an address sufficient to enable the place of
residence to be ascertained. A protest by a landowner shall
contain his or her signature and a description of the land owned
sufficient to identify the land. A public agency owning land
within the zone shall be deemed a landowner for the purpose of
making a written protest .
Section 816 . For protests signed by a resident voter, the
secretary of the district shall compare the names of the signers
agains 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. At any time prior to the conclsion of the hearing,
the district may include or exclude territory from the proposed
zone. If more territory is included, the district shall 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 .
Section 818. A majority protest shall be deemed to exist if the
district finds that protests filed and not withdrawn prior to the
conclusion of the second hearing represents either of the
following:
(a) More than 50 percent of the voting power of the
resident voters residing within the proposed zone.
(b) More than 50 percent of the assessed value of the land
within the proposed zone.
Section 819 . If the district finds that 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 for a period of two
years following the date of the conclusion of the hearing.
If a majority protest has not 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 . 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 for both of
the following:
(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 weigh the
protests of residents and property owners within the zone
to or from which the territory is proposed to be included
or excluded.
(b) If the district finds that 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 determined as
provided in Secton 809 .
If a majority protest does not exist, the district shall adopt a
resolution approving or disapproving inclusion or exclusion.
Section 821. Any proposal to dissolve a zone shall be subject to
the same ' proceedings provided for in this article to establish a
zone.
Section 822. A propsal to establish, dissolve, or include or
exclude territory from a zone may be initiated by a petition
containing the signatures of not less than 25. percent of the
registered voters or landowners representing not less than 25
percent of the assessed value of the territory which would be
I
affected �by the proposal.
i
Section 823 . The secretary of the district, in determining the
sufficiency
of a petition filed pursuant to Section 813, 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.
Article 3. Improvement Districts
aIZHPtle,il/A //b' 4Yj6kf]6ZZH/ /aW&/it g5]KV d14iCHridH/AA4(�/,//ice'/PHe
Zy6�6YaS�iHztSHrfL///�IZgiCYiCHLg///�f�ld///�d�(�3'//�ytySri�tYa�lYt///�.6///�,��t///S
S�rCPZHrI/aSL88�/HP/Pal�'Y/8/r6f/OZ�fZHZaSrd/za/Hf/YKH/TAHLHt/¢rd��!
eJH�fHfrlRtHrfL/�'//irh�Yn'ow'a'fala�Yit/�IZHLY'itHPg/�//�h'e�/l�H�it�I/.6�f//F3'iln'ero't1'dp's'/r6f
HZHf�fZ�YH/v6YYxtri/H/¢HZZP6f Ht H/y6HPHr/fit s�PYZ�PI
Section 900.
f�//9'e�ctb'itd�Y/,6//HP//�f�lt�i'dYa�//�'YY7lti'/�b�//�.t'�//�8ddf�6t�i,�,d✓/Qr6�Igri[Y�IPZHrt
�Sr�HX�tgH//Ytti'ils'/ //Yg/fifY/H@�HYeiafrlHH/�v` ifY/PHH//��� /Hf/fai/ZdtAZ
AggAtyllarY//s'dh'ddY/ [insert name of requesting agency]
�6xiCEH//�IHHiCfH�//ZeaJtHZ�fZyH//�ltlft�tdYi!t'y//h'd/�tYa7/fIS�'/�//Z�//�ZH�JfX�i
H�eHPfiCH�//1.t�//�'tY'ils'/�iHP/faf�/]6�Er�H�tgH/�thiEY/HPHr�f/�bb�t�//ti6HZ�H/.tda�'/l6H
iCrIH�(ZfHQI/�'/H//.Lbbfa�J//Ha�H�i��/�tYSY/H@Hr6dZ/.6fU�'t�Yfibt//fbZZZ/�/Y�i�Hf f HMI
IdHHX�Hr�/.fed'vl.u�✓/a'ar'�/HfHXYHg/�8//h'sty/Hrt�/�//t�IftH�YYHrt!/.!' �//fHH
�rZ�zSH/r6f/ZrIPf�HYYr6�i.�/�Y/Z/HZYztUCriHYHH/X/HYYt+Rr�/�SY/tNYY�r�fiC�rf!
0607A
REQL_ST FOR CITY COUMIL ACTION
Date December 2, 1987
SdNitted to: .
Honorable•Mayor and City Council (�
Submitted by: Paul E. Cook, City Administrator
Prepared by: James W. Palin, Deputy City Administrator
Subject: The Bolsa Bay Harbor and Conservation District — SB 1517
Consistent with Council Policy? [ ) Yes [ ) New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Senator Bergeson carried over Senate Bill 1517 at the August 17, 1987 Assembly Natural
Resource Committee meeting because of numerous last minute amendments that had not
been reviewed for concurrence by the city or other agencies and groups. This action made
SB 1517 a two year bill.
It was Senator Bergeson's desire that all groups have an opportunity to thoroughly review
and discuss the amendments and submitt those amendments that City Council concurrs
with to her office during the month of December 1987.
RECOMMENDATION: f� /�/y.b) 4-
City Council accept and recommend to Senator Berson that she include those
amendments outlined in exhibit "A" numbered 2, 2.5, 9.5�14.5, 17.5, 18.1, 18.2, 18.3, 18.4,
21.5, 21.6, 42 and 43„ and reject amendments 18.5, 18.6, 18.7, 18.8, 32.5, 34.5, 36.5, 41,
44 and take no action on 29 and 31, for those amendments printed in the August 17, 1987
draft of Senate Bill 1517. Approve new additional amendments as outlined in exhibit "B"
numbered, 18.51, 21.0, 22.5, 32.51, 34.51, 36.6, 36.7, 40.5, and 41.1 and take no action on
44.1 and 39.5 at this time. a.-
ANALYSIS:
The city staff and special counsel will be prepared to review the proposed amendments
with the City Council at the December 7, 1987, study session.
Subsequent to the August 17, 1987 Natural Resource Committee meeting, staff and Signal
Landmark representatives held a number of meetings to discuss the amendments proposed
for inclusion in the August 17, 1987 version of SB 1517 which are outlined on Exhibit "C".
The majority of these amendments, State Lands amendments, Signal's amendments as well
as some prior city amendments were previously reviewed and endorsed by the City
Council with such action being communicated to Senator Bergeson's office.
Exhibit "C" also incorporated other amendments which the City Council had not reviewed
for a recommendation. Staff has prepared exhibit "A" which sets forth these amendments
in an attempt to reduce the confusion in review by typing the section from the bill as it is
being affected by the proposed amendment. Staff has discussed these amendments with
the City's Special Counsel, Katherine Stone, and it was the consensus that the City
Council accept all the amendments outlined in exhibit "A" except 18.5, 18.6, 18.7, 18.8,
29, 31, 32.5, 34.5, 36.5, 41, and 44. E
PIO 5/85
RCA
11/30/87,
Staff feels that amendments 18.5 through 18.8 are not necessary now that the bill only
authorizes three commissioners to be elected within the district and as the district is
extremely small therefore the election should be at large. .Article 5 of Chapter 2 in its
entirety should be deleted.
As to Section 32.5, 34.5 and 41, staff has concern with that portion of these amendments
having to do with the ownership aspect of the wetlands and has therefore recommended
that the City Council not concur with the August 17, 1987 draft. However, Special
Counsel and staff has developed alternative language as set forth in exhibit "B" attached
hereto for the type of ownership versus management of these wetland areas.
The staff of the Senate Natural Resource Committee has not yet agreed to the new
section of 409 (amendment #29) nor the deletion of Section 41'1 and' 412 (amendment
#31). Therefore, based upon staff's prior committment, we are recommending no action
on these amendments until there is concurrence by the Senate Committee staff.
On amendment 36.5, staff is now recommending that the last sentence of Section 500 be
deleted. There is a new amendment within exhibit "B" to replace this sentence.
In regard to amendment 44, staff is concerned now that the bonds procedure shall only be
used to acquire or construct public facilities there needs to be a tie between what
facilities the bond procedures may be used for and what infrastructure is required by the
State Map Act and local subdivision ordinances. Therefore, we have a new amendment for
your consideration in exhibit "B", but recommend no action at this time.
Exhibit "B" contains additional amendments being proposed for inclusion into SB 1517. As
stated previously in this report, these amendments are for clarification and technical
purposes to correct and eliminate conflict within the bill as well as substitute for those
amendments as outlined above.
There are also additional amendments being proposed by the Assembly 'natural Resources
Committee Staff for inclusion into SB 1517, however, as we have just received them on
November 30, 1987, we will bring them back to the City Council at the December 21,
1987 meeting for review and action.
FUNDING SOURCE:
None
ALTERNATIVE ACTION:
1. Not to endorse all the amendments as outlined.
2. Amend, at the City Council's desire, any of the amendments proposed herein.
3. After review, direct staff to amend new additional amendments pursuant to City
Council'discussion.
4. Reject all proposed amendments which may have a delaying effect on the legislation.
-2-
RCA
11/30/87 _ .
ATTACHMENTS:
1. Amendments to Senate Bill 1517, Exhibit A
2. New Amendments for Consideration, Exhibit B
3. August 12, 1987 Amendments to Senate Bill 1517, Exhibit C
4. Senate Bill 1517
JWP:lp
2097r
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t i
EXHIBIT "A"
AMENDMENTS TO SENATE BILL 1517
2 Sec . 4 . The Legislature further finds and declares
that no provision of this act is intended to preempt or
otherwise interfere with the jurisdiction of the City of
huntington Beach the State Lands Commission, the
California Coastal Commission, the Department of Fish and
Game, and the Department of Parks and Recreation .
No provision of this act is intended to
preempt the .California Coastal Act of 1976 (Division 20
(commencing with Section 30000 ) Public Resources Code),
or the provisions of the certified Bolsa
Chica Land Use Plan.
Article 2 . Boundary Description
2 . 5 Sec. 50 .
x�x
(b) If the State Lands Commission
determines that its lands , or a portion thereof should be
included within or excluded from the district in writing
of that fact and file a legal description of
those lands at the time of the
notice.
Upon receipt of that notice and a
certified copy of the legal description, the district
-1-
shall adopt a resolution setting forth the legal
description of that land and confirming the fact that the
described lands are 0X#plXX included within or excluded
from the district.
Within 10 days thereafter , a
certified copy of the resolution shall be filed with the
local agency formation commission of the county, at which
time incorporation or detachment shall be deemed
complete.
Article 4. Establishment and Purposes
9 . 5 Sec. 140 . (a) Carry out and fund implementing
action programs to restore, create, enhance, and
maintain in perpetuity the wetlands and environmentally
sensitive habitat areas within the coastal zone of Orange
County, identified by the certified Bolsa Chica Local
Coastal program.
14 . 5 Sec . 146 . No provision in this act limits 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, as long as the agreement does not
conflict with or preempt any provision of the certified
Bolsa Chica Local Coastal Program.
Chapter 2 . Internal Organization
Article 1 . General Provisions
17 . 5 ¢, /zk�f� /F��/ ➢��/1��'A� / XI�X/X�1��/3� �` /X �A�/1�� ,...�
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t i
�'��/¢f�A�A��'�`�X�➢�/��t�XX/�����i�A��'1�g/f�}��/i��x`1�/s��
Sec. 204 . All commissioners shall be electors of
the county.
18 .1 Sec. 221 . Between
December 1 and February 28 of each year , the secretary
of the district shall inspect the assessable area within
the district
18 . 2 At that time when at least 50 percent of
the assessable area within the district is devoted to and
developed for residential , industrial , or nonagricultural
commercial use, or any combination thereof, that fact
shall be certified to the commission by the secretary if
the district . Upon receipt of verification from the
registrar of voters pursuant to Section 228.
18 . 3 Sec . 231 .
s6Rti��' �`X9�T� After the preparation of the certificate,
the district shall hold a meeting and shall adopt a
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resolution declaring that all future elections in the
district shall be conducted as a resident voter district
18 . 4 rather than a landowner voter election . If at all
possible, the meeting shall be held in time to allow
residents to qualify as resident voters in the next
district election.
Article 5 . Establishing Divisions
18 . 5 Sec. 240 . The district may be divided into as many
divisions as there are elected commissioners of the
district.
The establishment of the divisions and
the boundaries thereof shall be made by the board of
supervisors , which shall make that division, if requested,
by a resolution passed by a majority of the commission or
upon a petition signed by a majority of eligible voters
within the boundaries of the district. The resolution or
petition shall be filed with the board of supervisors at
18 . 6 least Xz0 150 days before the next general district
18 .7 election. No petition shall be filed any later than 150
days preceding the next general district election.
18 . 8 Sec . 245 . At least $$ 120 days prior to the
next general district election, the board of supervisors
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 division.
Chapter 3 . General Powers
21 . 5 ¢,!/�X !/� �/ }� /��X / � / 9j1�X ��t /1��1� / 1�
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t
Chapter 4 . Wetlands Conservation and State Lands
Article 1 . Restoration of Wetlands and Transfer
of Additional lands to State
21 . 6 Sec . 400 . The district shall enter into an
agreement with the State Lands Commission and the
Department of Fish and Game, the owners of any lands
within the district, any agency or organization managing
the wetlands, and the project proponents to take any and
all actions agreed upon to implement wetlands restoration,
provide secure funding sources for wetlands restoration
and maintenance in perpetuity, and to exercise all of its
powers set forth in this act to ensure complete
restoration of the wetlands by implementing the wetlands
restoration plan in compliance with the Bolsa
Chica Local Coastal Program, when certified.
Article 2 . Relationship Between Wetlands Restoration
and Development
29 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.
-5-
31
Article 3 . Agreement between the District, the
State Lands Commission, _ the Department of Fish and Game,
and other agencies or organizations
32 . 5 Sec. 415 . The State Lands Commission, the
Department of Fish and Game , any agency or organization
holding title to or managing the wetlands, and the
district shall enter into a joint powers or other
agreements / � / �X� / X¢X /�X/��� � /XXX� / �
XYO relating to their respective parcels of property
within Bolsa Chica.
-6-
34 . 5 Sec. 416 . The Department of Fish and Game, in
cooperation with the State Lands Commission, any agency
or organization holding title to or managing the
wetlands, and the district shall annually adopt a budget
and management program to implement ftp1¢/yb¢�CXyf�ly�
��������XX9�1�/f�X/�/�1�XX�/Xk�i�¢��'�1�XP�9j/3�X�}�X1�/1���X�➢�9��`
the
ongoing maintenance and preservation of a functioning
viable habitat pursuant to the local coastal program, when
certified.
The parties shall provide, in the
agreement described in Section 415 , the means by which
funds shall be identified and obtained from local and
other sources , including the wetlands conservation fund,
to administer
the ongoing maintenance and preservation of the wetlands
pursuant to the wetlands restoration plan in perpetuity.
Chapter 5 . Small Craft Harbor Operations
36 . 5 Sec. 500 . If an ocean entrance and harbor
facilities are approved in accordance with applicable
laws , the district may enter into agreements or contracts
to operate, maintain, construct , or develop all , or any
portion, of these facilities with any federal or state
agency, county, city, district , or any combination
thereof, having jurisdiction over or authority to manage
those ocean entrance and harbor facilities . Nothing in
this chapter requires any of the above governmental
entities to enter into agreements or contracts with the
district even if the governmental entities acknowledge and
agree that the operation of the small craft harbor will
-7-
involve the district and private parties and that the
activities of all involved parties shall be coordinated.
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 .
Chapter 7 . Financial Provisions
Article 1 . Annual Budget
41 Sec. 701 . 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
of the California Administrative Code. Copies of the
preliminary budget shall be forwarded to the State Lands
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 .
Sec . 799 . (a ) No later than 120 days following
receipt of the district 's resolution of intention, the
board of supervisors shall be resolution make findings
regarding the following:
( 1 ) The extent to which the facilities or works to
be acquired or constructed with the proceeds of the bonds
are needed to accomplish the purposes of the certified
Bolsa Chica Local Coastal Program and are in compliance
with the limitations and conditions of that program.
-8-
42 ( 2 ) That the amount of the annual assessments for
standby charges, existing bond issues, and bonds to be
issued does not exceed 1 percent of the assessed value of
the lands within the district, based upon the county 's
latest equalized assessment rolls .
43 ( 3 ) That the proceeds of the bonds shall ¢¢¢
44 only be used to ¢ ¢XX¢/¢X/¢¢�¢¢X¢¢¢/�¢ ¢/¢�
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 .
9500d
-9-
7 . 8 EXHIBIT B
Page 9 . line 34 . 5: Insert Section 115. 5: (All new)
"Section 115. 5 "Land Use Plan Study Area" means those lands
contained within the Bolsa Chica Study Area Boundary Line as
shown in Exhibit 8 of the 1985 Bolsa Chica Local Coastal Program
Land Use Plan. The Land Use Plan Study Area includes both the
Bolsa Chica Segment Area as well as certain lands within the
- corporate boundaries of the City of Huntington Beach for planning
purposes. "
City, Jim Palin
V
11. 1
Page 12 , lines 11-15
Section 140 (c) . Enter into agreements with the State to provide
desired services which may include, but are not limited to, the
authority to construct, maintain, operate, and administer the
facilities of a small craft harbor landward of the Bolsa Chica
ocean entrance.
State Lands Commission, Curt Fossum
I
i
14 . 6
Page 14 , lines 12-19
Section 146. No provision in this act limits 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 as long as the
agreement does not conflict with or preempt any provision of the
certified Bolsa Chica Local Coastal Program or this act.
Staff ANRC, Paul Thayer
0
Article 2 . Election of the First Commission
18 . 0 Sec . 212 The first commission shall classify ~
Drafted itself by lot so that two commissioners shall hold
by City office until the last 'Firday in November 1988 , and
XY�0,0 one commissioner$ shall hold office
until the last Friday in November 1990 .
AMENDMENT TO SB 1517
18 . 51
City, Special Counsel and Staff
Chapter 3 . General Powers
21 . 0 Sec . 304 . 5 No bonds, assessments, or obligations `•
Drafted which constitute liens , charges , or encumbrances on
by City real property within the district may 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.
I
I
22 . 5
Page 30, line 27 . 5 (All new)
Section 405. The State Lands Commission holds title to in excess
of 300 acres of public trust lands within the Bolsa Chica area
which are operated and maintained by the Department of Fish and
Game as an Ecological Reserve. Notwithstanding any other
provision of this act, the State Lands Commission shall have the
right of first refusal to accept title to all lands not already
owned by the State designated in the Bolsa Chica Land Use Plan
for. wetlands. If the State Lands Commission does not accept
these lands, they may be conveyed to an agency or organization as
provided in the Land Use Plan.
State Lands Commission, Curt Fossum
AMENDMENT TO SB 1517
32 . 51 Sec . 415 . The State Lands Commission, the Department of
Fish and Game, or any public agency holding
title to the wetlands, or agency or organization managing the
wetlands pursuant to Sec. 400, and the district shall enter into a
joint powers or other agreements /#pf /��,�yf /¢�C¢�¢,��`¢/�S /��y6
relating to their respective parcels of property
within Bolsa Chica.
City, Special Counsel and Staff
r�
AMENDMENT TO SB 1517
34 .51 Sec. 416 . The Department of Fish and Game, in
cooperation with the State Lands Commission, or any
public agency ¢X/¢ ¢ X¢¢ X¢ holding title to the
wetlands, or agency or organization managing the
wetlands pursuant to Sec. 400 , and the district shall
annually adopt a budget and management program to
implement
/XWOO
the ongoing maintenance and
preservation of a functioning viable habitat pursuant to
the local coastal program, when certified.
The parties shall provide , in the
agreement described in Section 415 , the means by which
funds shall be identified and obtained from local and
other sources , including the wetlands conservation fund,
to administers /� X��� / �Y� X� /�X �/���/
the ongoing maintenance and preservation of the wetlands
pursuant to the wetlands restoration plan in perpetuity.
City, Special Counsel and Staff
36 . 6
Page 35, lines 6-11
Insert:
Section 500. If an ocean entrance and harbor facilities are approved in accrodance with
applicable laws, the district may develop, construct, operate and maintain all, or any
portion of these facilities, provided agreements are entered into by the district regarding
such activities with appropriate federal state or local agencies, the County, city, or any
combination thereof. Nothing in this chapter requires any of the above governmental
entities to enter into agreements or contracts with the district even if the governmental
entities acknowledge and agree that the operation of the small craft harbor will involve
the district and private parties and that the activities of all involved parties shall be
coordinated.
State Lands Commission, Curt Fossum
Added on by City:
the district may �dde4/i�if�/aukkfn(�afds/ kl�� �kb/d�e�r/a/t,��hd. i'rltfa/►h�,�bf�kid�idtlbf
6NWO develop, construct, operate and maintain all, or any portion of these facilities,
vGYth 40d provided agreements are entered into by the district regarding such activities,
with appropriate federal, oV state dge4�` or local agencies, the county, city, 4ti/sfdik�, or
any combination thereof d, l /i, /j�G►�ikflXdtl"ibh/ddddbt/ahftd�bkldyl,t�/►bl��gk/trNdskl���a(d►
�Ot'ddra'de�b/�b/f��l►/I�/c�(/ffa,�lLltlik�.
36 . 7
Page 35, line 20 (All new)
Section 500. 1. The public shall not be charged for or restricted
from use of any navigable waters within the Land Use Plan Study
Area except for health and safety purposes or protection of
wetlands and environmentally sensitive habitat. Only vessels
owned or operated by public entities may use navigable waters
restricted pursuant to this Section.
Staff ANRC, Paul Thayer
39 . 5
Page 37 , lines 27-35
Section 509. If a navigable ocean entrance is authorized and
constructed, the district shall be responsible for maintenance of
the ocean entrance and sand replenishment in order to maintain
the sand supply to the beaches within the littoral cell from
Anaheim Bay to Newport Bay consistent with the provisions of the
certified Bolsa Chica Local Coastal Program in the following
manner:
(a) the district shall participate pro rata in the existing
federal sand replenishment program based upon the lineal
length of shoreline occupied by the navigable ocean entrance
and including areas to accommodate the wave shadow effect
within the Bolsa Chica Land Use Study Area. Should the
existing federal sand* replenishment program be modified or
terminated and a new program developed, then the district
shall participate in such modified or new program on the
same pro rata basis with the City, State and County; and
(b) the district shall be responsible for any increase in
the costs of the sand replenishment program described in
subsection (a) which is attributable to sand loss caused by
the presence of a navigable ocean entrance within the Bolsa
Chica Land Use Plan Study Area, and the district shall bear
the burden of showing whether those increased costs are
attributable to causes other than the navigable ocean
entrance.
In addition to the above, the district shall also be
responsible to pay for the cost of maintenance and operation of
the navigable ocean entrance system that are not paid for by
federal, state, county, cities and other local agencies as
follows•
(a) any sand bypass system, if required, to transfer
sand from one side of the harbor entrance to the other;
(b) all maintenance, dredging and operations of the
ocean harbor entrance including off-shore breakwater and
required jetties and the harbor facilities as defined
by this act.
Payment shall be funded by the district by assessments, fees
or charges on lands or activities within the Bolsa Chica Land Use
Plan area boundary. Said assessments may be established
consistent within the benefits derived from a harbor entrance for
those lands and activities including, but not limited to, harbor
commercial uses, marina uses, slips and wharfage and waterfront
residences.
To provide assistance to carry out the responsibilities in
this Section, the district may seek contribution from other
governmental agencies, persons or entities. Also, the district
may enter into contracts in addition to the Federal program with
project sponsors, Federal, State and local agencies to secure
funds to carry out the responsibilities set forth above.
Nothing herein shall relieve the project sponsors from their
obligations to mitigate sand supply as set forth in the certified
Bolsa Chica Coastal Program, including the cost of construction,
maintenance or operation of any sand bypass system, if required,
to transfer sand from one side of the harbor entrance to the
other.
Staff City of Huntington Beach, Jim Palin
Signal Landmark, Russ Behrens, Mel Malkoff
State Lands, Curt Fossum
40 . 5
Page 41, line r19-20
Section 700 (c) . A wetlands maintenance and operation fund which
shall have funding preference over any other expenditures from
the general fund that are not designated to pay— Mx—M
obligations —Fixed obligations include contracts an o
indebtedness for capital facilities federal cost share
repayment, and sand replenishment.
Signal Landmark, Russ Behrens
1155700c.amd
11/16/87
n
AMENDMENT TO SB 1517
41 . 1 Sec. 701 . 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
of the California Administrative Code . Copies of the
preliminary budget shall be forwarded to the State Lands
Commission, the Department of Fish and
Game, or any public agency holding
title to the wetlands, or agency or organization
managing the wetlands pursuant to Sec. 400 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 .
City, Special Counsel and Staff
AMENDMENT TO SB 1517
( 2) That the amount of the annual assessments for
standby charges, existing bond issues, and bonds to be
issued does not exceed 1 percent of the assessed value of
the lands within the district, based upon the county 's
latest equalized assessment rolls .
( 3) That the proceeds of the bonds shall )fOY
only be used to ¢ �IjC¢¢/¢ /¢QSpl�`,t�`�(¢¢/y6�S¢jf¢/�d¢
44 .1 acquire or construct public works or public facilities
that are not required to be construced by a subdivider of
land in conjunction with a development project pursuant to
the State Development Act and implementing County and City
Subdivision Ordinances or that may be more specifically
defined by applicable county or city guidelines or
standards and outlined within
the development agreement specified in Section 149 .
City, Special Counsel and Staff
r�
1U:: 16 HtitiY. (-HLll' . •.7fY
FECOBD N 3 R a , 021831 PAGE SO. 1
EXHIBIT C Substantive
_ AMENDMENTS TO SENATE BILL NO. 1517
AS AMENDED IN SENATE JUKE 9, 1987 /
Amendment i
On page 3, line 23, strike out the blank and
insert :
.30237
Amendment 2
On page v, 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 A)FO
On page 7, strike out lines 17 to 20, inclusive,
in line 21 , strike out " (d) " and insert:
(b)
Amendment 3 s• •
On page •7, line 22, after "within" insert: �t
or excluded from
Amendment 4
On page 7, line 25, strike out "its lands Within
the district„ and insert : 3
those lands
Amendment 5 s• L '
insert:
On page 70 line 29, strike out "within" and 4Y
3
included within or excluded trom
Amendment 6
On page 7, line 33, after "incorporation" R�
insert:
or detachment
Amendment 7
On page 9, strike out lines 11 and 12 �• �'
i
HUB_ 1cf 'U( lit:U(' Hb':)Y .
65879 ( 87223 12: 29
SBCORD # 40 BP: RA 87 021831 p1GE NO, 2
Amendment 7. 5 s•L •
on page 8, between lines 29 and 30, insert: jr�
Sec. 110.5. "Harbor commission" means the Bolsa
Bay Harbor and Conservation District Commission.
Amendment 8 S•4 •
On page 10, line 31, after "includes" insert: • Z 49
any and
Amendment 9
On page 10, between lines 33 and 34, insert: ' •
Sec. 120.5. "State Lands Commission" beans the
state agency holding title to and management authority and
responsibility over the status sovereign and public trust
lands.
Amendment 9. 5
On page 11 , line 27, after "restore, " insert:
create,
Amendment 10 �•� ' ""`�
On page 11, line 400 strike out "maintain" and C/o
insert:
Bnter into agreements vith the state to provide desired
services which may include, but are not limited to, the
authority to maintain
Amendment 11 �•�-
on page 12, ling 12, strike out +Nothing" and �r
insert:
Nothing
Amendment 12 5•� •
on page 12, line 190 strike out *state" and
insert:
State Lands Commission
Amendment 13 s.�.
on page 13 , line 16, after „trust" insert: 3
AuG 12 18'1r 10:0'. H'SSY. CHLLjEH° `I
V.I4I 7
RECORD 0 5Q P. R! 8 . �21831 PAGE NO. 3
as determined by the State Lands Commission Amendment 14 S/G/V *44,
on page 13, liners 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 A)E LJ
On page 13 , line 39, after "area" inserts
as long as the agreement does tot conflict with or
preempt any provision of the certified Eolsa Chic& Local
Coastal program
Amendment 15 �T/
On page 14, line 11, ,strike out "on or before ¢
January 1 , 1988,"
Amendment 16
On page 140 line 20, after "state" insert;
unless expressly Sao stated
Amendment 17 :5 A340
On page 14, lines 22 and 23 , strike out
"providing a level of environmental protection less than 1 3
that off' and insert:
preempting
Amendment 17. 5 w
on page 17, strike out lines 7 to 25, inclusive,
in line 26, strike out "sec. 205. " and insert:
Sec. 204.
Amendment 18 5/4,)i94.
On page 17, strike out lines 37 and 38 WAI
Amendment 18. 1 A tA-)
On page 20 , line 21, strike out "January 1 and
!larch 3011 and insert.-
December 1 and February 28
i
I
-� �_10:08 A-SSY`"`,ALDERON 87 22P.Six: 29
RECORD # a IF 67 021831 PAGE 00. 4
Amendment 18. 2 loff
W
on page 20, line 28, after "district" insert:
upon receipt of verification fros 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 he held in tine to
allow residents to qualify an resident voters in the next
district election.
Amendment 18. 5
On page 23, line 34, after "are" insert:
elected
Amendment 18. 6
on page 241 line 1 , strike out "120" and insert:
150
Amendment 18. 7 A.)
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 /) E10
On page 24, line 21 , strike out "88" and insert:
120
Amendment 19
on page 26, line 24, after "any" insert: ram.
private
auG 1_ '8" 10:09 assr. CALU ti 872&`,:G.12; 29
RECORD R 6( 9F 8'! 021831 PAGE NO. 5
Amendment 20 5`4
On page 26 , line 26, after the period insert; x /60
However, in no case ' sball the district exercise its poser
of eminent domain in a manner which results in a not
reduction of wetlands acreage, environmentally sensitive
habitat areas acreage, or fish and wildlife habitat values.
Amendment 21 te�'-! TY
On page 26, between lines 37 and 38, insert :
Sec. 304.5. No bonds, assessments, or
obligations which constitute lions, charges, or
encumbrances on real property within the district may 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 /.'CLj
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" F �
Amendment 22 L ,
On page 29 , line 23, after "Program" insert:
, when certified F/�
Amendment 23 15.4L
On page 29, line 25, after the second "lands"
insert : aw /f
at the option of the state,
Amendment 24 -5.4 .
On page 290 lines 26 and 27, strike out "by the p 2 D
RUG 12 '97 10:09 ASS`f. DERON P.7
65879 87223 12: 29
RECORD N 7 JF: R4 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
75�
amendment 25
On page 29, strike out .liners 28 to 39, inclusive .02.1
Amendment 26
On page 30, line 14 strike out "shall" and �'�
insert: ��� '
say
Amendment 27 t5•4
on page 30, lines 2 and .3, strike out "bp the =23
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
Amendment 28 .5•4
On page 30, line 4, strike out "discharged" )'Z LI
Amendment 29
On page 30 , between lines 8 and 9, :insert: s /40A
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 Focal 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.
I
Amendment 30 'J • C •
On page 30, line 16, after the period insert:
However, the initial deposit of one thousand eight hundred
dollars (i1, 600) per dwelling unit does not in any way
AUG 12 '87 10: 10 ASS1'. CALT )I'I $7 x:F'.S 12 s 2�1
RRCO RD A 8� 5_ _ RN
021631 PAGE NO. 7
limit the district 's authority to levy additional
agendments on the Mesa area as may be needed to assure
adequate funding to accomplish restoration and maintenance
of the wetlands and environtentally sensitive habitat
areas, as specified in the Bolsa Chica Land One Plan.
Amendment 31 /-)E
On page 30 , strike out lines 17 to 40, inclusive,
and on page 31, strike out line 1
Amendment 32 LJ
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 Pish and dame, and other agencies or
organizations
Amendment 32. 5 A3
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
zl
joint exercise of powers relating to the" and insert:
relating to their
Amendment 34 �j, •
On page 31 , line 12, after the first "then .� I
insert:
ongoing maintenance and preservation of the restored
Amendment 34. 5
do page 310 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:
AUG 12_Sr _10: 11 ASSY. DERON 8721F.912: 29
RECORD # 9� F . EN( 87 021831 PAGE 50. 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 o- 3
insert.-
the ongoing maintenance and preservation of the wetlands
pursuant to the wetlands restoration plan in perpetuity.
lmendeent 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 '.e:1�Y
On page 350 line 29, after "entrance" insert : y
, 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: eff Y
Sec. 605. Neither the district nor the, city may
imFose a water rate or water fee on the delivery,
tranismission , or provision of Unappropriated noapotable
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 saintenance of the wetlands.
Nonpotable water includes, but it not limited to, feasible
runoff arieing from the southern bluffs and thq
wiatersburg Flood Control, channel and tidal waters.
AUG 1 87 10: 11 ASSY. CHLDER01" ••• �•r. l� • • • -
RECORD t 120 HF : AN 87 '1831 PACE 00'. 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 consents to
the harbor commission on the adequacy and sufficiency of
the budget for contribution to the fonds identified in
subdivisions (b) and `c) of Section 700.
Amendment 42 A)
On page 480 line 8, after "of" insert:
the annual assessments for standby charges, oxisting bond
issues, and
Amendment 43 IA.)
On page 480 line 12, strike out "not" and
insert:
only
Amendment 44 1V �
On page 46, 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.
0
1
' P
AiwENDED IN,: SE BLY AL. UST
AMENDED IN SENATE E,.9; 198T---
AMENDEDD IN SENATE JUNE-2, 1987.':.'..
t
" AMENDED IN SENATE MAY,20, 1987
AMENDED �N SENATE ENATE MAY 14y 1987
;a AMENDED IN'.SENATE MAY 11, 1987
. AMENDED IN SENATE MAY. 4•,. 1987
' SENATE BILL . No. ..1 1
Introduced by Senators ergeson,and, Seymour
..:7 (Coauthors: .Assembly Members Dennis Br®wn, Ferguson;
- and Frizzelle) . ,
?March 6, 1987 s
-An . act relating to conservation district and and in this
connection, to create the Bolsa Bay Harbor'and Conservation
District,.prescribe its boundaries, organizations, 'operations,
manage , ent, financing, and other powers and duties.
'LEGISLATIVE COUNSEL'S DIGEST-.
SB . 1517, as amended, Bergeson. Bolsa Bay, Harbor and
Conservation'District.
(I)K-Existing law sloes not establish a special district for the
Bolsa Bay Harbor area.
This bill would•_ enact the Bolsa Bay Harbor and
Conservation District Act which would, subject to specified
conditions, establish the Bolsa Bay Harbor and Conservation
District within a specific area of the unincorporated territory
Y of ,Orange County, .to provide; among other things, for
implementation of the certified Bolsa Chica Focal Coastal
Program, as prescribed, and construction of specified harbor
W 40
SB 1517 — 2 —
and related facilities, including water and sewer facilities. T.
bill would specify the powers and duties of the district a.--,
provide for the management and financing of the district.
The bill would impose a state-mandated local program by
requiring the Board of Supervisors of Orange County to
conduct a formation election, as prescribed, by requirnng
specified county and city officers to perform specified duties,
and by making violation of specified rules and regulations of
the district a misdemeanor.
(2) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the . state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that no reimbursement is required
by this act for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1
2 CHAPTER 1. INTRODUCTORY PROVISIONS
3
4 Article 1. Legislative Findings and Declarations
5
6 Section 1. This act shall be known and may be cited
7 as the Bolsa Bay Harbor and Conservation District Act.
8 Sec. 2. The Legislature hereby finds and declares that
9 certain coastal wetlands and environmentally sensitive
10 areas along the coastal zone commonly known as "Bolsa
11 Chica" in Orange County are subject to the jurisdictions
12 of many diverse and independent federal, state, and local
13 agencies. Efforts to arrive at a suitable land use plan for
14 the area have been underway for many years. The major
15 portion of the area is unincorporated county area entirely
16 surrounded by the City of Huntington Beach.
17 The County of Orange has adopted the Bolsa Chica
18 Land Use Plan for the unincorporated area which, has
19 been conditionally approved by the California Coastal
20 Commission subject to confirmation review to address
92 4io
r
r
—3 -- SB 1517
' 1 the following general areas of concern: (1) technicai i
2 studies on the feasibility of an ocean entrance, (2)
Y 3 preparation of a wetlands restoration plan, and (3)
4 preparation of a Huntington Harbour connection
r 5 channel plan.
6 The Land Use Plan confirmation review has been
' 7 required by the California Coastal Commission as an
f 8 interim planning step between certification of the Land 4."
9 Use Plan and completion of the certification of the Bolsa
10 Chica Local Coastal Program.
r
' 11 The City of Huntington Beach has adopted, and the
` 12 California Coastal Commission has certified, a Local
13 Coastal Program for areas which surround the Bolsa Ilk
14 Chica which includes the ocean entrance area seaward of '
15 the Pacific Coast Highway, portions of the linear park
16 area, and the Metropolitan Water District south yard
17 parcel. The city has coastal permit authority over these
18 areas. Both the city and the landowner anticipate that the
19 unincorporated county area will be annexed to the city
20 prior to completion of development as provided for in a
21 development agreement.
22 The Department of Fish and Game, the Coastal
23 Conservancy, the County of Orange, and Signal '.
t Z4 Properties, a major landowner in this area, have prepared
25 a Habitat Conservation Plan pursuant to Section l / 1
26 30237 of the Public Resources Code. The plan
27 encompasses both the county and city areas.
28 The activities associated with final approval and
29 implementation of land use plans encompassing both the
30 city and county areas are complex and
31 multijurisdictional.
32 This act is for the purpose of providing increased
33 management options for and a mechanism for
34 interagency coordination of the processing and
35 implementation of the plans for, Bolsa Chica within the
36 area as may be finally approved by those agencies with
37 jurisdiction over the lands.
38 Sec. 3. The Legislature further finds that there are
' a 39 mineral rights in, and oil and gas operations being
_ 40 conducted on, the Bolsa Chica lands. This act is not
f
92 80
SB 1517 —4 —
1 intended to subject these mineral rights or oil and gas
2 operations to any of the assessments, fees, or taxes which
3 may be assessed or levied as a result of this act, except to
4 the extent of any benefit conferred thereon. The
5 relocation, consolidation, wetlands restoration, and the
6 marina, residential, and commercial development
7 pursuant to the certified local coastal program will not be
8 a benefit to the mineral rights and oil and gas operations
9 as defined in this act.
10 Sec. 4. The Legislature further finds and declares that
11 no provision of this act is intended to preempt or
12 otherwise interfere with the jurisdiction of the City of
13 Huntington Beach, the State Lands Commission, the
14 California Coastal Commission, the Department of Fish
15 and Game, and the Department of Parks and Recreation.
.16 No provision of this act is intended to preempt the
California Coastal Act of 1976 (Division 20 (commencing
18 with Section 30000), Public Resources Code) ; eT to
19 pfevide a level of less
20 p�aie�r e€the eertified Relsa Ghiea Lid Use 2`Yttrrftflyl
21 L of Ote Galifefniet Geetstal Aet- e€ �97-£; of afl-y
22 }messed by the Galiferttift Gea4
1 23 Ceffimiss pefsttaftt to the Galifafniet Geetstal Ae+ of
24 1976: or the provisions of the certified Bolsa Chica Land
2 Use Plan.
' 26
27 Article 2. Boundary Description
28
29 Sec. 50. (a) The Bolsa Bay Harbor and Conservation
30 District shall consist of those lands in the unincorporated
31 territory of the County of Orange, State of California,
32 being that portion of Section 28, Fractional Section 29 and
33 Section 34 in Township 5 South, Range 11 West, as shown
34 on the map of Rancho La Bolsa Chica recorded in Book c
35 51, Page 13 of miscellaneous maps, in the office of the
36 county recorder of the county, together with that portion
37 of Section 34 and Fractional Section 4 in Township 6
38 South, Range 11 West, as shown on the map of Rancho Las
39 Bolsas recorded in Book 51, Pages 13 and 14 of the
40 miscellaneous maps and together with that portion of
92 1M
--5— SB 1517
1 Fractional Sections 30, 32, and 33 in 'Township 5 South,
2 Range 11 West, San Bernardino Meridian, according to
3 the official plat Piled in the District Land Office, all as
4 more particularly shown on the map filed in Book 92,
5 Pages 19 through 28, inclusive, of Records of Surveys, in
6 the office of the county recorder, described as follows:
7 Beginning at a point in the existing boundary line of
8 Orange County Sanitation District No. 11 as established
9 by Annexation No. 15 to Orange County Sanitation
10 District No. 11, that point being the northwesterly
11 terminus of that certain course described as "North
12 34°02'21" West 604.70 feet" in that Annexation No. 15, that
13 point being also South 0°10'16" West 30.00 feet and North
14 89°21'40" West 640.00 feet from the intersection of the
15 centerline of Bolsa Chica Street, 60.00 feet in width, with
16 the centerline of Los Patos Avenue, 60.00 feet in width,
17 as vacated by the Resolution of the Board of Supervisors
18 of Orange County, California, recorded July 15, 1943, in
19 Book 1197, Page 424 of Official Records, in the office of
20 the county recorder; thence in a general southeasterly,
C.0 21 northeasterly, and easterly direction along the existing
22 boundary line as established by that Annexation No. 15 to
23 an angle point therein, that point being the easterly
244 terminus of that certain course described as "North*
( c 25 75°43'04" West 373.65 feet" in that Annexation No. 15;
26 thence southwesterly, westerly, and southerly along the
27 existing boundary line, as established by the annexation
28 to Orange County Sanitation District No. 11 described in
29 the Resolution of the Board of Supervisors dated
30 November 20, 1957, to an angle point in the formation i
31 boundary of Orange County Sanitation District No. 11 as
32 described in the Resolution.of the Board of Supervisors of
33 Orange County dated January 6, 1948, that point being a
34 also the southwest corner of Section 34; thence southerly
35 and westerly along the existing boundary line as
36 established by that formation boundary to a point on the
37 northeasterly right-of-way line of the Pacific Coast
38 Highway, 90.00 feet in width, as shown on Sheet 7 of that
39 map filed in Book 92, Pages 19 through 28, inclusive, of
�. � 40 Records of Surveys, that point being also in intersection
92 120
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SB 1517 -- 6 ---
1 of that northeasterly right-of-way line with the west line r
2 of the northeast quarter of that Fractional Section 4 and
3 an angle point in the boundary line of Annexation No. 12
4 to Orange County Sanitation District No. 11; thence
5 northwesterly along the existing boundary line as
6 established by that Annexation No. 12, being also the
7 northeasterly right-of-way line, to an angle point in the
8 existing boundary line; thence leaving the northeasterly
9 right-of-way line, southwesterly continuing along the
10 existing boundary line as established by that Annexation
11 No. 12 to an angle point therein on the southwesterly
12 right-of-way line of the Pacific Coast Highway, that point
13 being also the southeasterly terminus of the
14 southwesterly and northeasterly lines of Annexation No.
15 17 (Bolsa Chica State Beach) to Orange County
16 Sanitation District No. 11; thence northwesterly along the
17 existing boundary line as established by that Annexation
18 No. 17, being also the northeasterly line and the
19 southwesterly right-of-way line, to the southerly line of
20 Warner Avenue, 60.00 feet in width, as shown on Sheet 2
21 of that map filed in Book 92, Pages 19 through 28,
22 inclusive, of Records of Surveys; thence leaving the
23 southwesterly right-of-way line, northwesterly
24 continuing along the northeasterly line and the existing
25 boundary line to an angle point therein on the centerline-
26 of Warner Avenue; thence leaving the existing boundary
27 line, South 89°12'50" East 132.85 feet along that centerline
28 to a point on to existing boundary line, that point being
29 the westerly terminus of that certain course described as
30 "North 89051'53" east 280.30 feet, more or less," for a
31 portion of the boundary line of Annexation No. 16
32 (Huntington Harbour No. 4) to Orange County
33 Sanitation District No. 11, that point being also the
34 beginning of a nontangent curve concave southwesterly t
35 having a radius of 3053.51 feet, that curve being also to
36 northeasterly right-of-way line of the Pacific Coast
37 Highway, a radial line to that point bears North 50°16'05"
38 East; thence leaving that centerline, southeasterly 39.26
39 feet along that curve and that northeasterly right-of-way
40 line, being also the existing boundary line as established
92 130
I
-7 — SB 1517
(A&, I by that Annexation No. 16, through a central angle of
ie 2 0*44'12' to an angle point therein on the southerly line of
J 3 Warner Avenue; thence easterly continuing along the
2
4 existing boundary line as established by that Annexation
5 No. 16, being also that southerly line, to the southeast
Is
6 corner of that Annexation No. 16, that corner being also
7 an angle point in the boundary line of Parcel "D" of
Ar8 Annexation No. 7 to Orange County Sanitation District
Y 9 No. 11; thence easterly continuing along the existing
10 boundary line as established by that Parcel "D" of
11 Annexation No. 7 being also the southerly line of Warner
it 12 Avenue and the southerly line of the vacated Los Patos,
13 to the southeast corner of that Parcel "D," that corner
ie
14 being also an angle point in the boundary line of
15 Annexation No. 14 to Orange County Sanitation District
e 16 No. 11; thence easterly continuing along the existing
n 17 boundary line, being also the southerly line of vacated
18 Los Patos, to the point of beginning, the above-described
e I
JP Parcel of land containing 1520.20 acres, more or less.
2
)f 20 +b- The "Iewiftg letftds are e*ektded fy-effi the
21
e I22 A fftap of to 4vA-F� tepnte-r-y is as
23
Y
24
9 t) �P5 (b) If the State Lands Commission determines that its
V 6 lands or a portion thereof should be included within or
27 exluded from the district, the State Lands Commission
28 shall notify the district in writing of that fact and file a
29 legal description of Ans lftnd:s w4h the distt:iet those lands
30 at the time of the notice.
a
6 31 Upon receipt of that notice and a certified copy of the
Y 32 legal description, the district shall adopt a resolution
33 setting forth the legal description of that land and
Y k 34 confirming the fact that the described lands are w44-rift
35 included within or excluded from the district.
36 Within 10 days thereafter, a certified copy of the
t
37 resolution shall be filed with the local agency formation
38 commission of the county, at which time incorporation or
39 detachment shall be deemed complete.
92 150
SB 1517 --8 —
i
1 Article 3. Definitions
2 r
3 Sec. 100. Unless the context otherwise requires, the
4 definitions in this article govern the construction of this
5 act.
6 Sec. 101. The definition of a word applies to any of its
7 variants.
8 Sec. 102. "Board of supervisors" means the Board of
9 Supervisors of Orange County.
10 Sec. 103. "City" means the City of Huntington Beach.
11 Sec. 104. "Coastal commission" means the California
12 Coastal Commission established under Section 30300 of
13 the Public Resources Code and designated as the coastal
14 zone planning .and management agency charged with
15 implementing the coastal act.
16 See: . "r,....,....,.issi ft" i>aea�$ theR.Q]QQBfty Herber
17 aft4 Ge vatiee
18 Sec. 106. "County" means the County of Orange.
19 Sec. 107. "Department of Fish and Game" means the
20 state agency having authority and responsibility to
21 protect and enhance fish and wildlife resources.
22 Sec. 108. "District" means the Bolsa Bay Harbor and
23 Conservation District.
24 Sec. 108.5. "Federal beach nourishment program"
25 means the current federal sand replenishment program
26 to replenish sand between Anaheim Bay and Newport
27 Beach pier.
28 Sec. 109. "Federal cost share" means the contingent
29 authorization of funds, if any, consistent with the Water
30 Resources Development Act of 1986.
31 Sec. 110. "Habitat conservation plan" means a plan
32 which provides for the conservation of the habitat of fish
33 and wildlife resources as described in Section 30237 of the
34 Public Resources Code. ;(
35 Sec. .110.5. "Harbor commission"means the Bolsa Bay
36 Harbor and Conservation District Commission.
37 Sec. 111. "Harbor facility" means the marina basins,
38 main and secondary navigable waterway systems, the
39 lands underlying the marina basins, main and secondary
40 waterways, and any abutting lands used for
t)
f
92 171� j
-9 — SB 1517
1 boater-oriented recreational or commercial activities,
2 including inwater or dry storage of boats, and the parking `
1e 3 of vehicles to accommodate the recreational or
is 4 commercial activities of the harbor. ±{
is
5 Sec. 112. "Holder of title" or "landowner" means the
6 owner of record of the fee title to land, except that, if the
7 owner of record of the fee title htLs conveyed the
�f 8 equitable title to the land by way of a�land sale contract
q Y Y ,.
h 9 and the contract or a memorandum thereof is recorded,
10 "holder of title" means the contract vendee thereunder
'a 11 and not the record owner of the fee title.
)f
12 Sec. 112.5. "Huntington Harbour connection" means '
h13 a navigable channel between the ocean entrance and
14 Huntington Harbour.
15 Sec. 113. "Improvement district" means any area
16 within the district established by the commission
17 pursuant to any of the provisions of this act or other
e x 18 applicable laws for the purpose of providing for and
.0
19 financing the construction, acquisition, reconstruction,
20 maintenance, operation, extension, repair, or
d 21 improvement of any work or works of common benefit to
22 the land or inhabitants within an improvement district.
23 Sec. 114. "Land" means the solid material of the
n (Cc t 24 earth, whatever may be the ingredients of which it is
25 composed, whether soil, rock, or other substance. It does FYI
t 26 not mean improvements thereon or rights and privileges
27 appertaining to water, minerals, oil, gas, or other
t 28 hydrocarbon substances underlying the surface thereof. id
r 29 Sec. 115. "Land use plan" as defined in Section
1 30 30108.5 of the Public Resources Code, applies to that
31 portion of the Bolsa Chica Land Use Plan that lies within
e 32 the unincorporated county area. The land use plan does
33 not include areas within the corporate boundaries of the
34 City of Huntington Beach.
35 Sec. 116.. "Legal representative" means an official of
36 a corporation owning land, and means a guardian,
37 executor, or administrator of the estate of the holder of
38 title to land who is any of the following:
C n 39 (a) Appointed under the laws of this state.
40 (b) Entitled to the possession of the estate's land.
92 1yb
i
SB 1517 -- 10 —
1 c) Authorized by the appointing court to exercise the
2 particular right, privilege, or immunity which he or she
3 seeks to exercise.
4 Sec. 117. "Local coastal program" as defined in
5 Section 30108.6 of the Public Resources Code, applies to
6 a local government's land use plan zoning ordinances and
7 implementing actions program which, when taken
8 together, satisfy the requirements and implement the
9 provisions and policies of the California Coastal Act of
10 1976 at the local level.
11 Sec. 117.5. "City local coastal program" means the
12 local coastal program for the incorporated area which has
13 received full certification by the coastal commission and
14 pursuant to which, permit authority was returned to the
15 city as of March 14, 1985.
16 Sec. 1.18. "May" is permissive and "shall" is
17 mandatory.
18 Sec. 118.5. "Mesa area" means the area of land within
19 the district which is at or above the five foot above sea
20 level contour line bordered on the north by Warner (�
21 Avenue and Los Patos Avenue, on the east by the district
22 boundary, on the south by the Wintersberg Flood Control
23 Channel, and on the west by the Pacific Coast Highway.
.24 Sec. 118.7. "Mineral rights" has the same meaning as
25 that term is defined in Section 883.110 of the Civil Code,
26 but excludes surface ownership of parcels of land.
27 Sec. 119. "Navigable ocean entrance" means the
28 system of navigable waterways that provides for access
29 between the Pacific Ocean and the harbor facility and
30 may include side jetties and an off-shore sheltering
31 breakwater.
32 Sec. 119.5. "Oil and gas operations" means all surface
33 and subsurface operations and activities relating to the
34 development, production, and treatment of oil and gas
35 reserves as permitted by applicable deeds, leases,
36 agreements, laws, and regulations.
37 Sec. 120. "State" means the State of California and
38 includes any and all bureaus, commissions, divisions,
39 departments, boards, agencies, committees, officers, and
40 branches thereof.
92 2cx)
I
SB 1517
I Sec. 120.5. "State Lands Commission"means the state
2 agency holding title to and management authority and
3 responsibility over the state's sovereign and public trust
fi 4 lands.
5 Sec. 121. "United States" means the government of
6 the United States of America and includes all bureaus,
7 commissions, divisions, departments, boards, agencies,
8 committees, offices,, and branches thereof.
9 - Sec. 122. "Visitor serving facilities" means the
)f 10 facilities that fulfill purposes under the California Coastal
11 Act of 1976 of serving the need for public access and
12 recreation within the coastal zone.
13 Sec. 123. "Landowner voter" means a person who is
14 a holder of title of assessable property.
15 Sec. 124. "Resident voter" means a person who is a
16 qualified elector and a resident of the district.
S 17 Sec. 125. "Wetlands restoration" means an activity to
18 create, restore, preserve, and enhance wetlands,
19 especially those which have been destroyed or degraded,
20 to a high quality, fully functioning level of biological
r
t 21 productivity and diversity.
22 Sec. 126. "Wetlands restoration plan" means a phased
23 concept and implementation plan approved by the
24 Department of Fish and Game and the California Coastal
3
25 Commission to create, restore, enhance, preserve, and
26 maintain certain wetlands and environmentally sensitive
27 habitat areas identified in the certified Bolsa Chica Local
28 Coastal Program.
3 29
30 Article 4. Establishment and Purposes
31
32 Sec. 140. The Bolsa Bay Harbor and Conservation
33 District is hereby established in accordance with this act
34 and is a public corporation created to provide an
/ 35 adequate institutional and legal framework to achieve all
it 36 of the following purposes:
3 (a) Carry out and fund implementing action programs
r38 to restore, create, enhance, and maintain in perpetuity
" 39 the wetlands and environmentally sensitive habitat areas
40 within the coastal zone of Orange County, identified by
92 220
SB 1517 — 12 —
1 the certified Bolsa Chica Local Coastal Program.
2 (b) Administer and raise funds to repay the federal
3 loan cost share if authorized pursuant to the Water
4 Resources Development Act of 1986, and to maintain in
5 perpetuity such facilities, structures, and appurtenances
6 for any navigable ocean openings and facilities to protect
7 the naval weapons station and waterways constructed
8 with those funds, as may be authorized or appropriated
9 by the federal government, in accordance with
10 applicable state and local rules and regulations.
11 (c) Maintaiff Enter into agreements with the state to
12 provide desired services which may include, but are not
13 limited to, the authority to maintain and administer the
14 facilities of a small craft harbor landward of the Bolsa
15 Chica ocean entrance.
16 (d) Provide for the financing and construction of
17 water and sewer facilities by the district.
18 (e) Administer and raise funds to construct and
19 maintain appropriate facilities for (1) dredging and land
20 reclamation purposes, (2) drainage and flood control
21 purposes, (3) parks, recreation, and open-space land and
22 facilities, (4) levees and channel edges, and (5) docks and
23 appurtenances, and to participate in federal, state, and
24 local beach nourishment programs.
25 (f) Exercise the powers which are expressly granted
26 by this act. Nag Nothing in this section authorizes the
27 district to exercise any powers on state lands without the
28 prior written approval of the State Lands Commission.
29 Sec. 141. No provision of this act limits the power or
30 authority of the city, county, or any state agency with
31 jurisdiction within the district to regulate land uses
32 within the district.
33 Sec. 142. If the she State Lands Commission
34 determines that its lands, or any portion thereof, should
35 be included in the district, the provisions of this act shall
36 not be construed to conflict with the obligation of the
37 state to carry out its public trust responsibilities on those
38 lands.
39 Sec. 143. (a) If state lands are included in the district, `L
40 those lands shall not be subject to any taxes, assessments,
92 240
- 13 — SB 1517
I rates, fees, liens, or charges without its written consent.
ral 2 However, any enterprise function conducted on the
er 3 lands owned by the state, its assignees, lessees,
in 4 permittees, franchisees, or licensees or others shall be
es 4 5 subject to any uniform charges or surcharges as set forth
Ct 6 in or pursuant to this act. The state or its lands shall not
,,d 7 be liable for nonpayment of those fees, assessments, taxes,
,d 8 or charges.
th 9 (b) Lands owned by the Metropolitan Water District
10 of Southern California (metropolitan) , which are
to 11 included in the district, shall not be subject to any taxes,
of t 12 assessments, rates, fees, or charges by the district without
ie 13 its written consent. If metropolitan requires district
sa 14 services, they shall be provided on terms acceptable to
15 the district. However) any enterprise function conducted
of .16 on the lands owned by metropolitan, by its assignees,
17 lessees, permittees, franchisees, or licensees or by
id 18 metropolitan alone or with another public or private
id 1 19 entity, which is not directly related to its authorized
C 20 purposes, shall be subject to any uniform charges or
.d 21 surcharges as set forth in or pursuant to this act, provided
d 22 that metropolitan or its lands shall not be liable for
d 23 nonpayment of the fees, assessments., taxes, or charges
24 imposed on enterprise functions.
d 25 Sec. 144. If state public trust lands are included within
e 26 the district, any revenues collected by the district from
27 enterprise functions conducted on state lands, not
28 needed to defray normal operating expenses related to
r 29 state activities conducted in the district, shall only be
30 allocated or spent for purposes consistent with the public
S 31 trust as determined by the State Lands Commissionlo
32 Sec. 145. One of the purposes of the district is to
1 33 facilitate the coordination of the activities, programs, and
34 powers of the various federal, state, and local agencies
35 with the harbor, wetlands, oil and gas operations,
36 residents, and landowners in the project area in order to
37 achieve an orderly, coordinated development that
38 enables restoration and protection of the Bolsa Chica
39 wetlands, construction of state and federally funded
40 harbor facilities if authorized and approved, coordination
92 260
SB 1517 — 14 --
1 with the California Coastal Commission in conjunction
2 with county planning, and coordination of planning,
3 utilities, and services with the City of Huntington Beach
4 to facilitate annexation to the city pfiew to V
5 appfeyfd of a cps in the manner provided
6 in the annexation-development agreement required by
7 Section 149.
8 This act shall not impair the state sovereignty over its
9 lands within the project area or impair the state's ability
10 to control, operate, and maintain its lands and resources
11 if included in the district.
12 Sec. 146. No - provision in this act limits the
13 enforceability and applicability of any provision of any
14 agreements entered into between or among a city,
15 county, state, or federal agency and a private person
6 affecting the Bolsa Chica area, as long as the agreement
171 does not conflict with or preempt any provision of the
certified Bolsa Chica Local Coastal Program.
19 Sec. 147. If any provision of this act or the application
20 of that provision to any persons or circumstances is held
21 invalid, the remainder of this act, or the application o'
22 that provision to persons other than those to which it is
23 held invalid, shall not be affected.
: 24 Sec. 148. This act shall not become operative unless
25 the county local coastal program has been fully certified
26 and the city's certified local coastal program has been
27 amended, if necessary, to conform to the county's
28 certified program.
29 Sec. 149. This act shall not become operative unless
30 eft eT- e }anuary , 1988, the city, county, and
31 landowner-developer have entered into an
32 annexation-development agreement pursuant to
33 subdivision (b) of Section 65865 of the Government
34 Code.
35
36 Article 5. General Provisions
37
38 Sec. 150. Nothing in this act changes or repeals any
39 other law of this state unless expressly so stated.
40 Sec. 150.5. No provision of this act has the effect of, or 1
92 270
— 15 — SR 1517
i
. 1 is intended to have the effect of, preN level of
2 pra}-ern less t of preempting
' 3 any provision of any land use plan certified pursuant to
4 the California Coastal Act of 1976 (Division 20
5 (commencing with Section 30000) , Public Resources 3
1 6 Code) , or any zoning ordinances, zoning maps, or
7 implementing actions required by Section 30513 of the
8 Public Resources Code.
9 Sec. 151. The rights, privileges, and immunities
' 10 created or continued in force by this act in favor of any
11 holder of title to land for his or her benefit and on his or
12 her behalf may be exercised by his or her legal
13 representative.
' 14 Sec. 152. Whenever an instrument is by this act
' 15 required to be acknowledged, each signer shall
r
16 acknowledge the instrument in the manner provided by
17 law before his or her signature shall be effective.
18 Sec. 153. Except as provided in Section 29142 of the
` 19 Government Code, no supervisor, auditor, clerk, or any
{ 20 other officer or employee of the county shall receive any
21 fee for any service required to be performed under this
22 act.
23 Sec. 154. Fees payable to the Treasurer pursuant to
A&i, 24 this act shall be those established by the Treasurer
25 pursuant to Section 20018 of the Government Code.
26 Sec. 155. Elections authorized by this act are subject
27 to the Uniform District Election Law (Part 3
28 (commencing with Section 23500) of Division 14 of the
29 Elections Code).
30 Sec. 156. The district is a "district" as defined by
31 Section 56036 of the Government Code. After €,he
32 establishment of the district, any proposed change of
33 organization or reorganization for which the district is a
�. 34 subject agency shall be initiated, conducted, and
35 completed pursuant to Division 3 (commencing with
36 Section 56000) of Title 5 of the Government Code.
37 Sec. 157. It is the intention of the city and
38 landowner/developer that the entire project area be
oa 39 ultimately annexed into the city. In order to implement
40 the certified Bolsa Chica Local Coastal Program before
92 290
i
f
SB 1517 — 16 —
1 annexation, the landowners, the city, and the county may
2 enter into agreements, including, but not limited to, the
3 establishment of an urban service area pursuant to
4 Section 56080 of the Government Code, the adoption of
5 prezoning pursuant to Section 65859 of the Government
6 Code, the approval of development agreements pursuant
7 to Article 2.5 (commencing with Section 65864) of
8 Chapter 4 of Division 1 of Title 7 of the Government
9 Code, or the relationship between annexation and
10 tentative maps and vesting tentative maps pursuant to
11 Section 66413 of the Government Code. After
12 annexation, the district shall continue to exercise its
13 powers concerning funding of wetlands restoration,
14 maintenance, and operation; assessments for federal cost
15 share repayment; small craft harbor operations and
16 related activities; sand replenishment; and assessments
17 against property within the district.
18 Sec. 158. Notwithstanding Article 5 (commencing
19 with Section 53096) of Chapter 1 of Part 1 of Division 2
20 of Title 5 of the Government Code, Article 7
21 (commencing with Section 65400) of Chapter 3 of
22 Division 1 of Title 7 of the Government Code, or any
23 other provision of law, the county or city in which a
24 facility, work, or improvement is located shall not permit
25 any facility, work, or capital improvement of the district
26 unless and until the applicable local government finds
27 that the facility, work, or improvement is consistent with
28 the general plan, certified local coastal program,
29 applicable specific plans, zoning ordinance, and
30 subdivision ordinance of the county or city.
31 Sec. 159. Any construction, alteration, repair,
32 demolition, or other work done by, or for, the district,
33 including the acquisition of any work by the district, is
34 deemed a "public work" and subject to Part 7
35 (commencing with Section 1720) of Division 2 of the
36 Labor Code, including the requirements of payment of
37 not less than the general prevailing rate of per diem
38 wages pursuant to Section 1771 of the Labor Code.
92 3 t O
r
F
— 17 — SB 1517 p
'r
CHAPTER 2. INTERNAL ORGANIZATION
2
3 Article 1. General Provisions y
,f 4
1t 5 Sec. 200. The district shall be governed by the Bolsa
it 6 Bay Harbor and Conservation District Commission.
1f 7 Except as provided by Section 204 and Article 3
,t 8 (commencing with Section 213) , the commission shall be
d 9 composed of five members and shall have the
0 10 qualifications and shall be elected as set forth in Article
r 11 2 (commencing with Section 210) .
.S 12 Sec. 201. The terms of office of commissioners elected
1, 13 pursuant to this chapter shall be four years.
;t 14 Sec. 202. Except as otherwise provided by this
d 15 chapter, elections for commissioners shall be called for
s 16 and held to coincide with the statewide general election
17 in November of each even-numbered year.
18 Sec. 203. All vacancies in the office of commissioner
19 shall be filled as follows:
1 (C20 (a) Vacancies for commissioners elected pursuant to
f 21 Article 2 (commencing with Section 210) shall be filled
v 22 by appointment by the remaining commissioners or, in
1 23 the absence of a majority consensus or of a quorum, by
t c 24 the board of supervisors.
t 25 (b) Vacancies for commissioners elected pursuant to
s 26 Article 5 (commencing with Section 240) shall be filled
1 27 pursuant to Section 1780 of the Government Code.
f'®28 See. 204-. At aey time years ffi the dale e€
i 29 theert e€ the dot; aad time to titre
30 t>4 ef:e c erg bt1:+ net less thatt 1-20 dais be€ere a gem
31 distriet e "ter the fftay, by regalutieft,
32 ' the der- e€ to sere ee the
Y 33 aft to 7 9; et: 44 aed fftay the €r>rst
34 to serve eft the egged
35
36 The aft shah a e to --M= the terx3 of e€€iee of
37 eaeh e€ the se , butt ift ne
1381 event steal} that tear} a es gn t=-' the be
=-o----
4ta ` 39{ €ew tie thaft €etrf yews.The terms of e€€iee thus e reated
40 shall be dete ift a manger se as to beep ati netly
92 320
SB 1517 — 18 —
1 eqtmi a�& praellieable the ftufnber of otters t-e be
2 a+ eaeh gefterftl le
3 Upen the expiratieft e€these terms se a"e%A b tl3e
4 be ftHed 97t the ftext gel
5 �d4striet dist�r-�et eee-lieffi:ts hew
116 e 1,r,s..,,,Ce- r for the eleetieft of effieer--s:
7 See-: 2A5:
8 Sec. 204. All commissioners shall be electors of the
county.
10
11 Article 2. Election of the First Commission
12
13 Sec. 210. The district shall be governed by a
14 commission composed of five members, three of whom
15 shall be elected pursuant to this chapter, one shall be the
16 county supervisor representing the supervisorial district
17 in which the district is located, and one shall be a member
18 of the City Council of the City of Huntington Beach.
19 Upen , the distriet shall be ,— — b�, the
20 of the sty e€ Beau
21 Sec. 211. . The first commission shall be elected at an
22 election conducted by the board of supervisors within 35
23 days following the formation of the district, as follows:
24 (a) Any person qualified to vote in elections
25 conducted pursuant to Article 1 (commencing with
26 Section 210) and this article shall be voters, as defined in
27 Sections 123 and 124.
28 (b) Nominating petitions for the position of
29 commissioner shall be in writing and signed by voters
30 representing at least 10 percent of the assessed value of
31 land as shown by the last equalized assessment roll.
32 (c) No voter shall sign any more nominating petitions
33 than there are offices to be filled.
34 (d) If, on the 15th day prior to the date of the election
35 called by the board of supervisors, only one person has
36 been nominated for each position to be filled at that
37 election, an election shall not be held and the board of
38 supervisors shall appoint those nominated for the position
39 of commissioner.
40 (e) If an election is held, each voter shall have one
92 340
— 19 — SB 1517
1 vote for each one dollar ($1) in assessed valuation of land
2 owned by the landowner.
3 (f) A majority of the votes cast shall be required to
le 4 elect a commissioner.
d4 5 Sec. 212. The first commission shall classify itself by lot�'��
6 so that two commissioners shall hold office until the last
7 Friday in November 1988, and three commissioners shall
8 hold office until the last Friday in November 1990.
)e 9
10 Article 3. Elections
11
12 Sec. 213. Each voter shall have one vote for each
13 dollar's worth of land to which he or she holds title. The
a 14 last equalized assessment roll of the county is conclusive
° 15 evidence of ownership and of the value of the land so
e 16 owned. However, the commission may determine, by
't 17 resolution, that the equalized assessment roll of the
,r 18 county shall be corrected to reflect, in the case of
19 transfers of land, those persons who as of the 45th day
eAram 20 prior to the election appear as owners on the records of
21 the county.
22 Sec. 214. The commission may, by ordinance adopted
23 at least 90 days prior to any district election., determine
24 that voters shall thereafter be ascertained pursuant to this
s 4gc25 section.
26 In that event, the county clerk shall prepare the voter
1 27 list required by Section 23527.5 of the Elections Code
f 28 based upon the last equalized assessment roll of the
29 county corrected to reflect, in the case of transfers of
3 30 land, those persons who, as of the 45th day prior to the'
f 31 election, appear as owners in the county assessor's
32 records which the assessor will use to prepare the next
' 33 ensuing assessor's roll. Those records shall be conclusive
34 evidence of ownership and of the value of land so owned.
1 35 Where onlya portion of a parcel of land has been
P
36 transferred, and the assessed value thereof and of the
37 remaining parcel are not separately stated upon the roll,
i 38 estimated assessed values therefor shall be made by the
39 county assessor and those estimates shall, for the purposes
40 of this section, be considered the value of the land.
92 3(A)
SB 1517 —20-
1 If more than one person or entity are shown as th(
2 owners of record of a parcel of land, the county clerk shall
3 apportion the voting rights between the owners based
4 upon the respective record interests in the land, and for
5 that purpose, the county clerk may consider such
6 information with respect thereto as the county clerk
7 deems correct, proper, and appropriate.
8 Sec. 215. Every voter, or his or her legal
9 representative, may vote at any district-election either in
10 person or by a person duly appointed as his or her proxy.
11 Sec. 216. No appointment of a proxy shall be valid,
12 accepted, or vote allowed thereon at any district election
13 unless it meets all of the following requirements:
14 (a) It is in writing.
15 (b) It is executed by the person or legal representative
16 of the person who, in accordance with Section 213 or 214,
17 is entitled to the votes for which the proxy is given.
18 (c) It is acknowledged or certified in accordance with
19 Section 2015.5, of the Code of Civil Procedure.
20 (d) It specifies the election at which it is to be used. An
21 appointment of a proxy shall be used only at the electior
22 specified.
23 (e) It shall be on a form as specified by the county
24 clerk as meeting"the above requirements. 1
25 Every appointment of a proxy is revocable at the
26 pleasure of the person executing it at any time before the
27 person appointed as proxy has cast a ballot representing
28 the votes for which the appointment was given.
29 Sec. 217. Before a legal representative votes at a
30 district election, the legal representative shall present to
31 the precinct board a certified copy of his or her authority
32 which shall be kept and filed with the returns of the
33 election.
34
35 Article 4. Alternative Method of Conducting
36 Elections
37
38 Sec. 220. The voting procedure within the district
39 shall be changed from that of a landowner voter district
40 to that of a resident voting district at the time that the
92 380
— 21 SB 1517
the 1 commission determines by a resolution adopted pursuant
fall 2 to this article.
�d 3 Sec. 221. Between}anuftry -aftd Mareh 30 December
for �4) 1 and February 28 of each year, the secretary of the
ich 5 district shall inspect the assessable area within the
;rk 6 district.
7 At that time when at least 50 percent of the assessable
;al 8 area within the district is devoted to and developed for
in 9 residential, industrial, or nonagricultural commercial use,
xy. -,40 or any combination thereof, that fact shall be certified to
1d, 1 the commission by the secretary of the district. Upon
on t 12 receipt of verification from the registrar of voters
1 pursuant to Section 228.
4 Any time after that certification, the resident voters
ive 15 registered to vote within the district may petition for a
14, 16 change in the voting procedure from a landowner voter
17 district to a resident voter district.
ith 18 Sec. 222. The petition shall be signed by not less than
19 25 resident voters of the district who represent not less
In � 20 than 25 percent of the total number of resident voters of
on 21 the district.
22 Sec. 223. The petition shall be substantially in the
ity 23 following form: The secretary of the district, having
24 previously certified to the board of commissioners of the
he �t 25 district that at least 50 percent of the assessable area
he 26 within the district is devoted to and developed for
ng 27 residential, industrial, or nonagricultural commercial use,
28 or any combination thereof, the undersigned voters who
a 29 reside within the boundaries of the district hereby
to 30 petition the board of commissioners thereof to hold all
ity 31 elections on the basis of a resident voter district rather
he 32 than a landowner voter district.
33
34 Date Signature Address
35
36
37
.c t 38
c t 39
ae n 40
41 e
a
M
92 4(X) "
SB 1517 -- 22 —
1 Sec. 224. Each petition shall be signed and dated by
2 resident voters of the district and shall show their
3 residence address.
4 Sec. 225. Each page of the petition which contains the
5 signature of one or more registered voters shall show
6 thereon the affidavit of the circulator in the following
7 form:
8 The undersigned circulator of the above petition
9 hereby declares under penalty of perjury that the
10 circulator of this petition was over the age of 18 years, and
11 that the signatures hereon are the signature of the person
12 named and were signed in the presence of the circulator.
13 Sec. 226. All signatures on the petition shall be ,
14 obtained within the six-month period immediately'
15 preceding the filing thereof.
16 Sec. 227. The petition shall be filed with the secretary
17 of the district at least six months prior to the date of the
18 next general district election. Attached to the petition
19 shall be the name and address of at least one, but not
20 more than three, persons to be notified of the results of
21 the examination of the petition.
22 Sec. 228. Within 30 days of receipt by the secretary,
23 the petition shall be transmitted to the registrar of voters
24 and verified as follows:
25 (a) The registrar of voters shall examine the signatures
26 and from the records of registration ascertain whether or
27 not the petition is signed by the requisite number of
28 registered voters.
29 (b) The registrar of voters shall attach to the petition
30 a certificate showing the total number of valid signatures
31 thereon, the total number of registered voters within the
32 district as of the date of filing the petition, and a
33 determination as to the sufficiency of the petition.
34 Sec. 229. If the number of signatures is not sufficient, �!
35 a supplemental petition, bearing additional signatures,
36 may be filed with the secretary of the district within 10
37 days from the date on which the registrar of voters
38 certified the results of the original petition. The
39 supplemental petition shall be verified in the same
40 manner as the original petition. If the signatures on the
92 430 `
i
-1 - 23 — SB 1517
'y
1 1 petition are still insufficient, no action shall be taken
'r 2 thereon. The petition shall remain on file as a public
3 record and failure to secure sufficient signatures shall not
ie 4 prejudice the later filing of an entirely new petition.
`� 5 Sec. 230. If the petition contains at least 25 valid
.9 6 signatures and if the total number of valid signatures on
0 7 the petition constitutes 25 percent or more of the
n 8 registered voters within the district as of the date of filing
ie 9 the petition, the secretary shall prepare a certificate to
d 10 that effect. A copy of the certificate shall be forwarded by
n
11 certified mail to each person designated to be notified of
r' 12 the results of the examination of the petition.
e 3 Sec. 231. At its ftext regular meek fe►llawing the
ly 14 atie }Of the 's e,,rt r: `e the eft
15 After the preparation of the certificate, the district shall
y 1 hold a meeting and shall adopt a resolution declaring that
1e 7 all future elections in the district shall be conducted as a
n
A ,f• resident voter district rather than a landowner voter
)f 9 election. If at all possible, the meeting shall be held in
20 //time to allow residents to qualify as resident voters in the
next district election.
rs Y y
Sec. 232. The secretary of the district shall file with
rs
23 the county clerk a certified copy of the resolution. The
,s 24 secretary shall cause a copy of the resolution to be
)r 25 published once a week for three successive weeks in a
�f 26 newspaper of general circulation within the district.
27 Sec. 233. After adoption of the resolution by the
.n 28 commission, all elections within the district for elective
,s 29 offices, bonds, or other purposes shall be conducted
ie 30 under laws relating to resident voter districts and all
31 provisions of this article shall prevail over any contrary
a 32 provisions in this act relating to landowner voter
t 33 procedures.
�:-
34 Sec. 234. All commissioners thereafter elected shall
$' 35 be residents and qualified voters of the district at the time
rs i 36 of their election and during their term of office. The
rs
ie 37 commissioners need not be landowners.
e 38 Sec. 235. At the first election of commissioners
39 following the adoption of the resolution by the
40 commission establishing a resident voter district, the
u,
�P? 4-%
SB 1517 — 24 -
1 number of commissioners to be elected shall correspond _
2 with the number of commissioners whose terms expire.
3 The commissioners whose terms have not expired shall
4 serve their unexpired terms under the qualifications to
5 hold office that existed prior to the adoption of the
6 resolution establishing a resident voter district.
7 Sec. 236. The adoption of a resolution changing the
8 inethod of voting shall in no way invalidate any prior acts
9 of the district, its commissioners, officers, or employees.
10 Sec. 237. Any bonds,. promissory notes, contracts, or
11 other obligations of the district, authorized or issued in
12 any manner provided by law, and any proceedings taken
13 by the district in connection therewith, prior to the `
14 adoption of the resolution changing the method of voting,
15 shall not be affected by that resolution and the obligations
16 shall continue to be legally authorized or issued
17 obligations.
18
19 Article 5. Establishing Divisions
f 20 E
%V) Sec. 240. The district may be divided into as many.
2i divisions as there are elected commissioners of the
district.
24 The establishment of the divisions and the boundaries
25 thereof shall be made by the board of supervisors, which
26 shall make that division, if requested, by a resolution
27 passed by a majority of the commission or upon a petition
rll' 28 signed by a majority of eligible voters within the
tip7% 29 boundaries of the district. The resolution or petition shall
tbe filed with the board of supervisors at least 4-20150 days
before the next general district election. No petition shall
32 be filed any later than 150 days preceding the next
3 general district election.
34 Sec. 241. Before taking action on the petition or the t,
35 resolution requesting the establishment of divisions, the
36 board of supervisors shall hold a hearing and shall hear
37 any evidence produced to establish the validity of the
38 petition or resolution and any further evidence as may be
39 necessary as to divide the district into divisions.
40 Sec. 242. Within 10 days after the hearing, the board
92 470
- 25 -- SB 1517
od 1 of supervisors, if it determines that the resolution or
2 petition is valid, shall immediately order the
ire. . 3 establishment of divisions in the district as nearly equal
'all 4 in area as may be practicable and shall file a copy of the
to 5 order with the commission.
the 6 Sec. 243. After the entry of the order establishing
7 divisions within the district, only one commissioner shall
the g be elected from each of the divisions so established.
cts 9 Sec. 244. The entry of the order dividing the district
or ,-10 into divisions shall not affect the term of any
in ,'4L commissioner until his or her term expires.
42 Sec. 245. At least 88120 days prior to the next general
;en `11 district election, the board of supervisors shall designate
be 14 the divisions from which commissioners shall be elected.
°g, 15 The number designated shall equal the number of
)ns 16 commissioners to be elected at that election. At the next
led, 17 succeeding general district election, the commissioners
18 shall be elected from the remaining divisions.
19 Sec. 246. At the time the district is established as a
20 resident voter district and whenever thereafter sufficient
21 change in the population occurs in the district which, in
nY. 22 the discretion of the commission, makes it necessary to
:he 23 relocate the boundary or boundaries of any division or
24 divisions, the commission shall, by resolution, relocate the
ies 25 boundary lines of the division or divisions so as to
ich 26 equalize, as nearly as may be practicable, the population
ion
27 in the respective divisions. However, no change in
ion 28 division boundaries shall be made within four months
he 29 immediately preceding the election of any commissioner,
all i 30 and no change shall work a forfeiture of the office of any
iys 31 commissioner. The relocation of boundary lines of
gall
t 32 divisions may be made without regard to the places of
ot.
V 33 residence of the commissioners then in office.
34
he 35 Article 6. Officers and Employees,
he 36
gar 37 Sec. 250. The officers of the commission shall include
he 38 a president, secretary, and treasurer, and may include a
be ► 39 vice president.
ird 40 Sec. 251. The commission may consolidate the offices
42 `90
470
a
SB 1517 — 26 -
1 of secretary and treasurer.
2 Sec. 252. The duties of the officers of the commission,
3 and any standing committee thereof, shall be described
4 in the administrative code of the district.
5 Sec. 253. The officers of the district may include all of
6 the following:
7 (a) The chief executive officer.
8 (b) The finance officer.
9 (c) An attorney.
10 (d) A chief engineer.
11 Sec. 254. All officers and employees of the district
12 shall be appointed by the commission and serve at its
13 pleasure when those positions are required to be filled
14 and shall not be concurrently employed by the
15 landowner/developer corporation.
16 . Sec. 256. The commission, except as otherwise
17 specifically provided, shall manage and conduct the
18 business and affairs of the district and may delegate its
19 powers to any officer or employee of the district.
20 Sec. 257. The rules, responsibilities, and procedures
21 for the officers of the district shall be described in the
22 administrative code of the district and shall be exercised
23 according to the policies and standards established by the
24 commission.
25 Sec. 258. All meetings of the commission shall be held
26 and conducted pursuant to Chapter 9 (commencing with
27 Section 54950) of Division 2 of Title 5 of the Government
28 Code. The commission may meet as frequently as is
29 necessary to satisfactorily conduct the business of the
30 district, but shall meet no less than six times in any one
31 calendar year.
32 Sec. 259. Compensation for the commissioners shall
33 be fixed in the administrative code in an amount not to
34 exceed one hundred dollars ($100) per day for each day's
35 attendance at meetings of the commission or for each
36 day's service rendered as a commissioner by request of
37 the commission, not to exceed a total of six days in any
38 calendar month, together with the reimbursement of any
39 expenses incurred in the performance of duties required
40 or authorized by the commission.
92 YX)
— 27 -- SB 1517
1 CHAPTER 3. GENERAL POWERS
n, 2
i 3 Sec. 300. The district has the power generally to
4 perform all acts necessary or proper to carry out fully this
)f 5 act.
6 Sec. 301. The commission may adopt a seal for the
7 district and alter it at pleasure.
8 Sec. 302. The district may take by grant, purchase,
9 gift, devise, lease, or otherwise acquire, hold, and enjoy
i 10 and lease and dispose of, real and personal property of
:t 1 : 11 every kind within or outside of the district, necessary to
is 12 the full or convenient exercise of its powers.
d 13 Sec. 303. The district may exercise the power of
14 eminent domain to acquire or improve an
1e j q P any private
P
15 property necessary or convenient to the purposes
ie 16 specified in this act. However, in no case shall the district
1e 17 exercise its power of eminent domain in a manner which
is 18 results in a net reduction of wetlands acreage,
19 environmentally sensitive habitat areas acreage, or fish
1 20 and wildlife habitat values. The district shall have no
ie
d 21 power of eminent domain outside its boundaries.
' , 22 Sec. 304. The district may issue bonds, borrow money, i
1e 23 and incur indebtedness as authorized by this act.
de 24 The district may also refund any indebtedness as
h 25 provided in this act or any other applicable law, and may }
it 26 also refund any indebtedness by the issuance of the same
is 27 type of obligations as those refunded and following the
28 same procedures as at that time may be applicable to the
1e29 issuance of those obligations, and may retire any
30 indebtedness or lien that may exist against the district or
�1 31 its property.
32 Sec. 304.5. No bonds, assessments, or obligations
;° 33 which constitute liens, charges, or encumbrances on real it
s34 property within the district may be incurred or imposed
35 by the district, and no resolution of intention to issue
Y36 bonds may be adopted, except upon the affirmative vote
iy 37 of four members of the harbor commission. In the event
38 the harbor commission is enlarged pursuant to Section
39 204, two public members shall affirmatively vote for suchit
40 financial bonds, assessments, or obligations.
M
On -
c 520�"".
SB 1517 — 28 -
1 Sec. 305. As to any service which the district may
2 perform pursuant to this act, the district may contract for
3 the performance of that service with the county, the city,
4 another district, or any agency of the state or of the
5 United States, except as otherwise provided in this act.
6 Sec. 306. In order to carry out this act, the district or
7 its authorized representatives have the right of access to,
8 and may to the extent permitted by the laws and
9 Constitution of the state, enter upon land within the
10 district.
11 The entry of the district or its authorized
12 representatives does not constitute, and does not give rise
13 to, any cause of action in favor of the owners of the land,
14 except for injuries resulting from negligence,
15 wantonness, or malice.
16 Sec. 307. The district may execute, by its president
17 and secretary, all contracts and other documents
18 necessary to carry out the provisions of this act.
19 Sec. 308. The district may commence and maintain
20 any actions and proceedings to carry out its purpose or
21 protect its interests and may defend any action or
22 proceeding brought against it.
23 Sec. 309. The district may disseminate information to
24 the public concerning the rights, properties, policies, and
25 activities of the district.
26 Sec. 310. The commission shall adopt an
27 administrative code for the district, which code shall
28 include, but not necessarily be limited to, the following:
29 (a) The organization of the commission and the duties
30 of its officers and committees.
31 (b) The duties of and the extent and scope of
32 delegation of authority to the chief executive officer of ;
33 the district.
34 (c) The rules and regulations governing employee
35 standards, wages, benefits, and general duties.
36 (d) The rules and regulations governing the use of
-- 37 property owned by the district and establishing the
t 38 conditions under which the district will engage in and
39 maintain its services.
40 (e) The manner in which the commission shall meet,
92 530
—29-- SB 1517
lay 1 legislate, and generally conduct the business of the
for 2 district.
ty, 3 Sec. 311. The commission may adopt, by ordinance,
he { 4 rules and regulations to be incorporated into the
;ct. 5 administrative code of the district, and may provide
or 6 therein the conditions and circumstances under which
to, 7 the district shall furnish services or facilities to persons or
nd r 8 lands within or outside of the district or to carry out any
he 9 other provisions of this act, including provisions for the
10 collection of fees, charges, assessments, and the method
ed 11 of enforcement, collection, and penalties for
ise 12 noncompliance.
id, , ,I 13 Sec. 312. The rules and regulations may provide that
ce, 14 the facilities or other services authorized by this act shall
15 not be furnished to (1) persons who violate the rules and
ant 16 regulations or against whom there are delinquent water,
ats ; . 17 sewer, standby, facility, or other charges, or penalties or
18 interest on any of those charges or (2) land against which
un 19 there is a delinquent assessment.
or 20 Sec. 313. At least 30 days prior to adopting the rules
or 21 and regulations, the commission shall adopt a resolution
` 22 of intention, set a date, and give notice of a public hearing
to 23 on the proposed ordinance establishing the rules and
nd 24 regulations. The resolution and the notice shall describe
25 the scope and nature of the rules and regulations and
an 26 indicate the penalty for violation thereof.
all 27 Notice shall be provided pursuant to Section 6061 of the
lg; 28 Government Code. In addition, the city and the county
ies 29 shall be provided with 10 days' written notice of any
' public hearings.
r
of 31 See. 344 After the rules afld regulatienshaye beee
of 32 adopted artd are � e€€eet €ef 60 days er mere, a�
1 3y3,. Yielatioa theree ie a pis
,ee C. t4 Sec. 315. The district may enter into agreements with
35 the United States for purposes of repayment of the
of 36 federal funds to construct such improvements and
he 37 facilities as may be authorized pursuant to federal, state,
nd 1 38 and local laws, and as described in the Water Resources
,i 39 Development Act of 1986, and to operate and maintain in
et, 40 perpetuity the ocean entrance, waterways, and
530 92 .5,50
SB 1517 —30—
1 associated facilities.
2 Sec. 316. The district may join with the United States,
3 the state, the county, the city, a district, or other public
4 or private corporation, or one or more or any
5 combination thereof, for the purpose of carrying out any
6 of the powers of the district, including, without
7 limitation, provisions for the financing of acquisitions,
8 construction, developments, and operation.
9
10 CHAPTER 4. WETLANDS CONSERVATION AND STATE
11 LANDS
12
13 Article 1. Restoration of Wetlands and Transfer of
14 Additional Lands to State
15
16 Sec. 400. The district shall enter into an agreement
17 with the State Lands Commission and the Department of
18 Fish and Game, the owners of any lands within the '
9 district, any agency or organization managing the
W wetlands and the project proponents to take an and all
P J P P Y
21 actions agreed upon to implement wetlands restoration,
22 provide secure funding sources for wetlands restoration
23 and maintenance in perpetuity, and to exercise all of its
24 powers set forth in this act to ensure complete restoration
25P�11--'Chica
,of the wetlands by implementing the wetlands
restoration plan in compliance with the eet:tified Bolsa
Local Coastal Program, when certified.
28 Sec. 406. If the state acquires ownership of additional
29 lands within the district, those lands, at the option of the
30 state, shall be detached from the district b�,the emee ..-;aft-, .1
31 , and reeerdati of a deed frees the
32 ewer to the stye pursuant to subdivision (d) of Section
33 50.
34 The state shall notify the diet;ift writing, 4 that faet
35 and file a pr-opesed deed wAh the diet at the time of
36 notiee. Upon reeeipt of that notiee and deed, the distriet
37 sliftR adept a setting €erth the legal
38 of the land eentained itt the deed, after t; n,
39 the fact that the deseribed lams are ne lenger
40 within the distfiet.
92 561
—31 — SB 1517
1 A eertified eepy of the reselutiett shall he filed Frith the
2 leea4 ageeey of the eeunt-y, at
ates, 3 ,e3 time the detaehfft shall he
iblic 4 and all ass , el3arges, taxes, €ee&, or lieog, thereeft
any 5 diseharged.
any 6 Sec. 407. Upon acquisition of additional lands by the
flout 7 state within the district, those lands ghall may be
ions, g detached from the district by the reeerdetti of a deed
9 from the ewfter to the state and pursuant to subdivision
10 (d) of Section 50 and the district shall discharge all
'TE 11 assessments, charges, liens, taxes, or fees thereon
12
of 13
14 Article 2. Relationship Between Wetlands Restoration
15 and Development
16
lent 17 Sec. 409. There shall be a minimum of 915 acres of
it of 18 high quality, fully functioning wetlands and 86.8 acres of
the 19 e.- vironmentally sensitive habitat areas created or
the 20 rc stored onsite in the Bolsa Chica study area, as required
i all 21 by the .Dolsa Chica Land Use Plan dated December 1985,
ion, 22 and conditionally certified by the coastal commission. All
ion 23 development within the Bolsa Chica study area shall be
f its 24 in conformance with the Wetlands Restoration Plan
'on 25 prepared as part of the Bolsa Chica Local Coastal
ads 26 Program and with the biological resources management
Elsa 27 components policies of the Bolsa Chica Land Use Plan.
anal 28 Any changes to the Bolsa Chica Land Use Plan are subject
the 29 to the review and approval of the coastal commission.
30 Sec. 410. The development rights on the mesa area
'
31 within the district shall be conditioned on the
the
32 requirement that, as a condition of sale of each residential
ion 33 unit by the original builder of that unit, the sum of one
I= 34 thousand eight hundred dollars ($1,800) per dwelling
yet - 35 unit on the mesa area is deposited in the district's
36 wetlands restoration fund created in subdivision (b) of
37 Section 700. However, the initial deposit of one thousand
38 eight hundred dollars ($1,800) per dwelling unit does not
39 in any way limit the district's authority to levy additional
' 40 amendments on the mesa area as may be needed to
92 571
561
i
SB 1517 _ —32—
1 assure adequate funding to accomplish restoration an
2 maintenance of the wetlands and environmental
O ,
3 sensitive habitat areas, as specified in the Bolsa Chica
Lana Use Plan.
See- 44-1- Prier to arm develepmeat in the wetlands
6 leeated in the distriet;a wetland area rre less that erne ernd
7 eeeliaf€ tines the sire of the wetland area prepesed fer
8 deyelepment shall be registered toe eeftElitien of high
9 qttalit�-;and a wetland area rle less Otaft ene an4 eeelhal€
10 times as latrge as the wetland area prepesed €er
11 deyelepment shall be erected within the dam. 1n fie
12 ease shall the €gal dev,eleptnent area be less in size than
13 of the final wetland resterati area.
14 see. 44S: Where wetlands aerreage abeve 862 a^T-T as
15 de€i �in the Peee be - 1985,Bella Ghiea heeal Geagtal
16 hand Uee Plan, is to be rem bet land within the
17 designett weRaeads resterati areas is
18 interiffi ensue er e site resterati mad be aeeeffiph
19 with a higher priority feT- eesite r-esterrati If interifft
20 efsite §te is ehesen, A shall be e� if
21 all of the €ellewiftg exist+
22 {-e} Twe aeeas shall be restered fer eaeh.aere les .
23 {b} At the earliest feasible , bet in ee ease
24 later tliftft tl3e ffig phaseefElevelepfftent, the : „`,.,.,,ti
25 shall be eefnpleted aesite
26 {e� Upon ar t of inter-iceeffsite rested
27 wetlands with the required eesite -gyred • e d a n d the
28 term e€€site wetlands ins shall be detained
artd
30
31 Article 3. State joint per-else e€ Pewers v4th the
32 Pistriet Agreement between the District, the State
Lands Commission, the Department of Fish and
66� Game, and other agencies or organizations
35
03 Sec. 415. The State Lands Commission, the
�• 7 Department of Fish and Game, any agency or
3 organization holding title to or managing the wetlands,
and the district shall enter into a joint powers or other
40 agreement for 4ie jeint ewe of relating to the
92 390
-33 — SB 1517
1 relating to their respective parcels of property within
2 Bolsa Chica.
3 The agreement may provide for, among other things,
4 the ongoing maintenance and preservation of the
5 restored wetlands; the allocation of money and revenue
6 collected from district and state lands; the provision of
7 services by the district to benefit state lands; and the
/ 8 operation and maintenance of the harbor facility.
y 9 Sec. 416. The Department of Fish and Game, in
00 cooperation with the State Lands Commission, any
11 agency or organization holding title to or managing the
1 wetlands, and the district shall annually adopt a budget
3 and management program to implement the wet-lands
14 „te'r ,�-i ply 1n a� and as air p� of i
15 4he beget and fnaftagefftent pr-egt:afl ; detailed
16 shall be made for the
17 afrd presefva e€ a fully k4etble wedands
18 habitat and kentally sensi6ye habitat area
19 por-suaA to the eer-tified leeal eeastal pregram: the
20 ongoing maintenance and preservation of a functioning
21 viable habitat pursuant to the local coastal program,
22 when certified.
23 The parties shall provide, in the agreement described
24 in Section 415, the means by which funds shall be
25 identified and obtained from local and other sources,
26 including the wetlands conservation fund, to administer
' 27 the wetlafds restera plaft , ftxd the
28 ffiaintenanee pt:eff afft set ou+ abeye . the
29 ongoing maintenance and preservation of the wetlands
30 pursuant to the wetlands restoration plan in perpetuity.
31
32 Article 4. Abatement of Solid Wastes
33
34 Sec. 420. For purposes of this chapter, the district may
35 acquire or lease equipment, construct appurtenances,
36 hire personnel, or enter into contracts with private
37 persons or other governmental agencies, to abate, collect,
38 and dispose of solid wastes, the presence of which
39 threatens or potentially threatens the public health,
40 wildlife, or the wildlife habitats in the district.
92 C"
SB 1517 — 34 —
1 Sec. 421. This article is supplemental to state law a -
2 local ordinances govering the control and abatement of
3 solid wastes by public health agencies, and any programs
4 or activities undertaken by the district or any rules and
5 regulations adopted pursuant to Section 311.
6 The purposes of this article shall be consistent with the
7 policies, programs, and rules and regulations of any state
8 or local agency having primary responsibility for the
9 control or abatement of solid waste within, or
10 immediately adjacent to, the district.
11 Sec. 422. For purposes of this article, "solid wastes"
12 means all putrescible and nonputrescible solid,
13 semi-solid, and liquid wastes, including garbage, trash,
14 refuse, paper, rubbish, ashes, industrial wastes,
15 demolition and construction wastes; abandoned vehicles
16 and parts thereof, discarded home and industrial
17 appliances, manure, vegetable or animal solids, and
18 semi-solid wastes, and other discarded solid and
19 semi-solid wastes.
20
21 Article 5. Flood Control
22
23 Sec. 425. The purpose of this article is to provide for
24 coordination with other governmental agencies having
25 jurisdiction to control flood and storm waters, or runoff
26 from irrigation, commercial, and residential sources,
27 from either within or outside of the district, that present
28 .a threat, potential threat, or that would adversely affect
29 wildlife, wildlife habitat, or ecological balance of the
30 wetlands, or the harbors, waterways, or public roads
31 within the district.
32 To the extent that those other agencies do not have
33 specific jurisdiction or programs to control or manage
34 those flood, storm, or runoff waters, the district may
35 control and manage those waters.
36 Sec. 426. In carrying out this article, the district shall
37 give priority to the restoration, enhancement, and
38 maintenance of the wetlands, and shall cooperate with
39 and comply with the ordinances, policies, and rules and
40 regulations of the Orange County Flood Control Distrir'
92 620
--35 --- SB 1517
I
12 CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS i
3
j4 Sec. 500. If an ocean entrance and harbor facilities are
15 approved in accordance with applicable laws, the district
6 may enter into agreements or contracts to operate,
7 maintain, construct, or develop all, or any portion, of
8 these facilities with any federal or state agency, county,
9 city, district, or any combination thereof, having
10 jurisdiction over or authority to manage those ocean !+'
11 entrance and harbor facilities. Nothing in this chapter
112 requires any of the above governmental entities to enter a
13 into agreements or contracts with the district even if the
j 14 governmental entities acknowledge and agree that the
15 operation of the small craft harbor will involve the
j district and private parties and that the activities of all
r 7 involved parties shall be coordinated. The district shall
18 not exercise its powers in a manner which unreasonably
19 restricts the public from navigation upon naviga e
2 wa ers hin the ocean entrance and harbor facilities.
Sec. 501. The agreements or contracts entered into
22 pursuant to Section 500 may authorize the district to
23 acquire, construct, reconstruct, improve, repair, develop,
24 maintain, and operate, a harbor and all facilities
25 appurtenant thereto, connected therewith or incidental
26 thereto, including, without limiting the generality of the
27 foregoing, the following:
28 (a) The acquisition, reconstruction, repair, and
J 29 maintenance of vehicle parking areas, landscaping,
30 appurtenant utilities, bulkheads, seawalls, wharves, +
31 docks, ways, ferry slips, warehouses, streets, roads, drives,
32 parkways, avenues, approaches, marinas, aquatic
33 playgrounds, beach arks, bathing beaches, and other
� P Yg P g
I34 recreation facilities, together with structures and
35 facilities incidental thereto.
36 (b) The acquisition, construction, reconstruction, j
37 repair, maintenance, operation, development, and
j38 regulation of fueling, loading and unloading, towing,
39 repairing, warehousing, shipping and reshipping, and
40 other facilities, aids, equipment, or property necessary
i
92 sao
I
SB 1517 —36-
1 for, or incidental to, the development and operation of
2 the harbor.
3 (c) The acquisition, construction, reconstruction,
4 repair, maintenance, and operation of fire protection
5 apparatus, and sanitary and other facilities necessary for
6 the proper protection of the harbor.
7 (d) Adopt rules and regulations for the use of harbor
8 facilities and the navigable ocean entrance.
9 Sec. 502. Any county, city, or other political
10 subdivision or agency of the state, hereafter referred to
11 as "public agency," which has been invested by grant )
12 from the state with the ownership, possession, control, or )
13 management of tidelands and submerged lands or any )
14 other lands lying under, washed by, or abutting the )
15 Pacific Ocean, or inland waters of the state, including the
16 beds of navigable rivers, streams, lakes, bays, estuaries,
17 inlets, and straits, may, with the prior written consent of
18 the State Lands Commission, agree in writing that the
19 district shall, for the term stated in the writing, have all :
20 or any right, title, and interests of the public agency and
21 exercise all or any jurisdiction of the public agency in the
22 lands over the lands or any portion thereof.
23 Sec. 503. The district may lease any property, ;
24 whether real or personal, and any interest therein to, of, ;
25 and from any person, firm, or public or private
26 corporation, or public agency with the privilege of
27 purchasing or otherwise.
28 Sec. 504. Any rules and regulations adopted by the
29 district for the use of harbor facilities and any ocean
30 entrance may include, but are not limited to, the
31 following:
32 . (a) . The regulation of anchoring, mooring, towing,
33 wharfage, and dockage of vessels and the establishment
34 and collection of rates, fees, and charges therefor.
35 (b) The establishment and collection of rates, fees, and
36 charges for service from or use of any of the facilities
37 owned, controlled, furnished, or operated by the district.
38 (c) The supervision of pilots and the pilotage of all .
39 vessels within the harbor facilities and any ocean
40 entrance and the establishment and collection of fees and
92 650
—37 -- Ss 1517
1 charges therefor. I
f
2 (d) The issuance of licenses and permits for privileges
3 to be exercised in and about the harbor facilities and any
4 ocean entrance upon equal terms and the establishment
5 and collection of rates, fees, and charges therefor. Funds
6 collected pursuant to this section shall first be utilized for
7 sand replenishment purposes as specified in Section 509.
8 Sec. 505. The district may sell and issue franchises
9 relating to the harbor facilities and any ocean entrance
10 and its works, appurtenances, properties, and rights in
11 accordance with any procedure which may be prescribed i
12 by ordinance.
13 Sec. 506. The district may advertise its advantages
14 and solicit business within or outside the district, within
15 other states or any foreign countries, through its
16 employees or agents.
17 Sec. 507. For the purpose of carrying out fully this
18 chapter, the district may enter into an agreement with
19 the state or the county, or both, for the operation and
20 maintenance of any of the facilities acquired,
21 constructed, or within the jurisdiction of the district
22 pursuant to this article, including state lands.
23 Sec. 508. All or a portion of the harbor facilities and
24 the ocean entrance may be constructed by funds
25 provided by the federal government pursuant to the
26 Water Resources Development Act of 1986.
27 Sec. 509. If an ocean entrance is authorized and
28 constructed, the district shall maintain the sand supply to
29 the beaches within the littoral cell from Anaheim Bay to
30 Newport Bay so that the mean high tide line does not
31 retreat landward from the line existing prior to
32 construction of the ocean entrance, as determined by the
33 State Land Commission. The district shall provide secure
34 funding searees for the maintenance of the sand supply
35 to the beach prior to construction of an ocean entrance.
36
37 CHAPTER 6. WATER AND SEWER FACILITIES
38
39 Article 1. General Provisions
40
92 670
SB 1517 — 38 -
1 Sec. 600. The district shall finance and construct
2 water and sewer facilities necessary for development of
3 the property within the district.
4 Sec. 601. At the time of connection of any residential
5 or commercial structure, improvement, or group of
6 structures or improvements to the water or sewer
7 systems acquired or constructed by the district, the
8 district shall dedicate and the city shall accept dedication
9 of all portions of the water and sewer systems necessary
10 to provide water and sewer service to those structures or
11 improvements.
12 Sec. 602. Upon dedication of all or any portion of the
13 water and sewer system to the city, the city shall
14 thereafter provide water and sewer services on a uniform
15 basis without discrimination to all properties with water
16 and sewer connections on the dedicated portions. The
17 city shall operate the system to allow the nondedicated
18 portions to serve the project area in a timely and
19 reasonable manner.
20 Sec. 603. The city may impose a water rate and a
21 sewer fee for the provision of water and sewer services to
22 users within the district which will cover the cost to the
23 city of providing those services, including a reasonable
24 surcharge.
25 Sec. 604. At the time of dedication of the water or
26 sewer systems to the city, a connection fee shall be paid
27 in an amount specified by applicable city ordinances.
28 Sec. 605. Neither the district nor the city may impose
29 a water rate or water fee on the delivery, transmission, or
30 . provision of unappropriated nonpotable water used in
31 connection with the implementation of the wetlands
32 restoration plan. Except for flood control purposes, the
33 district shall not restrict, direct, or terminate the flow of
34 nonpotable water required for the restoration and for
35 maintenance of the wetlands. Nonpotable water
36 includes, but it not limited to, feasible runoffarising from
37 the southern bluffs and the Wintersburg Flood Control
38 Channel and tidal waters.
92 W
r�
— 39— SB 1517
I ,
1 Article 2. Sewer Facilities
I
2
3 Sec. 620. The district may acquire, construct, furnish,
4 maintain, and repair facilities for the collection,
5 transportation, treatment, and disposal or reclamation
6 and reuse of sewage. 'I
7 Sec. 621. Any sewer system designed and constructed
8 by the district and any improvements thereto shall be
9 designed and constructed in accordance with the
10 requirements of the city for those facilities, shall be
11 compatible and connect with the existing systems within
12 the city, and shall be approved by the city engineer.
13 Sec. 624. The district may construct its sewers in
14 public streets or roads and in its rights-of-way and, for f
15 that purpose, may enter upon those lands and make all
16 necessary and proper excavations, restoring the land and
17 improvements to proper condition.
18 The work of restoring and repairing any public street
19 in the district shall be done under the supervision of the
20 city department of public works at cost to the district and
21 in accordance with the standards established by the city.
22 Sec. 628. The district may require any resident or
23 property owner who desires to have any structure
24 connected to a district owned or operated sewer system
25 to pay a proportionate share of the cost of that system if
26 the property upon which the structure is located had not g
27 been assessed for its share of the cost of the acquisition,
28 construction, or installation of the sewer system or the
29 landowner had failed to pay the assessment.
30
31 Article 3. Water Facilities
32
33 Sec. 630. The district may acquire, plan, construct,
34 maintain, improve, and repair the necessary works for
35 the production, storage, transmission, and distribution of
36 water for irrigation, domestic, industrial, and municipal
37 purposes.
38 Sec. 631. Any water system designed and constructed t
39 by the district and any improvements thereto shall be
40 designed and constructed in accordance with the-
.
92 7(X)
i
r
SB 1517 — 40 — t
1 requirements of the city for the facilities, shall be
0
2 compatible and connect with the existing systems within
3 the city, and shall be approved by the city engineer.
4 Sec. 632. The city shall supply and deliver water to
5 the area during the development stage of the project at
6 a reasonable charge for providing those services, plus a
7 reasonable surcharge. All
8
9 Article 4. Alternative Provisions 1
10 1
11 Sec. 640. If the city is unable or refuses to accept 1
12 dedication of the sewer service or water system or 1
13 provide services related thereto, until such time as the 1
14 city is able or consents to provide those services, the 1
15 district may contract with another agency for the 1
16 services. If no such agency is available, the district may 1
17 acquire, control, distribute, and sell any water, and 1
18 provide sewer service for the beneficial use or uses of the 1
19 district or its inhabitants. The district may impose a water 2
20 rate and a service fee for provision of water and sewer �' 2
21 services within the district pursuant to this section. 2
22 Sec. 641. Any groundwater production activities of 2
23 the district shall be undertaken in compliance with the 2
24 well registration, replenishment assessment, and basin 2
25 equity limitation and assessment provisions of the 2
26 Orange County Water District Act (Chapter 924 of the 2
27 Statutes of 1933). 2
28 Sec. 642. The district shall not store water within the 2
29 Orange County groundwater basin, nor shall it undertake 3
30 any groundwater replenishment or groundwater 3
31 management or regulation functions without first 3
32 securing the consent, by resolution, of the governing 3
33 body of the Orange County Water District to conduct 01A
3
34 those groundwater storage, replenishment, 3
35 management, or regulation activities. 3
36 Sec. 643. The district shall not sell, distribute, 3
37
or
from
38 Orangert,County ground groundwater groundwater prodbasin outside the
g Y g e 9
39 boundaries of the Orange County Water District. .
92 720
r
— 41 — SB 1517
1 CHAPTER 7. FINANCIAL PROVISIONS I'
2 0
3 Article 1. Annual Budget
4
5 Sec. 700. The commission shall annually provide for
6 the appropriation of money for the use of the following �)
7 funds:
8 (a) A general fund which shall consist of money. i
9 received by the district and not specifically appropriated
10 to any other fund and may be allocated for the operations
11 and maintenance of district facilities or services not fully j
12 supported b other fund.
PP Y any
13 (b) A wetlands restoration fund which shall consist of .'
14 money received from any source, including district
15 revenues specifically allocated for the purposes of i.
16 Chapter 4 (commencing with Section 400) .
17 (c) A wetlands maintenance and operation fund
18 which shall have funding preference over any other
19 funds specifically allocated for the purposes of Chapter 4
20 (commencing with Section 415) .
21 (d) A federal cost-share fund which shall consist of
22 money received from revenues specifically allocated for
23 the purposes of Chapter 5 (commencing with Section
24 500) .
25 (e) A bond redemption fund which shall consist of
26 money received from revenues specifically allocated for
27 the payment of interest and principal on any outstanding
28 bonds of the district.
29 (f) A sand replenishment fund which shall consist of
30 money received from any source, including district
31 revenues, specifically allocated for the purposes of
32 Section 509.
33 Sec. 701. On or before June 15 of each year, the
34 commission shall adopt a preliminary budget which shall
35 conform to the accounting procedures for special districts
36 and the budgeting procedures for special districts of the
37 California Administrative Code. Copies of the
38 preliminary budget shall be forwarded to the State Lands
' 9J� Geffiffiiss the Departfft of F4,9h ac Game by
401 } -1 of eaeh year. Commission, the Department of Fish
92 722
B 1517 — 42-- s
1 and Game, and any agency or organization holding title »
Ito or managing the wetlands, by July I of each year for ' 2 ir.
3 ttheir review consistent with the budget responsibilities 3 of
4 Set forth in Section 416. The agencies shall have 30 days 4
5 n which to review the preliminary budget and to provide 5 of
6 omments to the harbor commission on the adequacy and 6
p
7 sufficiency of the budget for contribution to the funds 7
identified in subdivisions (b) and (c) of Section 700. : , 8
9 Sec. 702. The preliminary budget shall provide 9
10 appropriations from the general fund, the wetlands 10
11 conservation fund, the federal cost-share fund, and the 11 b
12 redemption of any long- or short-term debts of the 12 f
13 district. 13 r
14 Sec. 703. By September 15 of each year, the 14
15 commission shall adopt the final budget. Copies of the 15 t
16 final budget shall be forwarded to the State Lands 16 i
17 Commission, the Department of Fish and Game, the city, 17 E
18 and the county. lg
19 19 3
20 Article 2. Administration of Funds R 20
21 !i
22 Sec. 710. The commission may establish and transfer
23 money from the general fund to any other funds it deems 23
24 necessary to carry out this act and allocate revenues to 24
25 the funds in lieu of allocating them to the general fund. �� 25
26 No revenues specifically allocated to the funds described 26
27 in subdivision (b), (c) , or (d) of Section 700 may be 27
28 transferred or allocated to any other fund. 28
29 Sec. 711. The commission may, pursuant to Section 29
30 53653 of the Government Code, invest surplus money 30
31 available from any fund and may pool money from two 31
32 or more funds for investment purposes. 32
33 Sec. 712. If the commission pools and invests money 33
34 from separate funds, a portion of the earnings received 34
35 from investment shall be allocated to each fund in , 35
36 proportion to the amount contributed from each fund to 36
37 the investment pool. 37
38 Sec. 713. The Treasurer shall, pursuant to Section 38
39 53646 of the Government Code, annually render to the 39
40 commission a statement of investment policy and shall , 40
92 750 _
1 II
— 43 — SB 1517
1 provide a detailed monthly report on all investments
P Y P , �
2 including the types of investments, the rate of earnings
3 of each, and the distribution of investment earnings.
4 Sec. 714. All money in custody of the district not
5 otherwise invested shall be deposited for safekeeping
6 pursuant to Section 53635 of the Government Code.
7
8 Article 3. Federal Repayment, Assessment
9
10 Sec. 730. Prior to the adoption of the preliminary
11 budget each year, the chief executive officer shall
12 prepare a report estimating the amount of money
13 needed for the purposes of the federal cost-share fund. j
14 Sec. 731. If the commission determines that the
15 money available in the federal cost-share fund is
16 insufficient to meet the amount estimated by the chief
17 executive officer, the commission shall adopt a resolution
18 of intention to levy an assessment within the federal
19 repayment district established pursuant to Section 800.
20 Sec. 732. The resolution of intention shall specify the
21 amount of money needed to be raised by assessment and
22 establish a date, place, and time for a public hearing.
23 Notice of the hearing shall be published pursuant to
24 Section 6066 of the Government Code, and specify a
25 place and time where the resolution and report of the
26 chief executive officer may be seen by interested persons.
27 Sec. 733. Prior to the hearing, the commission shall
28 determine the need to establish a zone or zones within
29 the federal repayment district. Each zone for which an
30 assessment shall be levied shall be established pursuant to
31 Article 2 (commencing with Section 810) of Chapter 8
32 and referred to as a participating zone.
33 The commission shall determine the proportional
34 amount of the total assessment that shall be borne by each
35 participating zone based upon the benefits derived by
36 the respective zones.
37 It is declared that, for purposes of any assessment
38 levied under this article, the property so assessed within
39 a given zone is equally benefited.
40 Sec. 734. At the time and place fixed for the hearing,'
92 760
SB 1517 —44 --
1 or at any time to which the hearing may be continued, IV 1 cif
2 the commission shall consider all written or oral 2 (co-.
3 objections to the proposed assessments. During the 3 Mu
4 course of the hearing, the commission may establish new 4 (co
5 zones or exclude established zones from participation, 5 S
6 may change the boundaries of zones, or may reduce or 6 pui
7 increase the amounts to be assessed within each zone. w 7 6.1
8 Sec. 735. At the conclusion of the hearing, the 8 Dig
9 commission may abandon the levy of the proposed 9
10 assessments or approve them as originally proposed or as 10 col
11 amended during the course of the hearing. 11 col
12 Sec. 736. If the commission abandons the levy of the 12 ch
13 proposed assessments, no further proceedings related to 13 pe
14 assessments for the federal cost-share fund may be 14 to
15 undertaken for a period of not less than six months 15
16 following the conclusion of the hearing. 16 sh
17 Sec. 737. If the commission approves the levy of 17 Li
18 assessments, no additional assessments related to the 18 of
19 federal cost-share fund may be implemented for a period 19 ei
20 of not less than one year following the effective date of 2`� e1
21 the levy of the first assessment.
22 Sec. 738. Revenues generated through assessments 22 it
23 levied pursuant to this article shall be deposited in the 23 t(
24 federal cost-share fund and shall be used for the purposes 24 ii
25 for which that fund is established. �� 25 r
26 Sec. 739. Assessments levied pursuant to this article 26 v
27 shall be a lien on all the property benefited thereby. 27 a
28 Liens for those assessments shall be of the same force and 28
29 effect as other liens for taxes, and their collection may be 29
30 enforced by the same means provided for in the 30
31 enforcement of liens for state and county taxes. 31
32 Sec. 740. No assessments may be levied by the district 32
33 on property outside district boundaries. 33
34 �,+ 34
35 Article 4. Improvement and Benefit Assessments 35
36 36
37 Sec. 750. The district may levy assessments to finance 37
38 capital improvements pursuant to the Improvement 38
39 District Act of 1911 (Division 7 (commencing with �= 39
40 Section 5000) of the Streets and Highway Code) , the .0
92 780
r
--45 — SB 1517
1 Improvement Bond Act of 1915 (Division 10
2 (commencing with Section 8500) of that code), and the
3 Municipal Improvement Act of 1913 (Division 12
4 (commencing with Section 10000) of that code).
5 Sec. 751. The district may levy benefit assessments
6 pursuant to the Benefit Assessment Act of 1982 (Chapter
7 6.1 (commencing with Section 54703) of Part 1 of
8 Division 2 of Title 5 of the Government Code).
9 Sec. 752. All county officers charged with the duty of
10 collecting taxes shall collect, upon request of the
11 commission, district assessments levied pursuant to this
12 chapter with the general county taxes, with the same
13 penalties and interest, and, when collected, shall be paid
14 to the district.
15 Sec. 753. Assessments levied pursuant to this article
16 shall be a lien on all of the property benefited thereby.
17 Liens for those assessments shall be of the same force and
18 effect as other liens for taxes, and the collection may be
19 enforced by the same means as provided for in the
20 enforcement of liens for state and county taxes.
21 Sec. 754. Annual assessments and financial obligations
22 imposed pursuant to this act, including, but nor limited
23 to, general obligation bonds, revenue bonds,
24 improvement district bonds, and standby charges, shall
25 not exceed 1 percent of the assessed value of the property
26 within the district, as established by the latest equalized
27 assessment rolls.
28 Sec. 755. Notwithstanding any other -section of this
29 act, the district shall not impose any fees, special
30 assessments, assessments, or taxes on oil or gas in place or
31 on the removal, processing, storage, or sale thereof.
32
33 Article 5. Rates, Charges, and Fees
34
35 Sec. 760. The district may, in lieu, or in whole or in
36 part, of raising money for district purposes by assessment,
37 make water capacity available to the holders of title of
38 land or the occupants thereon, and may fix and collect
39 charges therefor. The charges may include standby s
40 charges to landowners to which water may be mado
92 HM
SB 1517 —46 —
1 available whether the water is actually used or not. 1 ch--gE
i
2 The charges may vary in different months and 2 i
3 different localities of the district to correspond to the cost 3 ds ec
4 and value of the service, and the district may use so much 4 Sec.
surcho
5 of the proceeds of the charges as may be needed to defray 5 6 Sectio
not t
6 the ordinary operation or maintenance expenses of the
7 district and for any lawful district purpose. 7 not r
8 Sec. 761. The commission may fix, regulate, and 8 lessee:
9 collect rentals, fees, or charges for the parking of vehicles 9 Sec.
10 in parking areas under the district's control, and may 10 pursu;
11 provide rates for different classes of customers or users. 11 sand
j con
se:
Sec. 765. Prior to fixing or amending fees or charges 12 sand
13 for the parking of vehicles, the commission shall adopt a 13 are E
14 resolution of intention to do so, which resolution shall 14 deter
15 establish a date, time, and place for a public hearing no 15 surc 16 sooner than 30 days after adoption of the resolution of 16 Sec
17 intention. 17 chard
18 Notice of the hearing shall be provided pursuant to 18 perrr
19 Section 6061 of the Government Code at least 15 days 19 5499(
20 prior to the hearing. A place and time shall be established 20 Se
21 for any interested person to review the proposed fees or 21 - - or
22 charges the commission intends to fix. 22 _nt
23 ' Sec. 766. The proceeds of the fees and charges for the 23 heaz
24 parking of vehicles shall be placed in the district's general 24
25 fund and expended for the maintenance, operation, 25
26 repair, and improvement of parkinglaces under control 26
P
27 of the commission. 27 S�
__ 28 Sec. 767. At the end of each fiscal year, the 28 esto
29 commission shall direct the district's finance officer to 29 the
30 determine if the proceeds of parking fees and charges 30
31 were in excess of the costs of normal operations, 31
32 maintenance, and repairs. 32
33 If the finance officer determines an excess exists, the 33
34 commission shall transfer the amount of the excess from34 re(
35 the general funds to the wetlands conservation fund to be 41:'J,
35 ob
36 used thereafter for the purposes and duties of the district 36 re,
37 as provided in Chapter 4 (commencing with Section 37 pa
38 400) . 38 7
39 Sec. 768. The commission may fix and alter rates of 39 1
40 wharfage charges, slip fees, anchorage fees, and other ;
92 820
i
--47 — SB 1517
1 charges for the use or right of use of any facilities �I
2 constructed, owned by, or under the control of, the
3 district pursuant to this act.
4 Sec. 769. The commission may establish an annual
5 surcharge, in addition to charges and fees authorized by
6 Section 768, for use of district-owned facilities, whether or
7 not those facilities are under control of the district, a
8 lessee, or another governmental agency.
9 Sec. 770. Proceeds from surcharges collected I'I
10 pursuant to Section 769 shall be deposited in the wetlands
11 conservation fund or the federal cost-share fund or the
12 sand replenishment fund for uses for which those funds
13 are established by this act. The commission shall
14 determine annually the disposition of the proceeds of
15 surcharges prior to the adoption of the annual budget.
16 Sec. 771. The commission may establish a schedule of
17 charges or fees pursuant to, and for any purpose
18 permitted by, Chapter 13 (commencing with Section
19 54990) of Division 22 of Title 5 of the Government Code.
20 Sec. 772. The schedule for charges and fees shall be ;I
21 adopted or amended annually prior to the adoption of the
22 annual budget and shall be considered at the time of the
23 hearing set for the consideration of the annual budget.
24
25 Article 6. Real Estate Transfer Tax or Fee
26
27 Sec. 774. The district may not levy any form of real
28 estate transfer tax or fee for any purpose associated with
29 the Bolsa Chica land development.
30
31 Article 7. Short-Term Borrowings
32
33 Sec. 790. If money is needed for the immediate
34 requirements of the district in any fiscal year to pay
35 obligations lawfully incurred and before receipt of
36 revenues for the fiscal year is sufficient to meet
37 payments, money may be borrowed pursuant to Article
38 7 (commencing with Section 53820) of Chapter 4 of Part
39 1 of Division 2 of Title 5 of the Government Code.
92 A30
SB 1517 -- 48—
1 Article 8. Bonded Indebtedness ^ F�riF
2 `. ` ;cli
3 Sec. 793. For the purpose of issuing bonds, the district 3
4 may exercise the authority and be subject to the 4 as
5 provisions and limitations of Chapter 2 (commencing 5 th
6 with Section 35950) of Part 6 of Division 13 of the Water 6 ai
7 Code. The commission shall have, with respect to the 7 3(
8 issuance of bonds, the same rights, powers, duties, and 8 sl
9 responsibilities as the board of directors of a California 9 p-
10 water district. 10 d
11 Sec. 794. For the purpose of issuing general obligation 11
12 bonds, the district shall be subject to the authorization, 12 b
13 limitation, and procedures of Chapter 3 (commencing 13 C
14 with Section 36150) or Chapter 3.5 (commencing with 14 c
15 Section 36250) of Part 6 of Division 13 of the Water Code. 15 s
16 The commission shall have, with respect to the issuance, 16 f
17 sale, redemption, and other miscellaneous provisions 17 N
18 pertaining to the administration of general obligation 18 N
19 bonds provided in that Chapter 3 or 3.5, the same rights, 19 c
20 powers, duties, and responsibilities of the board of 20
21 directors of a California water district.
22 Sec. 795. For the purpose of issuing revenue bonds, .
23 the district shall be subject to the provisions, procedures, 23
24 and limitations of Chapter 4 (commencing with Section 24
25 36300) of Part 6 of Division 13 of the Water Code. The 25
26 commission shall have, with respect to the issuance, sale, ®%A 26
27 and administration of revenue bonds and other 27
28 miscellaneous provisions of that Chapter 4, the same 28
29 rights, powers, duties, and responsibilities of the board of 29
30 directors of a California water district. 30
31 Sec. 796. Improvement districts consisting of 31
32 contiguous or noncontiguous portions of the territory of 32
33 the district may be formed, and bonds and warrants of P
34 the district may be issued for those improvement districts - * 34
35 pursuant to Chapter 4.9 (commencing with Section
36 36410) , Chapter 5 (commencing with Section 36450) , and 36
37 Chapter 6 (commencing with Section 36455) of Part 6 of 37
38 Division 13 of the Water Code. The commission shall' 38
39 have, with respect to the formation of improvement 39
40 districts and the issuance of bonds therefor, the same
92 850
i
—49— SB 1517
A• 1 rights, powers, duties, and responsibilities of the board of
2 directors of a California water district.
3 Sec. 797. For the purpose of the levy and collection of
4 assessments and other provisions of law related thereto,
5 the district shall be subject to the provisions, proceedings,
6 and limitations of Part 7 (commencing with Section
7 36550) of Division 13 of the Water Code. The commission
8 shall have, with respect to assessments, the same rights,
9 powers, duties, and responsibilities of the board of
10 directors of a California water district.
11 Sec. 798. Prior to the completion of the investigtion
12 by the District Securities Division of the State Treasurer's
13 Office undertaken pursuant to this article, the
14 commission shall by resolution notify the board of
15 supervisors that it intends to provide for the issuance of
16 bonds. The resolution shall be accompanied by a report
17 which describes the plan of the project to be financed
18 with the proceeds of the bonds in such detail as the
19 county auditor-controller may require and shall also be
20 accompanied by such other information as the
21 auditor-controller may require, including a copy of any
22 report available from the District Securities Division of
23 the State Treasurer's Office concerning those
24 proceedings.
25 Sec. 799. (a) No later than 120 days following receipt
26 of the district's resolution of intention, the board of
27 supervisors shall by resolution make findings regarding
28 the following:
29 (1) The extent to which the facilities or works to be
30 acquired or constructed with the proceeds of the bonds
31 are needed to accomplish the purposes of the certified
.� 32 Bolsa Chica Local Coastal Program and are in compliance
with the limitations and conditions of that program.
4 (2) That the amount of the annual assessments for
standby charges, existing bond issues, and bonds to be
36 issued does not exceed 1 percent of the assessed value of
37 the lands within the district, based upon the county's
38 atest equalized assessment rolls.
-- (3) That the proceeds of the bonds shall fiet only be ,
f
�b f used to eW lfs eT- r���ties under ,
92 861
SB 1517 — 50 --
1 eee� ep eity geidelin are a t
2 of �e e, , as `L 11
3 £ef � the deyel�� acquire or 3 E
4 onstruct public works or public facilities that may be 4
5 defined by applicable county or city guidelines or 5 o
6 standards or as provided by the development agreement 6 i
7 specified in Section 149. 7 E
(b) No bonds shall be issued prior to the adoption of �� 8
9 an affirmative finding on each of the issues set forth in 9 c
10 subdivision (a) and the board of supervisors concludes - 10 ;
11 that the issuance is in the public interest. A certified copy 11
12 of the board of supervisors' resolution shall be filed with 12
13 the clerk of the district, the City Clerk of the City of 13
14 Huntington Beach, and the Chief of the District 14
15 Securities Division of the State Treasurer's Office within 15
16 the 120-day period specified in subdivision (a). 16
17 17
18 CHAPTER 8. FEDERAL REPAYMENT, WETLANDS 18
19 RESTORATION, AND BEACH MAINTENANCE DISTRICT, 19
20 ZONES OF BENEFIT, AND IMPROVEMENT DISTRICTS 0
21 1
22 Article 1. Federal Repayment District 22
23 i 23
24 Sec. 800. If the district enters into an agreement to 24
25 obtain funds to construct, operate, and maintain a , 25
26 navigable ocean entrance and related facilities pursuant 26
27 to Section 500, it may establish a federal project 27
28 repayment district within all or a portion of the district 28
29 to repay all federal costs as agreed to by the parties to the 29
30 agreement. 1 30
31 That district shall consist of lands that will generate 31
32 revenues from any source, which revenues shall be 32
33 allocated for deposit in the federal cost-share fund and - 33
34 used for the purposes for which that fund is established 34
35 by this act. off 3�
36 Sec. 801. The federal repayment district may consist 3E
37 of separate zones of benefit established pursuant to 37
38 Article 2 (commencing with Section 810) . 3;
39 The types and levels of assessments or charges levied „ 31
40 within each zone shall be, as near as is practical, related 4
92 880
SBi-1517 S
_ .. .. ,, •_ ..--'r ;� .'- , may+''is
1 to the benefits:received within`each zone: The,type and
2 level of assessment.:or charge shall be uniform' within`
3 each zone. :... .: . . :;
4 Sec. 802: Zones of benefit formed for.purposes of this'
5 article " 'shall be established, altered, "or. dissolved 'as 1
6 • provided in Article'2 .(commencing`with- Section 810) ;
7 except that no zone established'as provided in this article
8 shall be altered or dissolved so as to impede or hinder the
9" district from fulfilling its"obligations or responsibilities as'
10 a -,party to' any :agreement entered into pursuant to'
11 Section 500: -
12
13 Article 2. 'Zones'.of Benefit
14
15 , Sec. 810 The district:may establish zones of benefit,
16 within any .portion of.the`territory,:of.the district: :The
17_ zones may:- be .esta_blished, providing"the :commission
18';makes either_of the following findings:`
19 :; (a). The _-land` or inhabitants 'within.:...the.:zone�:will'
20 receive"special benefit from the services-.or programs
21 provided within the zone or that special,circumstances.
22 ...require.'the district to extend a srvice:or a:higher.leve'l
23. of service to the area of the zone than that which is
24 required in other portions of the district.
�. 25 (b) The land or inhabitants.of the zone may be..subject
26 to additional charges or "assessments for the -services or f{
27 ;programs extended to the zone or*for services;which are i
28,� :provided at. a" higher level 'than in other -areas of the
29 district. {�
30 Sec:.811. Upon making findings. pursuant to Section
.31 810,'.the district may adopt"a resolution of intention to
32 form a zone and to set a date, time, and place for hearing
33 on the. resolution. 'Notice of hearing:shall be provided
34 ;pursfiant to Section 6066 of the Government Code. . -
'' 35 Sec. 812. Prior to the adoption of a resolution of
36 .,intention, the district shall direct the chief executive
37- officer to prepare a __report describing the area ! {
38 recommended for inclusion in the zone, the programs,
39 improvements, or services to be undertaken, and an !
40 estimate of the amount of cost thereof. The report shall' '
II
92 900 �1
SB 1517 — 52 —
1 include an analysis of the method or alternative methods it '
1 pr
2 by which funds shall be provided for those programs, 2 ei'
3 improvements, or services, and the amount to be borne 3
4 by each of the inhabitants or landowners within the zone. 4 re
5 Sec. 813. Upon acceptance of the chief executive 5
6 officer's report and adoption of the resolution of 6 la
7 intention, copies of the report shall be made available to
7
8 any resident or property owner within the proposed zone 8 e:
9 and to any other person upon written request. 9 ai
10 Sec. 814. No sooner than 35 days or later than 70 days 10 st
11 after the adoption of the resolution of intention, the 11 tl
12 district shall hold a hearing and consider protests to the 12 tl
13 formation of the zone. Any time prior to the conclusion 13
14 of the hearing, any resident voter or landowners within 14 v
15 the district may file a written protest or withdraw a 15 a
16 protest previously filed. 16 E
17 Sec. 815. A protest by a resident voter shall contain his 17
18 or her signature and an address sufficient to enable the 18 E
19 place of residence to be ascertained. A protest by a
20 landowner shall contain his or her signature and a
21 description of the land owned sufficient to identify the 21
22 land. A public agency owning land within the zone shall 22 1
23 be deemed a landowner for the purpose of making a 23
24 written protest. 24
25 Sec. 816. For protests signed by a resident voter, the 25
26 secretary of the district shall compare the names of the 26
27 signers against the list of registered voters in the office of 27
28 the county registrar of voters. For protests signed by 28
29 landowners, the secretary of the district shall compare 29
30 the names and property descriptions on the protest 30
31 against the property ownership records of the county 31
32 assessor. 32
33 Sec. 817. At any time prior to the conclusion of the 33
34 hearing, the district may include or exclude territory 34
35 from the proposed zone. If more territory is included, the J 35
36 district shall continue the hearing for a period of time 36
37 sufficient for residents or owners of land within the added 37
38 territory to file protests as provided in Section 814. 38
39 Sec. 818. A majority protest shall be deemed to exist 19
40 if the district finds that protests filed and not withdrawn _ 40
92 920
I
— 53 — SB 1517
1 prior to the conclusion of the second hearing represents
2 either of the following:
3 (a) More than 50 percent of the voting power of the
4 resident voters residing within the proposed zone.
5 (b) More than 50 percent of the assessed value of the
6 land within the proposed zone.
7 Sec. 819. If the district finds that a majority protest i
8 exists, the proposal to establish a zone shall be abandoned
9 and no new proposal to form a zone, including
10 substantially the same purposes, shall be considered by
11 the district for a period of two years following the date of
12 the conclusion of the hearing.
13 If a majority protest has not been filed, the district,
14 within 35 days of the conclusion of the hearing, shall
15 adopt a resolution approving or disapproving
16 establishment of the proposed zone.
17 Sec. 820. Any proposal to include territory to, or
18 exclude territory from, a zone shall be subject to the same
19 provisions and proceedings as a proposal to establish a
20 zone, except for both of the following:
21 (a) In addition to considering and weighing protests
22 from residents or property owners of the land to be
23 included or excluded, the district shall also consider and
24 weigh the protests of residents and property owners
25 within the zone to or from which the territory is proposed
26 to be included or excluded.
27 (b) If the district finds that a majority protest exists
` V ` 28 within either the territory or the affected zone or the
29 territory to be included or excluded, the proposed
30 inclusion or exclusion shall be abandoned. The absence or
31 existence of a majority protest shall be determined as
32 provided in Section 809.
33 If a majority protest does not exist, the district shall
34 adopt a resolution approving or disapproving inclusion or
35 exclusion.
36 Sec. 821. Any proposal to dissolve a zone shall be
37 subject to the same proceedings provided for in this
38 article to establish a zone.
39 Sec. 822. A proposal to establish, dissolve, or include
40 or exclude territory from a zone may be initiated by a
SB 1517 -- 54 --
1 petition containing the signatures of not less than 25
2 percent of the registered voters or landowners
3 representing not less than 25 percent of the assessed
4 value of the territory which would be affected by the
5 proposal.
6 Sec. 823. The secretary of the district, in determining
7 the sufficiency of a petition filed pursuant to Section 813, -
8 shall follow the same procedure for evaluating protests as
9 provided by this chapter. Upon certification by the
10 secretary that a petition is sufficient, the district shall
11 undertake proceedings provided for by this chapter.
12
13 CHAPTER 9. * MISCELLANEOUS
14
15 Sec. 900. No reimbursement is required by this act
16 pursuant to Section 6 of Article XIII B of the California
17 Constitution because this act is in accordance with the
18 request of a local agency or school district which desired
19 legislative authority to carry out the program specified in
20 this act and because the other costs which may be `
21 incurred by a local agency or school district will be
22 incurred because this act creates a new crime or
23 infraction, changes the definition of a crime or infraction,
24 changes the penalty for a crime or infraction, or
25 eliminates a crime or infraction.
O
92 950
C1)3- 87
REQUEbT FOR CITY COUNCIL ACTION
Date April 16, 1987
Submitted to: Honorable Mayor and City Council Members
Submitted by: Charles W. Thompson, City Administra
Prepared by: Richard Barnard, Assistant to the City A ministrator
Subject: BOLSA CHICA LAND USE PLAN AND SB 1517
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
Statement of Issue:
City staff members, and special counsel, Katherine Stone, have met, discussed, and
prepared amendments to SB 1517 (Bergeson). Staff is requesting the City Council to
review and approve the proposed amendments and forward these amendments to Senator
Marian Bergeson for inclusion into SB 1517.
Recommendation:
%10 1. Approve amendments to SB 1517 (Bergeson) and direct staff to transmit the
0 approved amendments to Senator Bergeson.
�-� 2. Authorize the Mayor and staff, or their designees to travel to Sacramento to
present testimony April 29, 1987, before the Senate Local Government Committee,
p� C�/D and on May 5, 1987, before the Senate Natural Resources Committee.
N6 3. Support local coastal land use planning process for Bolsa Chica, including land
10 use designation on the mesa and completion of studies on technical and financial
e4) feasibility of ocean entrance, wetland restoration, Huntington Harbour connection
and resolution of issues identified for confirmation review by the Coastal
Commission.
�p 4. Support continued negotiations with Signal Landmark on
p t43 A) annexation/development agreement to implement final plans.
UQ� Analysis•
The City Council directed staff and special counsel Burke, Williams & Sorensen, to review
SB 1517 (Bergeson) and prepare amendments which would serve the interest of the citizens
of Huntington Beach and the future residents of Bolsa Chica.
During the negotiation with representatives of Signal Landmark, frank and candid
discussions concerning the needs and desires of both the city and Signal were articulated
and shared. Staff believes it has a good understanding of Signal Landmark's position and
believes that the issue pertaining to the implementation of the Bolsa Chica Land Use Plan
can best be accomplished through the preparation of an annexation development
agreement rather than through vesting a special district with the broad powers and
authority which are currently found within the legislation and would pre-empt city powers.
PIO 5/85
Both the city and Signal Landmark have indicated a willingness to enter into negotiations
for the purpose of defining the implementation studies and setting responsibility in
carrying out the Bolsa Chica Land Use Plan and providing coordination with the city
certified Local Coastal Program.
Proposed Amendments to SB 1517 (Bergeson):
The city's proposed amendments to SB 1517 include significant changes to the bill as it was
originally introduced. The proposed amendments are directed toward accomplishing the
following objectives:
1. Limit the special district boundaries and powers (including eminent domain) to
the unincorporated county territory and clarify that the city's certified Local
Coastal Program covers the Bolsa Chica State Beach and that the city has permit
authority over that area.
2. Protect the current police powers and permitting authority of the City of
Huntington Beach.
3. Directs the landowner/developer to work within the existing government
institutions (city and county) to provide for the operation and maintenance of basic
municipal services (water and sewer) on a long term basis and facilitate annexation
prior to development rather than a new layer of government with powers that
overlap and duplicate city and county authority. The amendments limit the water
and sewer powers of the district.
4. Eliminate the proposed special district's ability to impose taxes and put a 1%
cap on assessments, e.g. (occupancy tax).
5. Include the special district's participation in the Federal Sand Replacement
Program between Anaheim Bay and Newport Beach and insure that any beach
erosion that may be the result of an ocean entrance is restored and controlled by
the district..
Bolsa Chica Land Coastal Land Use Plan:
The city has monitored the development of the Bolsa Chica Local Coastal Program for the
past several years and has, during that time, provided input concerning the plan to both
the county and California Coastal Commission.
The Bolsa Chica Local Coastal Program was adopted by the Orange County Board of
Supervisors on December 15, 1985, and certified subject to confirmation by the California
Coastal Commission, pending the completion and submission of certain information
reports to the California Coastal Commission. During the LCP confirmation process
information that is required as a part of the confirmation process consists of the following:
1. Engineering and Modeling for the ocean entrance (cut) and associated mitigation
measures, financing, mechanism, and operations and maintenance.
2. Huntington Harbour connection including the feasibility, mitigation measures,
financing, and operation and maintenance.
3. - Preparation of a wetland restoration concept plan indicating how the plan will
be implemented and including phasing, financing, operations, and maintenance.
4. Identification of the specific location of the Cross Gap Connector alignment.
5. Presentation of information on how the issues surrounding the MWD property
will be resolved .
6. Providing information on the potential project agreement with various agencies
concerning phasing, timing, financing, etc.
7. Provide EIR addendums and provide further work on the Land Use Plan exhibits
including refined geotechnical data and illustrating exact alignments of roadways.
All this information is needed as part of the Coastal Commission's Confirmation review of
the LCP. .The city will monitor the progress that is being made on these various reports
and studies and keep the City Council informed. Implementation of the final plan for the
Bolsa area may require amendments to the city's certified Local Coastal Program which
covers part of the planning area including Bolsa Chica State Beach.
The city staff believes that the city can conditionally support the land uses shown on the
mesa in the Bolsa Chica Land Use Plan with the understanding that it is recognized that a
number of issues, as identified by the Coastal Commission, still need to be carefully
studied during the confirmation process.
Funding Source:
None required.
Alternative Action:
(1) Totally exclude the water and sewer power from SB 1517.
(2) Take no action at this time on the Orange County Local Coastal Plan as conditionally
certified by the California Coastal Commission in January 1986.
(3) Pass a resolution requesting the legislature to defer action on this Bill.
Attachments•
Copy of the proposed amendment to SB 1517.
LCP Planning Process Flow chart
CWT:RB/paj
2637a
Bosh the city and Signal Landmark have indicated a willingness to enter into negotiations
for the purpose of defining the implementation studies and setting responsibility in
carrying out the Bolsa Chica Land Use Plan and providing coordination with the city
certified Local Coastal Program.
Proposed Amendments to SB 1517 (Bergeson):
The city's proposed amendments to SB 1517 include significant changes to the bill as it was
originally introduced. The proposed amendments are directed toward accomplishing the
following objectives:
1. Limit the special district boundaries and powers (including eminent domain) to
the unincorporated county territory and clarify that the city's certified Local
Coastal Program covers the Bolsa Chica State Beach and that the city has permit
authority over that area.
2. Protect the current police powers and permitting authority of the City of
Huntington Beach.
3. Directs the landowner/developer to work within the existing government
institutions (city and county) to provide for the operation and maintenance of basic
municipal services (water and sewer) on a long term basis and facilitate annexation
prior to development rather than a new layer of government with powers that
overlap and duplicate city and county authority. The amendments limit the water
and sewer powers of the district.
4. Eliminate the proposed special district's ability to impose taxes and put a 1 %
cap on assessments, e.g. (occupancy tax).
5. Include the special district's participation in the Federal Sand Replacement
Program between Anaheim Bay and Newport Beach and insure that any beach
erosion that may be the result of an ocean entrance is restored and controlled by
the district..
Bolsa Chica Land Coastal Land Use Plan:
The city has monitored the development of the Bolsa Chica Local Coastal Program for the
past several years and has, during that time, provided input concerning the plan to both
the county and California Coastal Commission.
The Bolsa Chica Local Coastal Program was adopted by the Orange County Board of
Supervisors on December 15, 1485, and certified subject to confirmation by the California
Coastal Commission, pending the completion and submission of certain information
reports to the California Coastal Commission. During the LCP confirmation process
information that is required as a part of the confirmation process consists of the following:
1. Engineering and Modeling for the ocean entrance (cut) and associated mitigation
measures, financing, mechanism, and operations and maintenance.
2. Huntington Harbour connection including the feasibility, mitigation measures,
financing, and operation and maintenance.
3. Preparation of a wetland restoration concept plan indicating how the plan will
be implemented and including phasing, financing, operations, and maintenance.
4. Identification of the specific location of the Cross Gap Connector alignment.
5. Presentation of information on how the issues surrounding the MWD property
will be resolved .
1��
6. Providing information on the potential project agreement with various agencies
concerning phasing, timing, financing, etc.
7. Provide EIR addendums and provide further work on the Land Use Plan exhibits
including refined geotechnical data and illustrating exact alignments of roadways.
All this information is needed as part of the Coastal Commission's Confirmation review of
the LCP. The city will monitor the progress that is being made on these various reports
and studies and keep the City Council informed. Implementation of the final plan for the
Bolsa area may require amendments to the city's certified Local Coastal Program which
covers part of the planning area including Bolsa Chica State Beach.
The city staff believes that the city can conditionally support the land uses shown on the
mesa in the Bolsa Chica Land Use Plan with the understanding that it is recognized that a
number of issues, as identified by the Coastal Commission, still need to be carefully
studied during the confirmation process.
Funding Source:
None required.
Alternative Action:
(1) Totally exclude the water and sewer power from SB 1517.
(2) Take no action at this time on the Orange County Local Coastal Plan as conditionally
certified by the California Coastal Commission in January 1986.
(3) Pass a resolution requesting the legislature to defer action on this Bill.
Attachments:
Copy of the proposed amendment to SB 1517.
LCP Planning Process Flow chart
CWT:RB/paj
2637a
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EXHIBIT 30