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File 6 of 9 - Bolsa Chica Annexation Proposal - City Amendme
• SIGNAL LANDMARK Jeffrey B.Holm Senior Vice President Land Develminenf June 13, 1989 Mr. Paul Cook, City Administrator CITY OF HUNTINGTON BEACH 2000 Main Street,4th Floor Huntington Beach, CA 92648 Dear Paul: In support of the City Council action of June 5, 1989, I wish to encourage the City staff to proceed in processing all necessary General Plan & Local Coastal Program amendments, environmental impact analysis and zone changes as required to conform such plans and ordinances to the Bolsa Chica Planning Coalition Land Use Plan Alternative of May 22, 1989. I specifically request that the City proceed to process all necessary plan amendments, environmental impact analysis and zone changes related to the adjacent Signal-owned property located at the intersection of Bolsa Chica Street and Los Patos Avenue (Assessor's Parcel No. 110-015-22) to conform with the residential land use categories adopted as part of the Coalition Plan Alternative. I request that the portion of Parcel 110-015-22 north of the projection of the Cross-Gap Connector (as indicated on the Coalition Plan Alternative) be considered for residential use at a density up to 12.5 units per acre, and the balance of the parcel south of the Cross-Gap Connector for residential use at a density up to 18.0 units per acre (refer to attached exhibits). It is most timely to consider the development of this adjoining parcel as a part of the overall plan and process for Bolsa Chica. I had mentioned earlier that Signal has now retained outside legal counsel to begin the negotiation process with the City and County in establishing a pre-annexation/development agreement. We look forward to working with the City towards such agreement as a necessary element to implementing the Coalition plan alternative for Bolsa Chica. We appreciate your cooperation and work efforts in bringing together the Coalition Plan Alternative and assistance throughout the overall planning process. Sincerely, 'SIGN L LANDMARK Jcf r olm Sr. Vice President JBH:jm Attachment(s) cc: Jim Palin Ken Winters Ron Tippets 17890 Skypark Circle Irvine,CA 92714 714•261•0360 FAX 714•261•1902 B®LSA CHICA COALITION PLAN ALTERNATIVE RESIDENTIAL DENSITIES 5/22/89 LINEAR PARK/ESHA UP TO 6.5 UNITS PER ACRE FLOOD CONTROL CHANNEL UP TO 12.5 UNITS PER ACRE r - __`.� UP TO 18.0 UNITS PER ACRE MWD GAP - - - ACREAGE SUMMARY -6--�--- 4 ACRES LAND USE TYPE 412.3 RESIDENTIAL _ - _- ::.......:.....::... .:.. CONNECTOR 1104.9 WETLANDS/ESHA/OP.ENSPACE - .:CROSS-- MESA - - _ 50.9 LINEAR PARK/ESHA - 53.7 ROADWAYS - 13.2 FLOOD CONTROL CHANNEL .................. 'O. : ai - _ - -WETLANDS/ESHA/OPEN SPACE 1635.0 TOTAL ................................... . ............. ....................................... ............................... ......................... ................................. - _ LINEAR PARK/ESHA PACIFIC COAST HIGHWAY U ti POTENTIAL NON-NAVIGABLE-----r IEXISTING RESTORED WETLANDS OCEAN CONNECTION SEE SPECIAL PAGE 110-019 FOR FEE TITLE ASSESSMENT BELOW SURFACE 's9 .s o 'O� 110 - 01 T5 86S., R. lIW 663 ,s +° 63 J /6'�0 O S Lo .65 66 \COS A C ti /265AC/000, N/62 AC j.75.ac .64°B1 9 25ac q.� 0) v < � c 6028 \ � 27a FN 0) ,A4.96 , 5Fi9ro\e yp\a�o3 � (70 22554C 703 e•'.�. n0 pJticgq, 57 V s CALE/ -/00 (o \ v 7I ;o/Ac. °. a72Aco ,5 39.5/Ac. ,7 � � � i _ s 91 °° rq 55 0 163 22 \�� 7S3 56' . 25 27 163-26 465,A, ` gi 2 p: 3°°° I 163 `ay 91J!/559 oa CL� s O 22 554, 22AC ° 46 30.99 AC. 3'o 47 48 EC Teo R 5.3-28 pJ Q� \ 44 ' i+z�� 4.59 AC. 25780AC 49AC 0' �c j°J 578AC 20 B9.99 AC O O� s s 53/2.704C• OPT 21 5.05AC. - BZ 90AC. 29 8.26ac\ 49 42 hp0 44 51 b .1 \� sue' 33.76AC. ^! p\\OAC. M /6.36AC. 19 41 20.5iAC. ✓g 43//.09AC. n 17 O 18 O 30 5.4 V� AC C� O " 0 10 4 3 2 I I 298AC. \ '39 05AC o 50 /0.33 225./3AC. h� 0\ g O c P 16 AC. J a3'7l g 10 _ 54.62AC O 32 .2.29A \ 33��, s--i 233 07AC g O tia-a V,A 4C /c 6 B 7HIS PAP VIAS PREPARED FOR ORANGE COUNTY ASSESSOR DEPT.PURPOSES ONLY'.OTE-ASSESSOR'S BLOC<8 ASSESSO mi C� R. S. -5 26 THE ASSESSOR NWES NO GUARANTEE AS TO PARCEL NU-VSE-S BOOK 110 PAGE 0. ITS ACCURACY NOR ASSUMES ANYLMILITY SHOWN IN CIRCLES COUNTY Or OR;,NGF FOR OTHER USES: NOT TO BE REPRODUCED. I,LL RIGHTS RESERVED. 0 COPYRiGHT011 N E COUINTYASSESSOR 1988 I , 4 r tro 0 3' 'UO' L I A ' N ""' LAN UuALIT108"' r ALTERNATIVE 5/22/89 RESIDENTIAL DENSITIES LINEAR PARK/ESHA UP TO 6.5 UNITS PER ACRE FLOOD CONTROL CHANNEL f=- UP TO 12.5 UNITS PER ACRE V UP TO 18.0 UNITS PER ACRE GAP t+- MWD - � � ACREAGE SUMMARY J LAND USE TYPE :.: ':::::.:;;};ii::::::::::::i.::�::'::::::`:'::::ii::::}:::: :::::::: _ �. ACRES - - b _ - 412.3 RESIDENTIAL . ... ... ....................... '.'}/:�.�:.yy�::..:��]J:..::..:......... .:. :. ..... .... _.. ._..... /.-T ................ 1104.9 WETLANDS ESH OPENSPACE ..... .... --- -_---_- __-- - - - M ESA 50.9 LINEAR PARK/ESHA 7.:t0: ►-r` - _ - - -"- ±-� ._� _ r _� 53.7 ROADWAYS 7. 13.2 FLOOD CONTROL CHANNEL ' O WETLANDS/ESHA/OPEN SPACE- 1635.0 TOTAL J i- - .. �- - _ _ - - z - - �- - - - Q� _ .. 'r- t - - - _ - - - . _ _ -� -- _ - r LINEAR PARK/ESHA PACIFIC COAST HIGHWAY POTENTIAL NON-NAVIGABLE-r EXISTING RESTORED WETLANDS OCEAN CONNECTION { - -SEE SPECIAL PAGE 110 - 019 FOR FEE TITLE ASSESSMENT BELOW SURF4.CE; 110 - 01 T5 B6S5�- . R. lIW �S9 "fl�NaJ 64 ' ��tl��s 63 JE O� ti d V) 165 /0 00 r / N/.62 AC j 66 4C 195,4C pJ� Fo30\p�C�i��, p 61 9.25Ac28 68 bIn 6027 ,� 59Js ' \j°) 4.96AC. (70 69 2295AC 1 . 03 A/L \ ACGET 57\D r 71 ; 1 AC.l -/00 14 72AC v 39.5/AC. a s \"J/6`7' Qj 10 y '' ao a^p Q a p � h _A 55 9 7. 163-22 \� �N� 7s8 56 163-27 163-26 4853AC. q, /��� 23 1 �' 82731698 0R I, �' 22 ' 622AC. 46 30.99Ac. _ C�J v i 4. 3O M 47 48 R S 3-28 .434C P QP O\�J 24 ' ,iaz 3 4.59AC. 257.80AC - ; / �y 340 5.78AC n \ 89.99AC 53 OV ,3 20 � /2.TOAC �P 21 5.05AC. 29 8. so - 51 26AC. e y95 - Q p� � W N 42 \5 44 x 49 33.76 AC. A \\0 ACnM e o� 3 /6.36AC. I9 41 20.5/AC. L ne " 0 43//.09AC. vJ 7 2 5 (�� 17 AC / 30 S " D �� 5� 14 13 12 11 2.98AC. \ '30 05AC 0 �°� 29 \ Q 0� 16 AC. C Ci 10.33 ssya p9 225./3AC. FJ/ 41\ �Q Fy O 54.63AC 15 c 31 5.14 AC. \ J \45 9/ C 5 ; 6, "� 32 36 2.29AC. 38 3.44AC. 33`-'ems X �.. 233.07AC 'a \5 p�• -z /l C2-1C 4 t 34 35 .� �t 32.7C 2.52AC. 2. 20 s0.1 6z-7 8526 AC 7 7-- 3 58 AC � ' 72 i -SEE lL •,A•. COUNTY ✓E`G L/NE 3M( hf/_ I MARCH 1968 THIS MAP WAS PREPARED FOR ORANGE � COUNTY ASSESSOR DEPT. PURPOSES ONLY� ASSESSO M OTE - ASSESSOR'S BLOCK � O R. 5. 3 - 28 THE ASSESSOR MAKES NO GUARANTEE AS TO PARCEL. NUMB= •S BOOK 110 PAGE Oil ITS ACCURACY NOR ASSUMES ANY LMILITY SHOWN IN CIRCLES COUNTY OF ORANG` FOR OTHER USES: NOT TO BE REPRODUCED. - ALL RIGHTS RESERVEI): 0 COPYRIGHT DRA�COUNN ASSESSOR 1988 a. a - COMMITTEES: CHAIRMAN AGRICULTURE AND LOCAL GOVERNMENT WATER RESOURCES CHAIRMAN V,y 1 - REVENUE ANO TAXAT:GN SELZCT_*'AMITTEE ON PLANNING `y �f,I TRANSPCRTATION FOR CALfFf�PNIA S SROWTF4 "7 i F-ISUC_MPLO�MENT VICE CHAIRMAN ANC RET!PE.MENT S4JCCMM177EE ON EDUCATION AG?CUL7URAL DPAINAGE PRAC'CES a[If ornia estate *eriate MARIAN BERGESON 5c;IA".:iR THIR' SE',EN`, Z'STP; - May 19 , 1987 A&4? The Honorable .Jack Kelly Mayor , City of Huntington Beach Council Chambers 2000 Main Street Huntington Bea CA 92648 Dear Maf,br I want to thank you , the other Council members and your staff for the positive nature of your participation in the legislative process as it relates to SB 1517 (Bolsa Chica) . As amended May 18 in the Senate Natural Resources and Wildlife Committee , I believe SB 1517 now contains the necessary legis- lative assurances the City has requested pertaining to this project . With these assurances , I would hope that the City will be able to continue to work towards achieving the necessary development agreements by the January 1 , 1988 date in the bill . In addition, I want you to know that my commitment to preserving the strong interests of the City of Huntington. Beach in SB 1517v as amended , remains intact . As you are aware , I , as the author of the measure , can opt to pull the bill at any time from consideration by the State Senate . I look forward to continuing to work with you and the City Council on this important legislation . I believe the final result of these discussions will bring about a well balanced bill which will meet the needs of all the interested parties . Cordially , cc : Council members Charles Thompson MARIAN BERGESON Jeff Holm Senator, 37th District MB/mf CAP-TCL GFPICE STA'E CAPITOL.SACtAMEN-O CA 34eta ?-C"+E 3iti:1-15 U36' ;RANGE,-OUNTV 140 NE•NIxOPT CEATEFZ CRIVE.SL,ITE•20..N E`n PCPT -_ 3EACH .A 32o6G _LE?-CVE.:7s:o.iG 1177 IMPERIAL VALLEY 1101 %JF aGRT ROAD SUITE C.'MPERIAL CA 92251 TF_LEP-ONE, 619)353-624A WESTERN RIVERSIDE _gP`-CNE "714:678 6800 40PTI,-EASTERN SAN DIF_v..COUN':ES SB 1517 AMENDMENT NO. 1 Page 13 , line 22 add Section 148 . "This legislation shall not have any force or effect unless the County Local Coastal Program has been fully certified and the City° s certified Local Coastal Program has been amended, if necessary, to conform to the County ° s certified program. " AMENDMENT NO. 2 Page 13 , line 22 add Section 149 . "This legislation shall not have any force or effect unless on or before January 1 , 1988 , the City, County and Landowner/Developer have entered into an annexation/development agreement pursuant to Government Code Section 65865 (b) . " AMENDMENT NO. 3 Page 14 , replace lines 33 - 36 with "maintenance, and operation; assessments for federal cost share repayment; small craft harbor operations and related activities; sand replenishment; and assessments against property within the district. " AMENDMENT NO. 4 Page 15 , line 4 after "general plan" , add "certified local coastal program, " in line 5 replace "or" with "and" , in line 5 strike "in which, " and strike line 6 . AMENDMENT NO. 5 Page 16 , line 19 amend Section 210 to read as follows : "The District shall be governed by a commission composed of five members, of whom three shall be elected pursuant to this Chapter, one shall be the County Supervisor representing the supervisorial district in which this district is located, and one shall be a member of the City Council of the City of Huntington Beach . Upon annexation, the district shall be governed by the City Council of the City of Huntington Beach. AMENDMENT NO. 6 Page 28 , line 26-27, add after "implement wetlands restoration, provide, " The words : "secure funding sources for wetlands restoration and" and delete "for ongoing. " AMENDMENT NO. 7 Page 33, line 37 Section 508 . Delete new language in italics at lines 39-40 , and to page 34 , line 1 ; restore stricken language from page 33 , lines 38 and 39 . AMENDMENT NO. 8 Page 34 , line 5 Section 509 , delete "Bolsa Chica State Beach" and substitute "beaches . " AMENDMENT NO . 9 Page 34 , line 7 add "The district shall provide secure funding sources for the maintenance of the sand supply to the beach prior to construction of an ocean entrance . " AMENDMENT NO. 10 Page 41 , line 16 amend Section 754 to read as follows : "Annual assessments and financial obligations imposed pursuant to this act, including but not limited to, general obligation bonds , revenue bondd Jmprovement district bonds, and standby charges, shall not e e one percent (1%) of the assessed value of the property within the district as established by the latest equalized assessment rolls . AMENDMENT NO. 11 Page 41 , line 24 after the words "make water" add "capacity. " AMENDMENT NO. 12 Page 44 , line 38 add Section 798 . "Prior to the completion of the investigation by the District Securities Division of the State Treasurer ' s Office undertaken pursuant to this article, the Commission shall by resolution notify the Board of Supervisors that it intends to provide for the issuance of bonds . The resolution shall be accompanied by a report which describes the plan of the project to be financed with the proceeds of the bonds in such detail as the County Auditor-Controller may require and shall also be accompanied by such other information as the Auditor-Controller may require, including a copy of any report _ available from the District Securities Division of the State Treasurer ' s Office concerning such proceedings . " AMENDMENT NO. 13 Page 44 , line 38 add Section 799 . "No later than 120 days following receipt of the district' s resolution of intention, the Board of Supervisors shall by resolution make findings regarding the following: a. The extent to which the facilities or work to be acquired or constrLcted 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 said program. b. That the amount of bonds to be issued does not exceed one percent ( 1%) of the assessed value of the lands within the district, based upon the county' s latest equalized assessment rolls . C . That the proceeds of the bonds shall not be used to acquire or construct work or facilities that under general county or city guidelines and standards are a responsibility of the landowners or developers , as provided for in the Development Agreement. No bonds. shall be issued prior to the adoption of an affirmative finding on each of the above issues and the board concludes that the issuance is in the public interest. A certified copy of the Board of Supervisors ' resolution shall be filed with the Clerk of the district, the City Clerk of the City of Huntington Beach, and the Chief of the District Securities Division of the State Treasurer ' s Office within the 120 day period specified above . " AMENDMENT NO. 14 Page 45 , lines 1 and 2 , change title to: "Chapter 8 . Federal Repayment, Wetlands Restoration, and Beach Maintenance District, Zones of Benefit, and Improvement Districts . " I'll OF HUNTINGTONB&CH f+. INTER-DEPARTMENT COMMUNICATION - . NUNnNGTON UAC?I To MAYOR JACK KELLY "AND - From GAIL HUTTON - . MEMBERS OF THE CITY. COUNCIL City Attorney Subject Bolsa Chica (SB 1517) Date May 201' 1987 Hearing The Natural Resources Committee hearing on SB 1517 has been rescheduled to' Wednesday May 27, at 9 :30 a.m. in Room 4203 . cxivi Gir"rJJJ-1A Jt1VA 1 r: MAY 11; 19s7 ::-' _77 _ - AMENDED IN SENATE MAY. 4;_J987ta E __ _ _=' : _ 517: - Introduced by_Senators Bergeson and SeyTiour t� -{Coauthors: Assembly:Members Dennis"Br-own; Ferguson, and Frizzelle) - :141arch 6 1987:: An act .relating to -conservation: ;districts;" arid;>;in aM- . . connection,_to create the Bolsa Bay Harbor and Conservation_ --District:prescribe its.boundaries, organizations,roper tioiis, tt management, financing, and other powers and duties - L.E -- GISLATTVE COUNSEL'S DIGEST _,-SB .1517, as amended; Bergeson.' .Bolsa -Bay .Herb_or, and. - :`Conservation District;'_: -- - 't1} -Existing law does_not establish:a special district far-the - _ :Bolsa-Bay Harbor area. 1 _` -_ 'his bill would :enact_ -the =Bolsa-. :Bay Harbor'- and `= Conservation District:Act .which would.establish. the Bolsa �- �: - Bay.Harbor and Conservation District-within a_specific area --, :' _ _. V _ of_the uriincorporated.territory of©range County,to provide, t among other things,for implementation of the cerd6ed.Bolsa = =_ ` Chica: handuse- X Local Coastal Program, as prescribed,:and construction of specified_harbor and related facilities, includiri wate and sewer facilities. .The bill would - g specify the powers and_duties.of the.district and-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 .requiring : .. specified county and city officers to perform specified duties, i 96 40 SB - -- - _ `. _ 1 17 _ - 2 -� r - 3 S� 5 - - - - - - - - 117 and by making violatioia of specified rules and regulations of 1_ interim larinin' she T behveen:certif cation of the Land the district a misdemeanor. : P . _ _ - _ .- _ =-_ __ :-:-2 lJse Plan.and .completion of ahe__ e�e�i� _(2) The .California Constitution requires the state to 3 _�certiRcatiori of.the Local Coastal-.Program . : ..,F reimburse local agencies and school districts for certain costs 4 The City -of Huntington Beach has.adopted, and the mandated by the--.--state. Statutory provisions establish: `� _-California .:Coastal;:=Commission>has".certified, a` Local';= _- procedures for making that reimbursement. .6 _..Coastal Program:-:for.-areas which-.surround the Bolsa ='This bill would provide that no reimbursement is_ required -7 Chica which-includes the ocean entrance area seaward-of : by this act,for specified reasons. - 8 _ the Pacific Coast Highway; portions of the linear p_ k_' :Vote:.:majority. Appropriation: no. Fiscal committee: yes - 9 area, -and the-Metropolitan Water District south yard State-mandated local program: yes. 10 parcel, The city has coastal peritiit.,authority,.over these': ..=.;- 11- areas:Both the city and_the Iandowner anticipate that the - The people of the State of California do enact as follows.' 12 unincorporated county area will,be annexed to the city.:. 13 prior to completion of development as provided for iri a = _ I _ 14 development agreement: 2 CHAPTER 1. INTRODUCTORY PRovlsIONs Z5 . ,The -De _of Fish .and Game, the - Coastal .- 3 .16 Conservancy, the County_;; of-_ Orange, and Signal - 4 Article 1. Legislative Findings and Declarations 17 Propeities,a_major landowner in this area,have prepared �s 5 = " -18 a Habitat Conservation Plan pursuant to Section ` " 6 °'"Section 1. This act shall be- known and may be cited 19 of the=Public Resources Code.:The" plan _encompasses.. 7.. as.the Bolsa Bay Harbor and Conservation District Act. 20 both'the county and city areas:' 8 Sec._2.. The Legislature hereby finds and declares that _ 21 The activities:-.-associated. with: final -approval - and 9 certain;coastal wetlands and environmentally sensitive - ..22 -implementation:of land use plans-encompassing both the -_ 10. areas along the coastal zone commonly known as "Bolsa. :-23- city and county. areas ,---_are` complex "and' II - Chica"-in Orange County are subject to the jurisdictions 24 multijurisdictional. _ 12 -of many diverse and independent federal, state,and local'-'- 25= =This act-is -for thepurpose.:of providing increased :. 13- -"agencies.-Efforts to arrive at a suitable land use plan for 26 management options for an-d-.:a - -mechanism---- _for 14. -the area have-.been underway for many years. The majoi- 27 .interagency.,:, coordination of the rocessin - P g and::-`: :.portion of thearea is unincorporated county area entirely._ 28 implementation of the plans for; Bols-aChica-within the-' =-I6 surrounded by the City of Huntington.Beach. -_ _ 29 : area as may be finally:approved,by,those. agencies,with"' 17 'The County.of Orange has adopted. the Bolsa -Chi ca : 30 jurisdiction`over ahe lands. _ 18 Land Use Plan for the unincorporated area which has 31 Sec.3. The:Legislature further finds and declares that ..w_ 19 ;-:been conditionally approved by the California Coastal 32 no provision of this:act is -intended: to -preempt- or - =. 20� Commission subject to confirmation review to address 33 otherwise-interfeie,.with the-jurisdiction -of the City of 21-:-.the_following general areas of ;concern:- (1)_-technical 34 Huntington Beach; the State Lands Commission; the.;:.`. 22 studies on the feasibility of an ocean .entrance, (2) 35 California Coastal:Commission, the Department of 23 ._preparation of a wetlands restoration _plan, and (3) 36 and Game,and the Department.of Parks and Recreation: :'==': 24 ..preparation of a Huntington Harbour- connection -37 See: 4- . Ne .:e..;Y.�.•._Se-- ent ie geq by Otis, . 25 channel plan. 38 � te Seetkm 6 of AA�ZYt4ele B of*e GMif � 26 The Land Use -Plan confirmation review has been 39 a a .... vAth i. _27 required -by the"California Coastal Commission as 'an '" 40 r�ef kcal er se �whiek - - — SB 1517 --4-- --5— SB 1517 :. : 1 _ e& t-s eat etA the spe6fted� . 1. the county recorder;'thence in:a general southeasterly, 2 this been use #43e"=e#4 Bests � be a 2 :northeasterly, and=easterly direction along the existing 3 eel bra` -tt leeal s6heel di4fif-4 will be - 3 boundary line as established by that Annexation No. 15 to 4 -ti ft F ied beeatase this- 64 Brea-es .a erne :of 4 an angle point therein, that- point:being the.easterly 5 eyes the deft er of a eriffte er=-men; 5 terminus_ of that "certain course described -as -"North 6 or eerie a .�eie 6 7�43'04" West 373.65 feet" in-"that Annexation N0. 15; 7_ - 7 thence southwesterly, .westerly, and southerly along the 8 Article 2. Boundary Description 8 existing boundary line,as established by the annexation 9 = 9 to Orange-County Sanitation District No. .11 described in 10 Sec.50. . (a) The Bolsa Bay Harbor and Conservation 10 -the Resolution of- the Board:-'of Supervisors dated _ 11 District shall consist of those lands in the unincorporated 11 November 20, 1957, to an angle point in"the formation 2 territory of the County of Orange, State of California, 12 boundary of Orange County Sanitation District No. 11 as 13 being that portion of Section 28,Fractional Section 29 and 13 described in the Resolution of the Board of Supervisors of - -- 14 Section 34 in Township 5 South, Range 11 West, as shown 14 . Orange County dated January 6; 1948, that point being 15 on the map of Rancho La-Bolsa Chica recorded in Book 15 also the southwest corner of Section 34; thence southerly 16 _51, Page 13 of miscellaneous snaps, in the office of the :- _ 16 and westerly along the existing boundary -line' -as 17 county recorder of the county,together with that portion 17 established by that formation boundary ndary to a point on the - 18 of Section 34 and -Fractional. Section -4 in Township 6 18 northeasterly right-of-way line -of the Pacific Coast 19 South,Range 11 West,as shown on the map of Rancho Las 19 Highway, 90.00 feet in width, as shown on Sheet 7 of that 20 Bolsas recorded in Book 51, -Pages 13 and 14 of the 20 map filed in Book 92, Pages 19 through 28,.inclusive, of 21 miscellaneous maps and together with that portion of 21 Records of Surveys, that point being also in intersection 22 Fractional Sections 30, 32, and 33 in Township 5 South, 22 of that northeasterly right-of-way-line with the west line 23 -Range'l l West, San Bernardino Meridian, .according to 23 of the northeast quarter of that Fractional Section 4 and 24 the official plat filed in-the District Land Office, all as 24 an angle point in the boundary line of Annexation No. 12 25 more particularly'shown on the map-filed -in Book 92, 25 to Orange County-Sanitation District.No. 11; thence 26 Pages 19 through 28, inclusive, of Records of Surveys, in 26 northwesterly_ along _ the existing-, boundary _ line as = 27 the office of the county recorder,'described_as follows: _ 27 established by that,.Annexation-=N6.-- I2,-being=also the 28 Beginning at a point in the.existing boundary line.of . 28 northeasterly-right=of way-line, to an_angle point_in the 29 Orange County Sanitation District No. 11 as established; 29 existing boundary line; thence leaving the northeasterly 30 by Annexation. No. 15 to Orange County Sanitation 30 right-of-way line, southwesterly .continuing along the -..,- 31 District No. -11, that point- being the northwesterly.` 31 existing boundary line as established by that Annexation : 32 terminus of that certain course described as "North 32 No. 12 to an angle point therein on the southwesterly 33 3,4°02'21" West 604.70 feet"in that Annexation No.'15,that 33 right-of-way line of the Pacific Coast Highway, that point 34 point being also South 0°10'16" West 30.00 feet and North l 34 being also * the southeasterly terminus of the 35 89°21'40" West 640.00 feet from the intersection of the 35 :southwesterly and.northeasterly lines of Annexation No. 36 centerline of Bolsa Chica Street, 60.00 feet in width, with 36 17 (Bolsa Chica State . Beach) -_to � Orange, County . 37 the centerline of Los Patos Avenue, 60.00 feet in width, 37 Sanitation District No. 11;thence northwesterly along the 38 as vacated by the Resolution of the Board of Supervisors 38 existing boundary line as established_by that Annexation 39 of Orange County, California, recorded July 15, 1943, in. 39 No._ 17, being -also the northeasterly:-line and the 40 Book 1197, Page 424 of Official Records, in the office of 40 southwesterly right-of-way line,,to the southerly line of -- . 3B 1517 — . s 7 SB 1517 1 Warner Avenue,�60.00 feet in-width, as shown on Sheer 2 1 =..'(b) The ; folk�tvirig`wands are excluded from :the 2 of. that map -filed in -Book--92, -.Pages- 19 through '28, `2 District. L _ - _3 inclusive, _of Records of -Surveys;- thence leaving the . - ._3 : (c) A .map of: the district territory is as follows, -4 southwesterly right-of-way- °.line, northwesterly :': '4 5 continuing along the northeasterly line and the existing 5 ...,.(d) If the State bands Commission determines that its 6 boundary line to an angle paint-therein on the centerline " 6- lands or a portion thereof should be included within the-. 7 0£Warner Avenue; thence leaving the existing boundary. 7 d&ict,'.the State Lands Commission shall notify the - 8 line,South 89°12'S0" East 132.85 feet along that centerline - 8 district in writing of that fact.and ale a legal description 9 to a point on to.existing boundary line, that point being .9 of its lands with the district at the time of the notice. 10 the westerly terminus of that certain-course.described as 10 Upon receipt ofthat notice and a certified copy of the- " "North 89 ji'S3" east 280.30 feet, more or less, for.a . 11 Legal description, the district=shall adopt a resolution portion of the boundary line of Annexation- No. 16 12 setting forth the -legal description of that land and 13 (Huntington Harbour No. :4) to Orange . County 13 _confirming the fact that the described lands are within 14 Sanitation District .No. 11, ,that point being also the 14 the district. 15 beginning of a nontangent curve concave southwesterly 15 ,_,:.4T�ithin_ 10 .days thereafter, a cert ed copy of the 16 having a radius of 3053.51 feet; that curve being also to` 16 resolution shall.be filed with the local agency formation 17 northeasterly right-of-way_ line of the .Pacific Coast 17--.`commission of the county, at which time incorporation 18 Highway,a radial line to that point bears North 50`16'051 18 shall-be deemed complete. _ 19 East; thence leaving that centerline, southeasterly 39.26 19 . 20 feet along that curve and that northeasterly right-of-way 20 Article 3. Definitions 21 line, being also the existing boundary"line as established 21 22 by that Annexation No. 16, through a central angle-of 22 Sec. 1�. Unless the context,otherwise requires, the 23 0°44'12" to an angle point therein on the southerly line of. -23 definitions in this article govern the construction of this 24 Warner Avenue; thence -easterly continuing along the 24- .act. - = 25 existing boundary line as established by that Annexation 25 Sec. 101. The definition of a word applies to any of its 'I5 No. 16, being also that southerly.line, to the southeast 26 variants: corner of that Annexation No. I6, that corner being also 27 Sec._102._ •"Board of_supervisors" means the Board of _ 28 an angle point in the boundary-line of Parcel-.'`D" of_z 28 -Supervisors-of County.,._: 29 Annexation No. 7 to Orange County Sanitation District 29 . .Sec. 103.- City",means the City of Huntington Beach. 30 -No. 11; thence easterly continuing along the existing 30. See.�104. "Coastal commission" means the California 31 boundary -line as :established by -that -Parcel "D" �of 31__ Coastal �Comanissioi established under Section 30300-of ;. 32 Annexation !'o. 7,being also the southerly line of Warner 32 :the Public Resource's.Code and designated as the coastal 33 .Avenue and the southerly line of the -ated Los Patos, , ' 33 zone planning=and =management agency charged with 34 to the southeast comer o£ that Parcel "D,".that corner , 34 implementing the coastal,act. . 35 being also an angle -point -in the boundary line of 35 --.--.Sec.-105.= Commission means the Bolsa Bay Harbor 36 Annexation No. 14 to Orange County Sanitation,District :: 36 . and Conservation District Commission. 37 No. 11; thence easterly continuing along the existing",.-1 37 -:.,Sec.: 106. _,"County" means the County of Orange. 38 boundary line, being also the southerly:line -of vacated : : 38 -: .Sec. 107.. _-,,Departtrnent of Fish and Game" means the 39 Los Patos, to the point of beginning, the above-described - 39.,state `agency ,'having authority and responsibility to 40 parcel of land containing 1520.20 acres, more or less. =: 40 protect and=enhance fish and wildlife resources.. 4� f Z S 9 SB :1517 'b benefit to �i Sec 11M. "District means the_,Bo1sa:B H�rbor*and_- -improvemei o common en -4y if of any work or works wo 2 Conservation District.,: d-or inhabitant e district: .- -2 the lan ' -within an improve ment ment 3- - See. 108.5. -*-"Federal bea6h..-'n'6urishment program --"Land"--, means the .solid material of e- 3 Sec. 114. --th in be e 0 which it is 4- means the current-federal sandreplenishm- en't progra whatever.-.in- ay the-ingiedi rifs -5 - to replenish sand.between:Anaheim Bay andNew rit 0 whether substance p6 __5 It do comp sed, w er soil,rock, or other su anc es 6 Beach pier. 6 not mean improvements thereon or rights and privileges .1 .,-Sec.-IN. --"Federal f ttfttt#tg cost share means the to -water, minerals,- -oil, --appertaining gas, or .other 'contingent authorization' o rizdtio � f_fun funds, if any., iR 8 hydrocarbon substanic-'es underlying-the g e surface thereof 9 -consistent with the Water R e- sources Pevelopment Act of9 &c. 115. -"'Land use plan"means as defined inSection T T_. 11 10 '1986 effiwe� -to that'!`--',�,10 30108.5- of the Public Resources' Code, V.�]Yes 44d t iie"'a- - - 11 --entraiie aftd wes e- �i� 441e _. --of the I a Lana UsethatIi 11 portion e .3olsa Chic Plan lies wit in weepem stftt4eft.. 12 the unincorporated county area. The land use plan does .13 Sec. 110. "Habitat conservation plan"-.means a plan 13 not include areas within the corporate boundaries of the 14 which provides for the conservation of the'liabitat of fish. 14 --City-of Huntington Be ach.-116. representative"§entative means an official of 15 and wildlife resources as-described in'Section 302-37-of the 15 Sec. "Legal i re means a- _ P Public Resources Code. -;; -16 ub16 a' corporation owning land, _guardian; 17 - -See. 111. -"Harbor facility" means the marina b -17 -:-executor, or e administrator of the.estat of the holder of 18 main and secondary navigable---waterw .4y-.�vstenis the. :- fig -title to land who is any of the following 49- ,lands underlying the marina basins, main and secondary- 19 (a) Appointed under the laws of this state. 20 waterways, and - any ----a' butting -jands used - for 20 (b) -Entitled to the possession of the estate's land. 21 boater-oriented recreational,-or cor ffinercial:activities;e 21 _:Vic) 'Authorized-.by the appointing court to exercise the 22 including inwater or dry'storage-of boats,and the king -22 particular right, p n vilege,-or immunity which he or par r -23 of vehicles- to laccommodate -.recreational --'or 23 seeks to exercise:See. 117. 'T cal coastal pro am"- as defined in 24 commercial activities.of the 24 0 gr 2.5 Sec. 112. --,"Holder of title" or-;"landowner" means-the. - 25 -Section 30108.6 of the Public Resources Code, applies to 9 owner of record of the fee title-to land,--excepi that,if the -.26 a local government's land use plan zoning ordinances and - governme :-owner -o record ti f ord of -the title �_has_ -.conveyed t -27.------implementing action -,which,------when taken h : mplemen program e equitable title to the land byAN_�`4'y_of--I a-land sale.c6ritract- 28 together,-"satisfy-th6-:Yequirerrients and,-implement the d policies ofthe California -Coastal Act of therebf is recor ded 29,, 29 and the contract or'a_'memorandur_n_, .," :provisions an p--oli 30 -"holder of title" means the contract vendee thereunder 30 1976 at the local level.-` 31 and not the record bibmer-of the fee. 31 Sec.- 117.5.- "City local coastal program" me ans the 32 See. 1115. -"Huntington-Harbour-con nection-",ineans -local coastal program"for the inc4porated area which has 33 a navigable channel between_'the -ocean entrance and 33 _'_received full-certification by the-coastal commission and 34 Huntington Harbour. - - 34 pursuant to which, permit authority was returned to the 35 See. 113. "Improvement 'distriet", -any--:-area-- 35 city as of March 14, 1985. 36 within the district -established bye th' '_ .,'commission "May'-' is permissive - 36 -,See. . 1181. And "shall". is 37 pursuant to any of the rovisions 'of this'act _other'. p or_6 er, 37 mandatory. 38 applicable laws for" the purpose �_of pio Yiding for and. "Navigable ocean entrance" means the 38 -'--.::See. 119. an e me 39 financing the construction, acquisition.;,-reconstruction,, -39 r provides system of navigable waterways that for access 40 maintenance, ._,--operation, extension, -j-:-or- between -harbor facility and repair. _40 the Pacific Ocean and the ur SR I517 SB-1517 , i I_ may include side betties and an--off-shore sheltering 1 ._ 2 breakwater {� 2 (a). Carry out and iund implementing action programs 3 :.Sec. 120. -=;`State" means the State of California and 3 to restore, enhance,-and maintain _in perpetuity "the 4 includes all bureaus,= .,commissions, divisions, 4 wetlands and environmentally sensitive habitat areas 5 departments, boards;-agencies; committees, officers, and 5 within the coastal zone of Orange County, identified by - 6 branches_thereof, `._°. ,= _ - 6 the Bella lea I I3se X the certified Bolsa Chica 7 See.:121 = --"United-States'°:means the.governrrient of 7 Local Coastal Program.. - 8 the United States-of America and includes all bureaus,- 8 (b) Administer and raise funds"to.repay the federal 9 commissions, divisions, departments, boards, -agencies, 9 loan cost share atttheriE by if authorized pursuant to 10 committees, offices,;and branches-thereof. 10 the Water Resources Development Act of 1986, and to 11 Sec. 122. "Visit6r= serving`` facilities" means the 11 maintain in perpetuity such facilities, structures, and facilities that fulfill purposes under the California Coastal 12 appurtenances for the any navigable ocean openings and �J Act of 1976 of serving the need for public access and 13 facilities to -protect the naval °weapons station and 14 recreation within the coastal zone. 14 waterways constructed with those funds, as may. be 15 Sec.-123: "Landow m ner voter" means a person who is' 15 authorized or appropriated by the federal governent; ,:> 16 a holder of title"of assessable property, - 16 in accordance with applicable state and local rules and 17 Sec.- 124. ; "Resident voter"_means a person who is a; 17 regulations.. 18 qualified elector and a-resident of the district. 18 ("c) Maintain and administer the facilities of a small 19 Sec. 125. "Wetlands restoration"means an activity to 19 craft harbor landward of the Bolsa Chica ocean entrance. 20 establish,ftiaift+ain create,restore,preserve,and enhance 20 (d) Provide for_.the financing and construction of 21 wetlands, especially those which have been destroyed or. 21 -water and sewer facilities by the district. - 22 degraded, to- a high_quality,. fully functioning level of: = (e) Administer and raise funds: to. construct and 23 biological productivity-and diversity. 23 ..maintain appropriate facilities for (1) dredging and land 24 Sec. 126. "Wetlands rectoration-pIan" means a p6 to - 24 reclamation purposes, (2) drainage_.and-flood _control .25 e4ftbheh; �_ 25 purposes,_(3) parks, recreation, and o en-s ace land and - , 'ei� - ' phased concept and P P P P _ 26 'implementation'plan approved_by,..the Department of 26 facilities, (4) levees and channel edges,and (5) docks and .Fish and Game and the_Califoruia Coastal Commission to 27 -appurtenances,-and to participate in federal, state, and = � create,-:restore, enhance, preserve, and maintain certain = nourishment programs. -- 28 local beach nouris a s. " 29 -wetlands and .-environmentally- sensitive habitat areas s 29 =(f) Exercise the powers which-are expressly granted 30 identified in the use plate:certified Bolsa Chica Local J 30 by this act. Nothing in this section authorizes the district 31 Coastal_Program. _ - _ 31 to exercise any powers on state lands without the prior 32 32 ,written approval of the State Lands Commission. 33 -Article 4. ' Establishment and Purposes ' -'. " = 33 Sec:-141. -No.provision of this act limits the power or 34 34 authority of the.city, county, or any state agency with 35 Sec. 140. The "Bolsa Bay Harbor and Conservation. 35 jurisdiction within the district to . regulate land uses 36 District is hereby established in-accordance with this act 36 within the district. . 37- and is - a public corporation° created to provide. an 37 Sec. 142. If the state determines that its lands, or any 38 adequate institutional and legal framework to achieve all 38 portion thereof, should be included in the district, the _ 39 of the following purposes :_" = 39 provisions of this act shall not be construed to conflict off_Y - }ell 40 with the art obligation of the state to carry out its public - SB_1517 = _- -_ _ 12— -13— SB 1517 1 trust _ . responsibilities on those lands. _ _. 1 . protection of:the Bolsa Chica wetlands, construction. of 2 Sc,e143. (a) If state lands are included in the district, 2 state and.federally.funded harbor facilities if authorized = -3 those lands shall not be subject to-any taxes, assessments, 3 and approved; coordination with the California Coastal 4 rates, fees, liens, or charges without its written consent. , - 4 Commission in coni�st�rii oun.ty_plx�ning,_and a However, any enterprise function conducted on the 5 coorainati n of planning, and s r iGe�1thAh-e 6 ._lands owned by =.the state, its assignees, lessees, 6 City o Huntington Beach to facilitate annexation to the 7rinittees, franchisees, or licensees or. others, shall be 7 ci prior o tentative and subdivision maps. 8 subject to any uniform charges or surcharges as set forth 8 is acts all not impair the state sovereignty over its 9 in or pursuant to this act. The state or its lands shall not 9 lands within the project area or impair the state's ability 10 be liable for nonpayment of those fees,assessments,taxes, F 10 to control, operate, and maintain its lands and resources _ 11 or charges: LL _ _ : 11 if included in the district. : , 2 (b) -Lands owned by the Metropolitan 'Water District 12 - Sec. 146. .- No provision in this act limits the 3 of - Southern California (metropolitan), which are . --- 13 enforceability and applicability of any provision of any 14 'included in the - of the district, shall 14 agreements entered-into between or . among a city, 16 . not be subject .to any taxes, assessments, rates, fees, or 15 -county, ,state,`.or-federal agency and a private pers_on - -16 charges by the district without its written consent. If 16 affecting the Bolsa_Chica area. > = -17 _metropolitan requires district services, they shall be 17 - Sec. 147. If any provision of this act or the,application 18 provided on terms acceptable to the district. However,.. 18 of that provision to any persons or circumstances is held 19 any enterprise function conducted on the lands owned by 19 invalid, the remainder of this act, or the application of 20 metropolitan, by ,its assignees, -lessees, permittees, 20 that provision to persons other than those to which it is - 21 franchisees,or licensees or by metropolitan alone or with 21 .held invalid, shall not be affected. - 22 another public or private entity, which is not directly 22 _= - 23 -related to its authorized purposes, shall be subject to any 23 Article 5. --.-General Provisions - 24 uniform charges or surcharges as set forth in or pursuant 24 25 to this act, provided that metropolitan or its lands shall 25 Sec. 150._ Nothing in .this act-changes or repeals any= 26 -not be liable-for nonpayment of the fees, assessments,_ 26 other law of this state. =_- 7 -taxes, or.charges imposed on enterprise functions. : 27_ Sec. --151. The rights; privileges, and immunities ._ __Sec.444.- If state public trust lands are included within 28 . created or.continued in force-by this act in favor of any;-`= 29 the district, any revenues collected by the district from 29 holder of title`to land for his or her benefit and on his or__ 30 enterprise functions--conducted on state Iands, not 30 her behalf may -be :exercised by his or her legal 31 needed to -defray normal operating expenses related to 31 representative. 32 state activities-conducted in the district, shall only be 32 Sec. 152. --Whenever an instrument is by this act__ 33 allocated or spent for purposes consistent with the public 33 - required to . .be acknowledged, each signer shall _ - 34 -trust. 34 acknowledge the instrument in the manner provided by 35 • Sec. 145. ::One of the purposes of the district is to 35 law before his or her.-signature shall be effective. facilitate the coordination of the activities,programs,and 36 Sec. 153..- Except as provided in Section 29142 of the 37 .-powers of the various federal, state, and local agencies 37 Government Code, no supervisor, auditor, clerk, or any = 38 with=the harbor, wetlands, residents, and landowners in 38 other officer.or employee of the county shall receive any .` 39 ` project area in order to achieve an : orderly, - 39 fee for any service required to be performed under this 40 ' coordinated.development that enables restoration and 40 act. .. - SB 1517 14 — SB 1S 151e 1 Sec. 154. Fees able to the Treasurer ursuant 'to ' I Division_ 1 of-Title 7'of the Government bode, or air 14Y p Y 2 this act .shall be- ;those established by the -Treasurer ---2 other provision of law, all facilities, works, and capital 3 pursuant to Section 20018 of the Government Code. .- 3 -improvements of the'district shall be consistent with,the 4 Sec. 155.-_ Elections authorized by this act are subject A general plan,applicable specifWOans,zoning ordinance, 5 to the Uniform- _District- Election Law -,.(Part 3 5 and subdivision ordinance of the county., cityt�. 6 (commencing with Section 23500) of Division 14 of the 6 7 Elections Code) 7 - - - 8 Sec. 156. The district is a "district" as defined by 8 CHAPTER 2. INTERNAL ORGANIZATION 9 Section 56036 of the Government Code. After .the 9 10 - establishment of- the district; any proposed change of 10 - =` -Article 1. General:Provisions ro g . ._._.: . 11 organization or reorganization for which the district is a 11 12 subject agency- shall be initiated, conducted, and 12 -Sec. 200 The district shall be governed by;the Borsa 13 completed pursuant' to Division 3 (commencing with 13 Bay- Harbor s and Conservation;' District : Commission; 14 -.Section 56000) of Title 5 of the Government Code. 14 Except .as--provided" by Section ,204 and- -Article 3 15 = Sec. _ 157. -It is the intention . of . the city and 15 (commencing with Section 213), the commission shall be.`-- 16 landowner/_developer that 'the entire project_-area_be --16 composed of five, :inembers ana_: shall :_have - the J 17 ultimately annexed into the city. In order to implement. 17 -qualifications and shall be elected;as set forth in'Article 18 .the Belse Ghiea Use -44an certified Bolsa Chica 18 2 (commencing with Section 210) : 19 Local Coastal Program before annexation, the 19 Sec.201. The terms of office of commissioners elected 20 landowners, the city, and the county may enter .into: 20 pursuant to this chapter shall be"four years.: _ 21 -agreements, including, but not limited to,-, the; 21 Sec.- 202. Except-.as otherwise.__provided by :-.this 22 establishment .of an- urban -service area .pursuant -to 22 chapter, elections for commissioners_shall be,Called for 23 Section 56080 of the Government Code, the adoption of 23 and held to coincide with the statewide general_election 24 prezoning pursuant to Section 65859 of the Government 24 - in November of each even-numbered year. - 25 Code, the approval of development agreements pursuant 25 -See. 203. All vacancies in the office-of commissioner- -- 26 to Article -2.5 (commencing with Section 65864) -=of. 26 .shall be filled as follows:.— -: ,27 Chapter 4 of-Division 1 of Title 7- of the Government , 27 (a) -Vacancies for eommissi.- elected pursuant,to -28 Code,- or the relationship between_ annexation and 28 . Article 2 (commencing with Section 210) shall be filled 29 tentative maps and vesting tentative maps pursuant to 29 by appointment by the remaining commissioners or, in 30 Section 66413 of the Government Code. After 30 the absence of a majority.consensus or of a Quorum=by 31 annexation, the district shall continue to exercise its 31 the board of supervisors. 32 powers concerning . funding of wetlands restoration, 32 (b) Vacancies for commissioners`elected pursuant to 33 maintenance _and 'operation, �' : -e � � *i±r, and 33 Article 5 (commencing with Sect%on 240) shall be filled 34 'lei federal cost share repayment.of ocean entrance and . 34 pursuant to Section 1780 of the-Government Code. 35 marina facilities, small craft harbor operations, and 35 Sec. 204. At any time after four'years from the date of _ 36 related activities. - 36 the formation of the, district, and from time to .time - 37 _Sec. 158. Notwithstanding Article 5 (commencing 37 thereafter, but ono_t less than 120 days before a general 38 with Section 53090) -of Chapter 1 of Part 1 of Division 2 38 , district election, the commission may, by._resolution; 39 -of Title 5 of . the -_Government Code, Article 7' 39 increase the number of commissioners-to serve on the 40 (commencing .with Section 65400) of Chapter . 3 of 40 commission to.7, 9,-or 11 and may designate the;first - .- y r _ _ ISB 1517 16 ¢x — 17 `V Sfi1517 _ _ y 1 additional members to serve -on the enlarged , : 1 {e} If an election;is`held,= ai voter.shall have one commission.* voto for_each one dollar .($I) in assessed valuation of land 3 --The-commission shall determine the term of'office-of 3 owned by the,landowner. 4 each of the new eommissioners_so appointed;but.in no Y-:`:4 (f)_ majority:of-the votes cast shall be required to, - -5 event shall that term.designated by.._the commission be 5 elect a commissioner, = 6 for more than four years.The terms of office thus created 6 --See.212. The first commission shall classify itself by lot 7 shall be determined in a manner so as to keep.as nearly 7.-.so that_two-commissioners shall hold office until the last 8 equal as practicable the number of commissioners to be "° 8 . Friday in November i988, and_three`eommissio iers shall 9 elected at each subsequent :general district election.- 9. hold office until-.the Iasi_Friday_.in-November-1990. 10 Upon the ex iration ho ethe' Po_ _ p of,t. se=t rms so designated by -10 - it . commission,the_position shall be filled at the next general It r -`�. :Article 3. 'Elections - 12 district election and general district elections held 12 e 13 thereafter for the,election of officers. 13 Sec. 213. =Each=voter shall:'Iiave one vote for each 14 Sec. 205. All commissioners shall be"--electors of the 14 dollar's worth of land to:which he or she:holds title. The 15 .county. "- - _ 15 Iasi equalized assessment roll o£the county is-conclusive .r 16 = 16 evidence of-ownership and of the value of the land so 17 - - Article 2. Election.of the First Cammission - : - 17._ owned::However, the=commission may;determine, by -._ 18 - -' =: - ; " 18 resolution; `that the equalized assessment roll of the 19 Sec. 210. -The district shall initially be governed by a 19 --county-.`shall be- corrected to. reflect, --in the- case of 20 -commissioner composed =:-of five, . members elected 20 .transfers of land, those persons who:as of the 45th day - 21 pursuant to this chapter. - 21 prior to-the election appear_ as ownersKon the records of 22 Sec. 211,. The-first commission shall be elected at an , 22 the county:=f - - 23 election conducted by the board of supervisors within 35 23 --_ Sec.214.--= The commission-may,by ordinance adopted f 24 -days following the_.formation'of:the district, as follows: 24 at -least 90 days prior--to -any district election determine 25 (a) Any person qualified ..to vote in elections 25 that voters shall thereafter be ascertained pursuant to this -26 conducted pursuant-to -Article 1� (commencing with 26 section. ` - - __._. _ 27_ Section 210) and this-article shall be..voters;as defined in - 27 In that event-_-the coon Jerk-shall `prepare the voter =: my c p 28 Sections;123 and 124. = r' - - 28- list required by Section 23527.5 of the Elections Code 29 (b) ,Nominating ,petitions: =for ': the ;.position . `of = 29 - based upon the last equalized assessment roll of I the 30 commissioner shall be in writing and signed by voters 30 county corrected to=reflect, in the_case of-transfers of 31 representing at least 10 percent of-the assessed value of -31 land,=those persons who, as of ahe°45th day prior to the - 32 land as shown by the last equalized assessment roll. -=" 32 election,- appear as:.owners",in the'-county_ assessor's 33 - (c) No voter shall sign anymore nominating petitions 33 records -which the-assessor twill-use_to prepare the next - 34 than there are offices to be-filled. " 34 ensuing assessor's roll-Those+records shall be conclusive. 35 (d) If, on the 15th day prior to the date_ of the election 35 evidence of ownership and of the value of land so owned.. -_ -36 called by the board of supervisors,-only one_person has 36 Where-only-a portion of-a`parcel of land has been 2. 37 been nominated .for each position to be filled at that 37 transferred, and the-assessed value thereof and of the F 38 election, an election shall not be-held-and the board of 38 remaining parcel are not separately stated upon the roll -_ 39 supervisors shall appoint those nominated for the position 39 4Atimated assessed values ther�£or shall be made by the 40 of commissioner. 40 county assessor and those estimates`shall,for the purposes -. 77 ..... '19 SB 1517,-_-�--,� is: 1517 SB 4 __h time, -a" on, e_,&q- �ideied,the 'd e- j -of-this-seoti b value 'of,the land, i -that; psi ent voting district' t that the . _b "'r utiori adopted pursuant 2 corrinfin'ior eternimes by esol ursuan 4,z f r 2 1 -more than one sperson o entity,are-shown as t __7 3 owners of record of a parcel of land,the county clerk shall A 3 to:this article.: A apportion the Noting rights- between the_ 6wners based �1 Sec:. Jnuary;I an March 30-of each ch e retar h 'upon the respective record interests 4 5 . year; IS c' district sh'I i sts' n the land' and f( -of 'the 5 )r - y all inspect e 6--thav-purposetha -,6bunty,,c er k n �' �c6nsider -consider - assessable. - -Z a._- r'I.e a. within,'t e distri ct_ 7 information'with thereto as the. clerk -ffiat tiI when 6ast Z0-per; cent' of t he asse ssable bfe 8 deems correct,-proper, and appropriate. - 8 area within e istricf is devote( to and developed.for 7f-V - his , r -,-her: legal 9 industrial,6r,nona cultural 9 Sec. - 215. Evefy- .�'- oter, ---'Or 0 residential, commercial use, -r 9171 10- representative district election either- j combination all be certified to.-_, may vote at any In -_, 10 0 ffie�6of, d*tfaci-sh commission-b `secretary: thedi ted as his proxy I -person or by a persop-dul s r r y e secretary y appointed o 16i:jp Y. th strict. 12 )kn -after e,12 that�certification; the resident voters -Sec.-216.- No appointment of a proxy -shall b6-valid, y tim. cer . -13 :xegistered to 'vote-Withm' ' the district may petition for a 'district election 13 accepted,or vote allowed thereon at any Following 14 & 6 voting procedure from"a landowner voter 14 -unless it Meets all 4 the follo g-requirem' ents..-_�-_,� -:.,�- - -A voting� ange in 15 district.to re (a) -writifig.- f resident .voterdistiicf.: 15 It is n t s is executed by the person orleg' Tepresentaal tive' Sec. -petition,shall be signed by not less than resident,-Vbters o . 3i h ------ 17,--- 25: ft district who represent 17 -ofthe person who,-In-accordan- ce' -with Section 213 or*214he' not less I Js entit led. for which the.proxy is given 18 than 25 percent-of the total nurriber of resident voters of accordance 19- W acknowledged or certified in ,c o 19 the district' (c) ,-It is rdancewith o Se 223 20 c. ....'_7he petition-shall be substantially in the 21.20 - Section 2015.5 of the Code of Civil Procedure. ' (d) It specifies the 'election at which it is to be used.An 21 following form: --The secretary of .the district, havin 9' ' I certified--m appointment of a'proxy shall be used only at the election- 22 f the "previously.ce ed to the board of commissioners o: -50percent f the,assessable-at 23 's-pec�ifi'e*d.,.----,-�---'�r'-'-.-�-,-r4-- .23 district .that --least o be on -to is ---and developed d fo -th _24- within district area 24 . (e) It shall e- n a form as specified b y e county devotedjo pe r,_ nonagricultural commercial u rial;or nonagric s 25 -clerk as meeting the above requirements. 25 dust p- poitment of *a --proxy -is revocable at the 26 " or any combination thereof, the-undersigned Note who 26 -. Every a voters _the - ou I"de- �M 27, -'pleasure--of the'-pef-person t at any time,before-th6'- 27. --fi�si thin ndaries-.of .the district--hereby d - -representin'-7- -,petitiorf.tho :bOay of -Assi6ners-thereof to hold all fi; 28 person appointe as a ballot 28 f_.comn voter tirient was given. - ns on`� -6-- asis proxyhas�cast 91 ectio- if resident ter district rather e appointment _b .-,o -a r en 29 the;votes for which the pdini 29 ol th re' 30 :tban-a-landowner . 30 Sec. 217 Before`-a- legal presentative--votes' at a B io r 6 .-v6ter district 31 district election, the'l galrepresentative shall present to-.- 31 Date .,-,Signature Address---:, e _ c' he 4 32 32 the0 - e r her precinct board A.certified of his o 33 33 g7-, l-, � which shall _ be kept and filed with the returns of:.-th e . : 7 34 election- :34 35 35 _ _ 4 tiv A rna e ethod of Conductih'�6 J-- Article 36 9 37 Elections -38 39 Sec- 220 The -voting procedure -within the district 39 petition shal -be signed d and date d by' ;40 shall tie changed that of a IaMownei 40 ".-votersor .the 'district- and -shall show_-4heir--'_ roM .tom-.w r. •�'F.+=..- .{...:- - SB 1 _ . . _.. : . -:- :_�: " - —ml . Sfi .151 resid nce address. :. _° I_ record and failure s 1 e =__ - t6 ure _ cie signatures shall not sec. uffl.. ntF -`2 Sec:-225.- _Each-page of the petition contains the - : 2 -prejudice`.the ater-filuig'of.aiieiitrrely new petition:: 3 signature.of one -or:more registered voters shall show ' 3 :' Sec. °.230. If the _petition_ captains at least 25 valid 4 thereon the affidavif.of the--circulator in the following A.- signatures and if the total number;of valid signatures on 5 form. ' >: _ 5 the, .petition-constitutes :25 percent or . more of the 6 . The:.undersigned -circulator of the .above =petition -6 registered voters within the district as-of the date of filing 7 - hereby declares under penalty of-perjury -that the ',` 7 _;the petition;`the;secretary shall,,prepare.a certificate-to ; 8 circulator of this petition was over the age of 18 years,and - 8 that effect. A-copyof the;certificate shall be forwarded by 9. that the signatures hereon are the signature of the person 9 certified mail.to_each person,designated to be notified of . 10 named and were signed in the presence of the circulator.- -# 10_ the results:of the.examination;of;the petition: I1_ . Sec. 226. All :signatures :on the :petition shall be : '1 11 ` , Sec::231. At its next regular:meeting following the 12 obtained within the six-month period immediately 12 preparation of the secretary s certificate, the commission .13 preceding the filing thereof: -• 13 shall adopt a resolution declaring that all future elections 14 Sec. 227. The petition shall be filed with the secretary 14 in .the -,district-shall_:be conducted as a-resident voter .15 of the district at least six months prior to the date of.the 15 -.-,district-rather than a 4andowner"voter election. 16 next general district_election. Attached to the-, -etition 16: :_-`Sec..232. 'he secretary of the district shall file with _ . ,. 17 shall be the name and address of at.least one, but not :,.F 17 the:county clerk a_certified copy of-the resolution.,The . 18 more than three, persons to be notified of the results-of - 18 - secretary-;shallcause a copy of, the-resolution to .be 19 the_examination of the petition. _ 19 published once a week for three successive weeks in a. 20 See. 228. -Within 30 days.of receipt by the secretary, 20 -newspaper of,general circulation_:.-within the district.- 21 . the petition shall be transmitted to the registrar of.voters 21 Sec.: 233.: _=After ;adoption of�the resolution by the 22 --and verified as follows: . .. __ 22 commission, all elections within the district for elective 23 -- :-_.:�(a) The registrar of voters shall examine the signatures 23 offices;_bonds;_ or other purposes shall-be' conducted ' 24 and from the records of registration_ ascertain whether or-- = 24 = under -laws.-relating to:resident.ryvoter districts and all 25 not the petition is signed by the requisite number of 25.:provisions of this article shall prevail over any contrary= 26 registered voters. 26 `;provisions :in this act relating to landowner voter 27 (b) . The registrar of voters shall attach to the petition 27s procedures, w_: �. - �- 28 .a-'certificate showing the total number of valid signatures 28 ._'".Sec:-234: Allr,coriimissioners .thereafter. elected shall 29 --,thereon;the total number of voters withinthe ._.: 29 be residents aril qualified voters of the district at the time 30 district as of the :date of -filing -the petition, and a F 30 of their. election:arid'_during their.term of office.-The 31 .determination as to the sufficiency-of the petition. 31 commissioners need not.. landowners..= 32 Sec. 229. If the number of signatures is not sufficient; 32 Sec,' :235. their;:first election. of-.co minissioners-.1 33 a supplemental petition, bearing additional signatures, 33 =:following _ the :;adoption __of ; the resolution : by the 34 may be filed with the.secretary of the-district within 10 34 . commission establishing_a resident ;voter .district, .the , 35 days from the date on which the registrar of_voters 35_-'number_of commissioners to be:_elected shall correspond , 36 . he'numbo f36 certified . the results '- coinniissioners whose terms expire. 37 supplemental petition :shall ;be verified in -the same 37, The_;coniiiiissioners'whose terms" ay' not expired shall 38 manner as the original petition. If the signatures on the - -; 38.�serve their unexpired:terms "der_,the;:qualificati_ons.to 39 petition are still insufficient,`-no action shall be _taken 39 ; hold;'office that existed-prior pto_-the, adoption of the- 40 thereon. The petition shall.6main on file_as a public _µ: '40 resolution=establish i4:a`resident;voter•district '. F 23 SB ,1517 SB 1517 -term 'o any 9 not affect the --I Sec. 236- e a re�oluti visions -shall The shall of on f -way invalidate he expires.: prior acts commi r 2- method of voting shill alidate Eknyp g in 2 - ssioner until In& r 16' -s- n officers, or employees. I, 3 of the district, its commissioners, office oyee i At le -88 e next-3 , - Sec. least - days prior.to the general -or s n-1h6-bod-rd o supervisors shall.designate 4 Sec. 237. Any bonds,'Promissory notes,-contracts district 6lectio f 5 other obligations of the district, authorized or issued in- 5 the divisions from,which commissioners shall be elected by laws anyproceed gs take shall --equal the number of 6 any manner provided- in n The�Iium _6 ' 0 - 6. 1 at ghat n next -be Atelecitioh.Atthe 7 by �the district-an �,connection -therewith, prior to---the _6 b 7 commissioners ners on o f the res6hiiion changing method -voting,----,-" -" .:-8 adop�ti anging t-hem succeeding general-district e ection, the commissioners 9 shall not be affected by that resolution-and the obligations -shall be elected fr the remaining divisions.- 9. om continue _t d eAime, - 10 , co ue o legally, authorized or : issue 4M' the district is established as a S66]. voter t 11 'obligations d 11 -t sident -Ah wheneverreafter sufficient IL2 12 change in the population occurs'in the district which in 13 Article 5.,-.-,:-Establishing Divisions 13 the discretion of the commission; makes it necessary to 14 14 'relocate the boundary or boundaries of any division or - - Y .- 15 .divisions; xe� 15 ' Sec. 240. The distilct may be divided into as man di "sions,th commission shall,by-. olution,relocat'e' -the' . 16 divisions as-there are-commissionersof the district. 16``__boundary. lines of.-the,--division- -or _divisions --so as. to' 17 -The establishr-n-6fit of the-division's and the boundaries'-,_� A as-nearly as may be practicable, -population equalize; i racticab the 18 - thereof shall be made by the board of super-Asors,which 18 �'in : th6___respe6tive 'idivisions.- -However, no -change in , 19 shall make -that division, if requested, by a resolution - 19 division-boundaries- shall be made within four months 20 passed by a majority of the commission or upon a petition - .20 .immediately preceding the election of any commissioner.' 21 signed by -a majority of eligible voters ,within the' -:- 21: and no changeshall.work a forfeiture of the office of any., 22 boundaries,of_the district.The resolution or petition shall- 22 '-commissioner.-.- The' --relocation'- of boundary lines of 23 be filed with the- board of supervisors at leas-t 120 days- 23 --divisions may be 'made Without reg ard to the place s s of.-,"- 24 before the next general district,election.- 24' .-residence'of the conm-ii'ssioners then in office. 25 Sec 241. -.Before taking action on the petition or th6 25 26 resolu tion requesting`the establishment of divisions the- -Offi 26 : Article- 6. cers and Employees 27- -.board;of supervisors-shall hold a,hearing and shall he'ar---, 27- es 28 S66:250.__ The officers'of the-Commission s 28 - an ,evidence--pro-duc-ed to tablish. the validity_ the Y_ hall include 29 petition or 29 a president,' secretary;and treasurer and may,include 'a resolution and any further evidence as may be 'divide' the district into divisions.. ierit 30 necessary as to c -vice presi(30'; - 31 See. 242. :Vithin 10 days after-the hearing, the board 31 S commission may the offices Sec. a consolidate 32 of supervisors, if it-determines that the -resolution or 32 of secretary and treasurer. - :,-.tne officers o, 33 petition -Is'-,-valid -7-shall immediately -'order'-' 'The:74i f the commission pties of the dffi .34 establishment of divisions in the district as nearly equald Y 34 'an any standig'coinmittee thereof, shall be described 35 in area as may be viacticable and shall file A copy of the ry '35 i the'administratli�6'6 _d n e code of the district.- 36 -order with the--commission. 36 - of the'district list" See. 251" .The may include 0 of 37 - Sec...243. .-After the_entry of the order establishing 37 :_th&follo Zh6 chie 38 divisions w.fthIn the district, only one commissioner shall �a) ., executiveofficer 39 he'finan 39 be elected from each the divisions so established ce orncer.T Sec. 244 g- district )- 40 Thelentry of the order dividi'7 the:disfii 7 5 _ - y a - y g� --25 SB 15I7 �T r — 4-_ t- } a . 1 ift devi l_ _ g• ,. se;. ease;"or other wiseacquire;`hold; and enjoy 1 (d� A chief engineer _ 2 Sec. 2�4. =All bfficers and em oyees:_of the district _ 2 and lease and dispose of, real and person property=of 3 =shall be appointed ay the-con and serve at its ; .3 . every kind within or outside of the district, necessary to -4 pleasure when .thosepositions: -re'xetluired.to be filled full ,or. convenient exercise of its powers �. =4 the vexuen rs 5 Sec. -303 The district ma exercise :the power of - 5 and . shall _not_ be :=concurrently;employed =by the Y_ 6 ;eminent_domain-to ac uire or-im rove an proper i; 6 landownerJdeyelope$.corporahon.» `.- - . q P Y P P �' 7 _ -Sec. 256. The-_-commission, :except as_- otherwise 7. necessary or.convenient to the{purposes specified in this 8 "specifically provided;':shall .manage and conduct'=the 8_ act.-The district shall have no power of eminent domain 9 . business and affairs of the district and may delegate its t 9 outside its boundaries. 10 Sec.304 The district may issue bonds,borrow money, 10 rowers to any officer or emmployee:of.the district I l'v and incur indebtedness'as authorized b this act Sec: 257.z The rules; responsibilities,:and procedures .-`r.. Y 12 for the officers of the-district shall be described in the I2 The district may -also refund any indebtedness as `13 ,administrative code of:the.district and shall be exercised :_ 13 _provided in this act or any other applicable law;and may 14 -according to the policies and standards,established by'the- 14- also refund any indebtedness by.the issuance of the same 4 - - 15 --type_of obligations-as those refunded and following the 15 ___commission._ f6 Sec.2a8: All meetings o£the eommissfori'shall be held . 16 same procedures as at that time maybe applicable to the -- "I7A:aiid conducted pursuant to Chapter,9 (conmencirig with _17 . issuance :-of 'those:-obligations; and may retire any _ 18 :_Section 54950) o£Division 2 of Title 5 of the Goverh,zn- nt . = 18 indebtedness or lien that may exist-against the district or 19 Code.;The commission may meet as frequently as .is 19 its property. - 20 Sec. 305 As to an service which the district.may 20 necessary to satisfactorily conduct the business of the Y Y 21 district, but shall meet no less than six times in an :.one _„ 2I perform pursuant to this act, the district may contract for Y 22`-the performance-of that service with the coun the city, 22 calendar year. - p ty, ty, 23 Sec. 259.= Compensation for ahe commissioners-shall another -district, or'any agency_of the state or--of the - 24 -be fixed in the administrative=code in an amourit iiot to° LL _--.-:United States, except as otherwise provided in this act. - 25 'exceed one hundred dollars ($100) per day for each days """ Sec. 306. =In order to.carry out this act; the district or, "26 . attendance,at nmeetirigs ofthe commission ,or`for each its authorized represeiitativesliave the right of access to, -27 -'day'S service"rendered as a commissioner by request of _27 .:and may to_the extent -permuted by--the laws �and ` 28 Canstitutioi of the `state; enter upon ;land within the w, 28- the comrnissioii, xibflo.exceed a total of.six days in.any . _ 29 calendar month,together with-the reimbursement of any 29 . district 30 :'expenses incurred in the erforiiiance of duties re quired 30 _�`1me' entry_z of the district - or its authorized P P q.„ - 31 representatives do%es not constitute and does not give rise- 31 _ or authorized by the_commission }f _. _- _ - 32 to'any cause of action in_favor of the o�i�ners of the land, 32y - _ =33 -exce t for ';-m cries ` resultin from negligence', 33 . - p'I'ER 3. GENERAL POWERS - c P , g 34 :wantonness, or.malice.34 35 . Sec. 300. The -district• has:the_-power,-generally "-to Sec. 307. The district may execute, by its president 36_-perform all acts necessary or proper to carry out fully this . and secretary;` all -,-contracts and -other documents 37 act. - _ - _ _ =` 37 r necessary to carry out the provisions of this act.. _ ,., z ter::. ,.-_ . t 38 ::__Sec: 308. : .The .district may commence and maintain 38 Sec: 3tDi.s:The corniriission may adopt a seal for the' _ 3'__ -.:_ - _f. 39_ any actions and proceedings to carry out its purpose or 39 district and alter-it at;pleasure.- �Mzn � -0 40 'protect .its interests and may 'defend any action or 40 Sec. 3 The district may take by grant, purchase, - - - 2 SB '1517 SB 1517 26 7rz -he _1_11:b intention, -an givendtic din "brought"----' it d d f I procee 9 _:4gainst i ention seta ate, eo.apublic rules-And 2 Sec.-309.:----, district may disseminate.m ation' td.:-- _2 -_-oft- _the---proposed. the - _-3 -the jabic concernin4the rghts,properties,policies,-and -3 rejulatiois. The resolution on and the notce shall descn*be`:--- regulations and the'-scope and-nature' of tW�les and __4 activities., 4 indicate 5 -.,-'shall Adopt ,-Se6.- 310. The -commission h penalty J e for violation thereoL .- ----6 admin be trativ6 lcode-_- r* the disiiici,--.which-code shall. 6 Notice shall is jo provided puisuant to Sectioa6061 of-the t.riot.necessarily be.limited t6,-�the-following: and the county hic-hide, but sari y ng 7 Government Code, In additi t 8 ja) The organizatj6n of the-commission and the duties 8 'shall be With 10 -w written n notice of any -provided 9 of its officers and c6miruittees. 9 public hearings 10 - (b) The dutiei---- and the :'extent and ns scope of ----After the.rules and regulatib have 10 Sec. -e delegation 1 on chief executive -.1 -adopted _-an :ffect for' 60 days-'or more, any 6f.auth o e :h' 'f d --are in . 12 the district. 12 violati6n .there' of is a misd emeanor. 13 (c) The vAatlons .governing employee _ -rules, and ,-re 13 Sec. 315. - The district-may enter into agreements with'-----".,*rt. . _f s 6 f aeee'ptft repayment-14 standards, wages,-benefits, And general duties. 14 the United State's or purposes It Of es; an regulations- governing the use of -funds t po, C such improvernen.ts'and 15 (d) The---rules 15 _-the federal construct suc by-fAhe distric-t -and establishing th Z' a' t "federal,'state. 16 e - property owne 16 ,--facilities'as maybe auth6ri e. pursuant o 17 conditions-under which 'the __.district will engage and ., 17 :and-local laws, and ft-Vie _ i See9 of- the _ 18 maintain its se'rvice.§.,I-,':.= 18 Watet Resew-eee In---' V�AN71z;,�L 4nd fer Ok6,:5 6s 19 _-, (e) The manner in -which the commission shall meet, 19. repet)-ment ef t�_fifflnd.q, 26 legislate, and generally conduct the business --of the -e�in&eetieft,946�g+of giftt 20 pr aet.as described in the 21 district. Water Resources Development -Act of.1986, and 21 to 22 See. 311. ,,-,The commission ma' adopt 'by-brAinance' operate and m' amtaM-_ih perpetuity y 22.-op the ocean..entrance 23 rulesan . 23 water ways, and associated facilities d regulations to b6_.*incorporated' into the ay--provide. -4 with the' -t 24-- Sec.-316- e -24 Administrative code,,.-bf-the district, and-in -Th district may wi United Sta es, 25 -therein the conditi6fis and- circumstances under which. 25 - the' state, the county, the city,--a distri6t,--or-other public -26 the district facilities to per _2 26 or privatecorporation,-,:or one -more.,,-or _any.__-_v y- shall furnish or sons or t y _A7 -L-mds-withiq orputsid&of the-district,br'to..carry out any 27- combination thereof,: or the purpose of carry_mg ou tincluding -the �j in 28 -ac , ,--:of :''of-Ahe "dist'ri A— -other .�t,provisions o s provisions-for.. 28, the..� n At powers ___wi_ _Out� -29 collection (;f_fl&6s,i�;44ges, assessments, and the.method --1 99 th--"'Adi, f limitation ijib�dsionsror i e, apcing o acquisitions collection,--- and -.:'penAlties for evelopfiients, r- 30 --of. �enforcement,7�7:3,.,;�6oll 30 construction,-d an operation. ation. :77 p 31 --noncorj1pliance.,_`.-_, 4 4-;- 31 --32---- Sec. 312. The rUes and-regulations may provid ethat 32 CHAPTER 4. WETL ANDS CON SERVATION AND STATE Y -_33 the facilities or 6thi cervices auth6rizbd by.this:act .7 shall LANDS ' h to (1) perso s S -,34 not be furnished nW 6 violate the rules and , 35 35 regulations or against y h6xfi there are delinquentwater, ele .36 sewer, standby, faci ky, or-othe char es or,pen es or 36 See— 4M In har- land against which 37 interest on any of thosp charges p 37 eaffy etA z�1, "-Geit" &ktke a, iissessnidint I ,.w there.is delin4ueht: 38 -Use Ua��' es 39 Sec. 313.-,-4,-At east--, days prior zJ:o adopting e 39 &�d the' 4 Fisit Gafm�e tio ns,'th-6 jeornnim- i0n,40 and - A shO adopt a resolution 5 Y �5i7 __ _ - _ - - 29--.-.. :: SB 157 re 1-- � I . confirming the fact that the described lands are no longer 2 l is e s s , . 2 within''the district: r _ # e 3 A certified copy of the resolution shall be filed with the 4 end partntent of F4sh ata4 Game can 7 4 -local_:agency formation commission of the county, at pP�fks aftd - diseh a these 5 -which-time the.detachment shall be deemed complet e 6 : t 8 .i oil WRA the disi� gw-o 3 ftNeh :5 6 and all assessments,-charges, taxes; fees, or liens, thereon = 7 �. as,, het te;tl3e joint exec a of 7 discharged: g __., r -- s 8 Sec. 407. Upon acquisition of additional lands by the J g Artiele R �x'��� � F-�� of and Tses€e o€ 9 state within the district, those lands shall be detached -. 10= _ _ #e i0 from the-district by the recordation of a deed From the -11 owner to the state and all assessments; charges,'liens, 12 gee- `. enter into aft 12 taxes, or fees thereon_ discharged. = - 13 %-Ah the state and.the e ers of an-Y lands whin the 13 - -- 14 to a the epee:by time Mies to 14 -Article 3 ' State Joint Exercise of Powers with the 15 #fie ae e� "?all-ef i perms yet _ 15 _ District 16-=_ t�apt to ' � —t 16 17. e Ghiea d Use XLeea4 Geast 17 5 - The stake and eke�sly enter into aft :. IS 18 Sec. The _State Lands _uCommission, the - 19' 19 Department of Fish and Game, and the district. shall 20 Article. 1. Restoration of Wetlands and Transfer of 20 enterinto a joint powers or other agreement for the joint 21 =- Additional bands to State 21 exercise of powers relating to the respective parcels of 22 -t Sec.400 The district shall enter into an agreement with 22 property within-Bolsa Chica 23 -the State Lands Commission and the Department of Fish 23 The agreement may provide for, among other things, 24 #fie ffi . ,�:_,�: .�; men; aed :Wiser-�� of the , 24 _-arid Game,the owneis ofanylands within the district and = a -' _ v_25 --thetiro}ect proponents to take any and all actions agreed 25 was a the wetlands; the allocation of money and 26 upon o i �lernent wetlands restoratiop, r 26 .revenue collected from district.:and estate lands; :the 27_ perpetuity,-and to exercise all of 27 provision.of services by the district to benefit state.lands; _ $pats powers:set.;forth.;in this act to "ensure complete 28 and the operation and maintenance of the harbor facility x max: 29 S-c:-_416. :-They De artm t=of Fish:and Game, in = .-29'<=a storation :of` the, %wetlands: by implemen ting-_:the ° - P -30, wetlands: ,restoration. -plan in compliance. with the_' 30 cooperation with the State Lands Commission, and the. . 31 .certified Bolsa M- ca-Local Coastal Program._ _ " - a 31 :district annually adopt a budget and management = .-406. -'If the state acquires ownership of additional 32 program to implement the wetlands restoration pregrant 33- lands within the'district,,those'lands shall be detached :4 - 33 plan: In addition and as an intergral part-of the budget . ---34 :from- the district.bX`=;the-execution, acknowledgement, - .34 and management program-,'detailed provisions shall be 3S d recordation _f a'�deed from the owner to the state.; 35 made for the ongoing maintenance and preservation of a'-"36 state shall notify the district,in writing,of that fact 36 fully functioning viable cdedands habitat _ and - 37=a`d file=a proposed deed with the district at the time of 37 environmentally sensitive habitat_ area_pursuant to the. 38 nvtii_U on geqetpt of that notice" deed, the district 38- certified local coastal prograrri. :39 s o o-resb ution setting'fo�the legal description K 39 The and e - 'ssioo parties shall._... 4 49 of< d= ®nt�iied, nn''the deed, a4er .execution, = 40 provide; in the agreement described in Section 4I5, the . - - g13 1517 —30—. —31-- SB 1517 1 means-by which funds t shall be identified and obtained 1 - from' irrigation,;:commercial;Tfarid ;residential sources, -2 from local and other sources;_.including .the wetlands- 2 from'either within or outside_©f the district, that present _ 3 conservation fund,-to administer the wetlands restoration 3 a threat potential threat, or that would adversely affect 4 e plan and the ongoing maintenance program set 4 wildlife, .wildlife habitat,- or ecological balance of the 5 out above in perpetuity. 5 wetlands;`or the harbors;_ waterways, or public roads_.. 6 - 6 within the district. 7 Article 4. --,Abatement of Solid Wastes 7 _ _ To the-extent that those-other agencies do not, have g - 8 specific jurisdiction or programs to "control or mnage 9 Sec.420. For purposes of this chapter,the district may 9 those flood, storm, or runoff;;Waters, the district may 10 acquire. or lease equipment, construct appurtenances,° 10 control and manage those waters:. s 11 hire personnel, or:.enter into contracts with -privateer 11 Sec. 426. - In carrying out this-article, the district shall 12 persons or other governmental agencies,`to abate,collect;: 12 cooperate with and comply with the ordinances, policies, 13 and dispose of solid wastes the presence of which, 13 and rules and regulations of the Orange County Flood 14 threatens or potentially threatens the public health, 14 Control_District. 15 wildlife, or the wildlife habitats in the district.- = - 15 ` 16 - Sec. 421. This article is supplemental to state law and` 16 CHAPTER 5 -- SMALL CRAFT HARBOR OPERATIONS 17 local ordinances govering the control and abatement of 17 : -°-,-`'' 18 solid wastes by public health agencies, and any programs 18 Sec.500. - If an ocean entrance and harbor facilities are 19 or activities undertaken by the district or any rules and 19 approved in accordance with applicable laws, the district 20 regulations adopted pursuant to Section 311. 20 may enter. into agreements `or contracts to operate, 21 The purposes of this article shall be consistent with the 21 maintain, construct,:or-develop all, or any portion, of 22 policies, programs, and rules and regulations of any state-_ 22 these facilities with any federal; state or state agency, 23 or local agency having primary responsibility for the 23 county, city, district, 'er -ageeey, or any combination 24 control or abatement - of - solid _- waste within, or 24 thereof, having jurisdiction over. or authority to manage 25 immediately adjacent to, the district. 25 those oceantranee h&rber faegitiea.- entrance and 26 Sec. -422. For purposes of this article, "solid wastes"1 26 harbor facilities. Nothing in this,chapter requires any of.. -27 means - all putrescible and nonputrescible . solid, 27 the above,,.governmental `entities to enter into 28 semi-solid, and liquid wastes, including garbage, trash, 28 agreements or contracts with the district even if the - 29 refuse, paper, rubbish, ashes, ,.:industrial . wastes; 29 governmental entities acknowledge and agree that the- 30 demolition and construction wastes, abandoned vehicles _ 30 operation of the small craft harbor will involve the = _ 31 and parts thereof,- discarded home'-,-and industrial 31 district and private parties and that the activities_of all - 32 appliances, manure, vegetable ' or -animal-solids, and 32 involved parties shall be coordinated. 33 semi-solid wastes, and other J discarded. solid and= 33 Sec. 501: -The � agreements- or contracts _34 semi-solid wastes'. =__ 34 entered into pursuant to Section 500 may authorize the 35 - - district to acquire,` construct"',reconstruct; improve, 36 Article 5. Flood Control 36 repair, develop, maintain, and operate; a harbor and all 37 37 facilities appurtenant thereto;-connected therewith or 38 Sec. 425. The purpose of this artiele.is to provide for 38 incidental._ thereto,` including;'.-rvvithout . limiting the 39 coordination with other governmental agencies having F 39 generality of the foregoing; the:following: 40 jurisdiction to control flood and storm waters, or runoff' 40 (a) The .- acquisition, reconstruction, repair, and Y, Sfi 1517_ . _,; -.32— :` �33— . ' ;- _ = :5�.1517. 4 : 1 maintenance of vehicle:_-parking :areas, landscaping, 1 _ the use of��and e -. 2 appurtenant..utilities, bulkheads, .seawalls, :wharves„ 2 . district for the_use _o�:harbor_.faclities and_any:ocean 3 -docks,ways,ferry slips,warehouses, streets, roads, drives,,; 3 entrance,-,may .-include, .but are not limited ' to, the;-.---':- A parkways, _avenues, approaches, : _marinas, ':.aquatic 4 following >, 5 playgrounds, beach parks, bathing beaches, and other 5 (a} _The regulation o_f anchoring, mooring; towing,. 6 -recreation facilities; together with structures- and . 6 wharfage;:and dockage of vessels.and the establishment 7 facilities incidental thereto. 7 and collection of rates,:fees, and charges 6therefor: - ---8 (b) The acquisition, construction, - reconstruction, 8 (b) The establishment and collection of rates,fees,and 9 repair, maintenance, operation, .,development, and 9 charges for:service from or use of any of the facilities 10 regulation of fueling, loading and unloading, .towing; 10 owned:controlled,furnished, o`r-operated by the district:: T_ : -11 repairing, warehousing, shipping and reshipping, and 11 (c) The supervision;of pilots"and the pilotage of'a11 z- 12 . other facilities, aids, equipment, or property necessary 12 vessels within the---harbor facilities and navigable- any. •, 13 for, or incidental to, the development and .operation of 13 ocean entrance and the establishment and collection-of 14 _. the harbor. : 14 fees and charges therefor. 15 (c) The acquisition, construction, reconstruction,. 15 '- . (d) The issuance of licenses and permits for privileges - 16 repair, maintenance, and operation of fire protection 16 to be exercised in:and, about-the harbor facilities and 17 apparatus, and sanitary and other facilities necessary for 17 a" any ocean entrance upon equal terms and the. : 18 the proper protection of the harbor. 18 establishment and collection of rates, fees, and charges _ 19 (d) Adopt rules and regulations for the use of harbor--',, 19 . therefor. Funds collected pursuant to this section-shall 20. facilities and the navigable ocean entrance. = 20 first be .utilized for sand replenishment purposes_ as : 21 _ Sec. 502. Any county, city, or other political 21 specified in Section 509. 22 subdivision or agency of the state, hereafter referred to ' 22 -. Sec. 505. . The.-district may sell and issue franchises' 23 as "public agency,"-which has been invested by grant - 23 -relating to the harbor facilities and nave any-ocean 24 from the state with the ownership,possession, control, or 24 entrance -and-its works, appurtenances, properties, and 25 management of tidelands and submerged lands or any 25 rights in accordance-with any procedure which may-be _ 26 _ other lands lying _under, washed by, or abutting the 26 prescribed by ordinance. r 27.,_.Pacific Ocean,or inland waters of the state,including the 27 Sec. 506. The district may _advertise its advantages_ - 28 and solicit business within or outside the district, within 28 -beds of navigable_ rivers, streams,.lakes, bays, estuaries, 29 inlets, and straits, may, with the prior written consent of 29 other _states or any foreign -_countries, through '° its 30 the.State Lands .Commission, agree in writing that the ` 30 employees or agents. 31 = district shall;for the term stated in the writing, have all : 31 Sec. 507. =For-.the purpose of carrying :out fully this = 32 or any right, title, and interests of the public agency and 32 chapter, the district may enter.into an agreement with*" 33 - exercise all or any jurisdiction of the public agency in the , 33 the state or-the county, or both,-for-the operation and-: -34 lands over the lands or any portion thereof. 34 'maintenance _ of -any of the - facilities .'acquired, 35 . _ Sec. . 503. °The district may lease- any property, 35 constructed, or ,within the jurisdiction of the district : 36 -whether.real or personal, and any interest therein to, of, 36 pursuant to this,article, including state lands., 37 ' and from any person, =firm, - or public or private 37 Sec. 508. ` All or a portion of the harbor facilities, and 38 corporation, or :public agency -with the .privilege of e ._."�� `"""`"`' by ` ., 39 purchasing or otherwise. - 39 p b per. eke the _ - 40 . Sec. 504. Any rules and regulations adopted-by the 40 navigable ocean entrance may be constructed if_ the_ SB 1517 5-=`b' SB..1517 —3 V'y. - 1 Federal project is approved consistent with the Water. 1 .Y Article 2. Sewe Facilities 2 . Resources Development Act of 1986. ,, 2 _ - - 3 Sec. 509. : If an ocean enis ..authorized and PP Y t 3 -Sec. 620: The district may--acquire, construct,furnish,- _ 4 constructed, the district shall maintain the sand su 1 to 4 maintain,- and repair- facilities . for ".the collection, 5 the ' '-hicv `'` L Beachio that the mean high tide. - 5 transportation, treatment, and_-7dis"posal or- reclamation 6 line does not retreat landward from the line existing prior 6 and reuse of sewage. 7 to construction of the ocean entrance. . . - 8 7 Sec. 621._: Any sewer system- and constructed 1 8 _ by the district and any improvements-thereto shall be 9 CHAPTER 6. WATER AND SEWER FACILITIES- g designed-.and constructed �Jn- accordance with the, 10 10` requirements -of .the- city for":-those facilities-,. shall -be 11 Article l.._ General Provisions = _ - 11 compatible and:connect witli:;tie_existing systems within`:=. 12. = 12 the ci 13 Sec. 600. The district shall finance and construct - city, and shall be approved by the.city engineer.. 14 water and sewer facilities necessary for development of 13 Sec. 624.` The district may.construct its sewers in 15 the property within the district. 14. _ public streets or roads and -in its'-rights-of-way' and, for 16 - Sec. 601. At the time of connection of any residential :4 15 -.that purpose, may enter upon those lands and make all 17 or commercial structure, improvement, or -group.-of 16 necessary and proper excavations,restoring the land and 18 structures or improvements to the water or sewer 17 . improvements_to,proper condition:: 19' systems acquired or constructed by the- district, -the s 18 T he work-of. restoring and repairing any public street 20 district shall dedicate and the city shall accept dedication 19 in the district shall be done under-the supervision of the, 21 of all portions of the water and sewer systems necessary 20 .city department of public works at cost to the district and 22 to provide water and sewer service to those structures or 21 in accordance with the standards established by the city. 22 Seca'-628. The district may-require "any-resident or 23 improvements. = - 23 . ro 24 Sec. 602. Upon dedication of all or any portion of the: ,4 P perty owner who desires to: have any structure 25 water and sewer system to the city, the city .shall 24 .connected to a district owned or operated sewer system .. 26 thereafter provide water and sewer services on auniform = to pay a propo25 rtionate share of.the cost of that system if 26 the property upon which the structure is located had not 27 basis without discrimination to all properties with water 27 been assessed for its share of.the cost of the acquisition, 28- and sewer ,connections on the dedicated portions. The = 28 construction, or installation'o£,the aewer system-or-the - -^ 29 city shall operate the system to allow the nondedicated 29 landowner had failed to pay`the.assessment. 30 portions to serve the project area in a timely and 30 - 31 reasonable manner. 31 Article 3. Water-Facilities _ 32 Sec. 603. -The city may impose a water rate and a 32 - 33 sewer fee for the provision of water and sewer_ services to 33 Sec. 630. The district may-:acquire; plan; construct, - 34 users within the district which will cover the cost to the . 34 maintain, improve, and repair-the'-necessary works for 35 city of providing -those services, including a reasonable 35 the production, storage, transmission, and distribution-'of -- 36 surcharge. 36 water for irrigation, domestic;'industrial, and municipal 37 Sec. 604. -At the time of dedication of the water or 37 purposes. 38 sewer systems to the city, a connection fee shall be paid 38 . Sec. 631. Any water system-designed and constructed 39 in an amount specified by applicable city ordinances. 39 by the district and any improvements thereto shall:be;, -40 designed and constructed in -accordance .with .the - - - 96 620 SB 1517 _ —36— _ _ _ 37— `. SB 1517 1 requirements of the city for the facilities, shall be 1 CHAPTER 7: FINANCIAi, PROVISIONS; 2- compatible and connect with the existing systems within a 2 3 the city, and shall be approved by the city engineer. 3 Article 1, Annual Budget 4 Sec. 632.' The city shall supply. and deliver water.to -4 5 the area during the development stage of the project at 5 Sec. 700. _The commission shall annually provide for 6 a reasonable charge_for providing those services, plus a 6 the appropriation_of money for the use of the following 7 reasonable surcharge: :- . . 7 funds:. x -8 8 - (a) A ' general ,fund which,-shall'consist of money 9 Article 4. Alternative Provisions 9 received by the district and not specifically appropriated 10 10 to any other fund and may be allocated for the operations 11 Sec. 640. If the 'city is unable. or refuses to_accept 11 and maintenance of district::facilities or services not 12 dedication of .the sewer service or water system or 12 speed fully supported by any other fund. 13 provide services related thereto, until such time as the 13 (b) A wetlands _eense ie. restoration fund which 14 city is able or consents to provide those services, the -T 14 shall consist of '-money received .from any source, 15 district may .contract with another agency -for the 15 including district revenues specifically allocated for the 16 services. If no such agency is available, the.district may 16 purposes of Chapter 4 (commencing with Section 400). 17 acquire, control,- distribute, and sell -any water, and 17 (c) A wetlands-- maintenance rand operation fund 18 provide sewer service for the beneficial use or uses of the 18 which shall have funding preference over any other 19 district or its inhabitants.The district may impose a water s: 19 funds specifically allocated for the purposes of Chapter 4 20 rate and a service fee for provision of water and sewer 20 (commencing with Section 415). 21 services within the district pursuant to this section. a 21 (d) A federal cost-share fund which shall consist of 22 Sec. 641. Any groundwater production activities of ' 22 money received from revenues specifically allocated for 23 the district shall be undertaken in compliance with the 23 the purposes_ of Chapter 5 (commencing with Section 24 well registration, replenishment assessment, and basin 24 500). 25 equity limitation and assessment provisions of the 25 26 Orange County Water District Act (Chapter 924 of the 26 -(e) A bond redemption fund which shall consist of 27 Statutes of 1933). 27 money received from-revenues specifically allocated for 28 - Sec. 642. The district shall not store water within the 28 the payment of interest and principal on any outstanding 29 Orange County groundwater basin,nor shall it undertake -{ 29 bonds of the. district. 30 any groundwater replenishment or groundwater 30 31 management . or regulation functions without first 31 (1) A sand replenishment fund which shall consist of 32 securing the consent, by resolution, of the governing 32 money received from any -source, including district 33- body of the Orange County Water District to conduct 33 revenues, ..specifically:_ allocated' for" the purposes of 34 those groundwater storage, replenishment, 34 Section 509. = = 35 management, or regulation activities. 35 -Sec. 701._-On or..before June 15 of.,each year, the 36 Sec. 643. The district shall not sell, distribute, 36 commission shall adopt a preliminary_budget which shall 37 transport, or convey groundwater produced from the _= 37 conform to the accounting procedures for special districts 38 Orange County groundwater basin outside the 38 and the budgeting procedures'for special districts of the 39 boundaries-of the Orange County Water District. 1 39 California Administrative Code. Copies of the 40 preliminary budget shall be forwarded to the State Lands SR 1517839 SR 1517 . 1 pursuant to Section 53635 of the:Government Code. j 1 _Commission and die Department of Fish and Game yb 2 _ 2 July1 of each year . = 3 Article -Federal Repayment, Assessment 3 Sec. _702. The ___preliminary budget shall provide 4 4 appropriation_s from the general fund, the wetlands 5 conservation .fund, e ��-'��-- �'' � 5 Sec. 730. Prior,:to the -adoption of the preliminary air the federal cost-share fund, and the 6 budget each ;year, the chief executive officer shall 7- redemption of any_ long or, short-term debts of th-' 7 prepare a.'report _estimating';-the amount of -money 8 district. 8 .needed for the purposes of the federal cost-share fund. 9 Sec._ _703. R 9 Sec. 731. If the -commission determines that the y_-;;eptember 15 of -each :year, the 10 money:-available'-,in the federal cost-share fund is _10 commission shall adopt the-final budget.-Copies of th 11 insufficient to meet-the amount estimated by the chief 11 final budget shall'.-be forwarded to the- State Lands 12 Commission, the Department of Fish and Game, the city£ 12 executive officer,the commission shall adopt a resolution 13 and the county. - = - 13 of intention to levy an assessment within the federal 14 14 repayment. established pursuant to Section 800. 15 Article 2. Administration of Funds 15 Sec. 732. The resolution of intention shall specify the 16 .: -j 16 amount of money`needed to be raised by assessment and 17 Sec. 710. . The commission may establish and transfer 17 establish a ;date;- place, and time for a public hearing. 48 money from the general fund to any other funds it deemi 18 Notice.of the hearing .shall be _published pursuant to 19 necessary to carry out this act and allocate revenues to 19 Section 6066 of the Government Code, and specify a20 place and time where the resolution and report of the 20 the funds in lieu of allocating them to the general fund 21 No revenues specifically allocate_d to the funds described:° 21 chief executive officer may be seen by interested persons. 22 in subdivision (b),_:_(c), or (d) of Section 700 may be 22_` 'Sec. 733. Prior- to the hearing, the commission shall 23 transferred_ or allocated to any other-fund. . .:�.. �_: � - determines rthe need to establish a zone or zones within 24 - Sec. 711. The commission, may, pursuant to Section 24 the federal repayment district. Each zone for which an 25 53653 of the Government Code, invest surplus:money 25 as shall be levied shall be established pursuant to -26 . available from"any.fund and may pool money.from twa 26 Article_2 (commencing with Section 810) of Chapter 8 27 and referred to'as-a-participating zone. 27 or more funds for investment purposes. p p 28 The commission shall _determine the proportional 28 Sec. 712. If the_commission pools and invests money- 29 amount of the total assessment that shall be borne by each 29 from separate funds, a portion of the earnings received 30 participating;zone based upon .the benefits derived by 30 from investment shall be allocated to each .f_und 31 the respective zones. - 31 proportion to theamount contributed from each fund to 32. It is declared that, for purposes of any assessment 32 the investment pool. = 33 levied under this article, the property so assessed within, 33 Sec. 713. - The Treasurer shall, pursuant to Section 34 -a given zone is equally benefited. 34 53646 of the Government Code, annually render to the; 35 commission a statement of investment policy and shall � --Sec..734. :-_At the time and place fixed for the hearing, _ 36 or at any time to which the hearing may be continued, 36 provide a detailed monthly report on all investments" 37 the _ commission shall consider all written or oral 37 including the types of investments, the rate of earnings- in 38 objections 'to,-the proposed assessments. During the 38 of each, and the distribution of investment earnings. 39 course of the hearing,the commission may establish new 39 Sec. 714. All anoney in custody of the district not. 40 zones or-exclude -established zones from participation, 40 otherwise invested shall be deposited for safekeeping - _ _ - SB 1517; T--40-- - _ —41 SB 1517 - 1 may change the boundaries of zones, or_may reduce or. _ 2 increase the amounts to be assessed within each zone: 1 pursuant to the_Benefit Assessment Act of 1982 (Chapter 3 See.` 735. At--the .-Conclusion of 'the-hearing,� the 2 6.1 .(commencing with Section' 54703) of Part 1 of 4 commission may abandon the _ 3 Division 2 of Title 5 of the Government Code). y- y of the �. _-. - -- 5 assessments or approve them as originally proposed or as 4 Sec. 752. All county officers charged with the duty of 6 amended during the course of the hearing. __: _ : _ 5 collecting taxes shall collect, :upon request of the 7 Sec. 736. If the commission abandons the levy of the 6 .commission, district assessments levied pursuant to this _ 8 proposed assessments, no further proceedings related to 7 chapter with the- general county taxes, with the same _- 9 assessments for the federal cost-share fund :may be_ 8 penalties and interest, and, when collected, shall be paid 10 undertaken for-.a -period of not .less than six months: 9 - to the district. 11 following the conclusion of the hearing: 10 - :Sec. 753 Assessments levied pursuant to this article - 12 Sec.' 737. If- the commission approves' 'the le 11 shall be a lien on all of the property benefited thereby. pp levy of 12 Liens for those assessments shall be of the same force and = 13 _assessments, no additional assessments related to the 13 effect as other liens for taxes, and the collection may be 14 federal cost-share fund may be implemented for a period 14 enforced_ by ,the same means as provided for in the := 15 _of-not less than one year following the effective date of� 15 enforcement of liens for state and county taxes. _ 16 the levy of the first assessment. - - _ : - 17_ Sec. 738. Revenues' generated through'--assessments F all b-,154. _'16 .. _r�L_ _____ 18 levied pursuant to this article shall be deposited in'the . 17 e i nz����� u�� �����d 19 federal cost-share fund and shall be used for the purposes ' 18 value of th 20 for which that fund is established. 19 21 Sec. 739. - Assessments levied pursuant to this-article_ 20 Article 5. Rates, Charges, and Fees _ 22 shall be a lien on all the property benefited thereby._ 21- 23 Liens for those assessments shall be of the same force and Sec. 760.(available e district may, in lieu, or in whole or in 24 effect as other liens for taxes, and their collection may be 23 part,of raisoney for district purposes by assessment, 25 enforced by the same means .provided . for in the _ make Ovate to the holders of title of land or the 26 enforcement of liens for state and county taxes. 25 occupants thereon, and may fix and collect charges _ 27 Sec.740. No assessments maybe levied by the district�� 26 -therefor.. The--charges' may include standby charges to 28 on property outside district boundaries" 27- -landowners to which. water `may be made available 29 - _ _ 28 -'whether the water is actually used or not. 30 _Article 4. Improvement and Benefit Assessments = 29 _ The charges may vary -in different months and 31 L 30 different localities of the district to correspond to the cost 32 `Sec:750. The district may levy assessments to finance_n 31. and value of the service, and the district may use so much 33 capital . improvements pursuant to -the-..Improvement_ 32 of the proceeds of the charges as may be needed to defray 34 District Act of. 1911 (Division 7 (commencing with 33 : the ordinary operation or maintenance expenses of the 35 Section 5000) of the Streets and Highway Code), the-� � district and for any lawful district purpose. 36 Improvement Bond - Act of 1915 =. :(Division 10, q 35 Sec. 761. The commission may fix, regulate, and - 37 (commencing with Section 8500) of that code), and the 36 .collect rentals,fees,or charges for the parking of vehicles 38 Municipal Improvement Act of. 1913, (Division .`12 37 in parking areas under the district's- control, and may 39 (commencingwith Section 10000 of that code '== __ ,_= $ 38 provide rates for different classes of customers or users. ' ) 39 Sec..765. . Prior to fixing or amending fees or charges 40 Sec. 751. The district may levy benefit assessments 40 for the parking of vehicles, the commission shall adopt a - _43— SB 1517,.: SB 1517 __ —42— 1 resolution of intention to do so, which resolution shall 1 determine annually the disposition of the proceeds of 2 establish a date;dine, and place for a public hearing no- 2 surcharges prior to:the adoption.of the annual budget"' 3 sooner than 30 days, after adoption of the resolution o£" 3 Sec. 771. The commission may establish a schedule of 4 intention. _ 4 charges or fees pursuant to, and, for any purpose _ 5 ?notice of the hearing shall be provided pursuant to 5 permitted by, Chapter 13 (commencing with Section fi Section 6061 of theGovernment Code at least 15 days` 6 54990) of Division 22 of Title 5 of the.Government Code: : 7 prior to the hearing:A lace and time shall be,established 7 Sec. 772. The schedule for charges and fees shall be g p 8 adopted or amended annually prior to the adoption of the 8 for any interested person to review the proposed fees or. 9 annual budget and shall be considered at the time- 'of the 9 charges the commission intends to fix: 10 hearing set_for the consideration of the annual budget.- 10 Sec. 766. The proceeds of the.fees and charges for they 11 _ 11 parking of vehicles shall be placed in the district's general 12 Article 6. Real Estate Transfer Tax or Fee 12 fund and expended for the maintenance, operation; 13 repair, and improvem7.ent of parking places under control: 13 14 of the commission. - 14 Sec. 774. The district may not levy any form of real 15 estate transfer tax or fee for any purpose associated with 15 Sec. 767. At .the: end of=each -fiscal year, the¢ 16 the Bolsa Chica land development. 16 commission shall direct the district's finance officer to': = 17 17 determine if the_proceeds of parking fees and charges-. 18 Article 7. Short-Term Borrowings : 18 were in excess .of .:the costs of normal operations,;: 19 - 19 maintenance, and repairs. k 20 -Sec. 790. If money is needed for the immediate 20 If the finance officer determines an excess exists, the., 21 requirements of the district in any fiscal year to pay_- 21 commission shall transfer the amount of the excess from' 22 obligations lawfully incurred and before receipt of.- 22 the general funds to-the wetlands conservation fund to bet -23 revenues for the fiscal year is sufficient to meet. 23 used thereafter for the purpose's and duties of the district 24 payments, money may be borrowed pursuant to Article 24 as provided in Chapter 4 (commencing with Section, 25 7 (commencing with Section 53820) of Chapter 4 of Part 26 1 of Division 2 of Title 5 of the Government Code. 26 Sec. 768. The commission may fix and alter rates of- 27 2 rr wharfage charges, slip fees, anchorage fees;-and other Article 8. . Bonded Indebtedness 28 charges for the--use -or right of use -of any facilities` 29 - 29 constructed, owned-by, or under the -control of, the s 30 Sec. 793. For the purpose of issuing bonds,the district 30 district pursuant to-this act. - = 31 may exercise the authority _ and be subject -to the ' - .' 31 Sec. 769.' The commission mayestablish 'an: annual 1 32 provisions and limitations of Chapter 2 (commencing 32 surcharge, in addition to charges and fees authorized by 33 with Section 35950) of Part 6 of Division 13 of the Water - 33 Section 768,for use of district-owned facilities,whether or 34 Code. The commission shall have, with respect to the.- 34 not those facilities -are under control -of the district, a 35 issuance of bonds, the same rights, powers, duties, and 35 lessee, or another governmental agency. 36 responsibilities as the board of directors of a California-'. 36 Sec. 770. Proceeds from surcharges . collected 37 water district. - 37 pursuant to Section 769 shall be deposited in the wetlands 38 Sec.794. For the purpose of issuing general obligation 38 conservation fund or.the federal cost-share-fund or the ; 39 bonds, the district shall be subject to the authorization, 39 sand replenishment fund for uses for which those funds ' 40 limitation, and procedures of Chapter 3 (commencing 40 are established by_this act. - he: commission shall SB 1517 —44= --45 Y" B 1517 1 with Section 36150) or Chapter.3.5 (commencing wit D h 1 CHAPTER S... FEDERAL REPAYMENT: DISTRICT, ZONES 2: Section 36250) of Part 6 of Division"13 of the Water Codey 2 OF BENEFIT; AND IMPR&EMENT DISTRICTS 3 The commission shall have; with respect to the issuance;- 3 4 sale, redemption; ..and other miscellaneous provisions_- 4 Article 1. Federal Repayment District 5- pertaining to the:,administration of general obligation 5 6 bonds provided in-that Chapter 3 or 3.5, the same rights,' 6 Sec. 800. If the district enters into an agreement to 7 powers,- duties, and responsibilities -of the board of 7 obtain -funds -to construct,--operate, and maintain- a 8 directors of a California water district. __ 8 navigable ocean entrance and related facilities pursuant 9 Sec. 795. . For the-purpose of issuing revenue bonds; 9 to Section 500, _ it may establish a federal project, 10 the district shall be subject to the provisions, procedures, 10 repayment district within all;or a portion of the district 11 and limitations of Chapter 4 (commencing with Section¢ 11 to repay all federal costs as agreed to by the parties to the 12 36300) of Part 6 of Division 13 of the Water Code. The` 12 agreement. 13 commission shall have, with respect to the issuance, saleY 13 That district shall consist of lands that .will generate 14 and - administration ' of revenue bonds and other 14 revenues from any source, .which revenues .shall be 15 - miscellaneous provisions of that Chapter 4, the same: 15 allocated for deposit in the federal.cost-share fund and 16 _rights, powers, duties,and responsibilities of the board of 16 used for the purposes for which that-fund is established 17 directors of a California water district. r 17 by this act.: 18 . Sec. : 796.. Improvement districts- consisting of 18 Sec. 801. The federal repayment district may consist 19 - contiguous or noncontiguous portions of the territory of; 19 of separate zones of :benefit established pursuant to 20 the district may be formed, and bonds and warrants of- 20 Article 2 (commencing with Section 810). 21 the district may be issued for those improvement districts' 21 The types and levels of assessments or charges levied 22 pursuant .to Chapter 4.9 (commencing with Section: 22 within each zone shall be, as.near as is practical, related 23 36410),Chapter 5 (commencing with Section 36450),and' 23 to the benefits received within each zone. The type and 24 _ Chapter 6 (commencing with Section 36455) of Part_ 6 of 24 level of assessment or charge shall be_ uniform within 25 Division 13 of the Water Code. The commission shall: 25 each zone. 26 have, with respect to the formation of improvement= 26 Sec. 802. - Zones of benefit formed for purposes of this 27 -,districts and the issuance of.bonds therefor, the same article article shall be established,:.-altered, or dissolved as 28;--_rights, powers;duties;and responsibilities of the board of 28 provided in Article 2 (commencing with Section_ .810), 29 :directors of a California water district.` 29 except that no zone established as provided in this article 30 Sec.797. . For the purpose of the levy and collection of.= 30 shall be altered or dissolved so as to impede or hinder the 31 - assessments and other provisions of law related thereto,`, 31 district from fulfilling its obligations or responsibilities as 32 the district shall be subject to the provisions,proceedings, 32 a party to -any agreement entered into pursuant to 33 and limitations of Part 7 -(commencing with Section 33 Section 500. 34 36550) of Division 13 of the Water Code.The commission- 34 35 shall have, with respect to assessments, the same rights,- 35 Article 2. Zones of Benefit 36 powers, duties, and responsibilities of the board of 36 37 directors of a California water district. 37 Sec. 810. The district may establish zones of benefit 38 within any portion of the territory of the district. The 39 zones may be established, providing -the commission 40 makes either of the following findings: SB 1517 —46— _ —47--; SB 1517 'I`he`wand=or:-inhabitants `within . the zone will ,F test b a 2 -`receive special benefit_`from the services or programs 1 place_ of residence 'to' be ascertained. A pro_ y 3 provided.within the zone or that special circumstances 2 landowner<shall contain his--or "her signature and_ a 3_ description of the land owned sufficient to identify the, i 4- require the"district to extend a service or a-higher level _Y 4 land. Apublic-agency owning land within the zone'shall 5 of. service to the-area of the zone than that which is = 5 be deemed a.landowner for the purpose of making a _ 6 -required in-other portions of the district." 6 written protest - 7 = (b) The land or inhabitants of the zone maybe subject 7 Sec. 816 For protests signed by a resident voter, the 8 to-additiorial charges or assessments for the services or. 8 secretary of the district shall.compare the names of the 9 programs extended to the zone or for services which are g signers against the list of registered voters in the office of 10 -provided-at a higher -level:than in_other areas of the _ - 11 district -_ _ . . _ - 10 the-county registrar: of voters.-For protests signed by I2 Sec. 811. Upon making findings pursuant to Section 11 landowners; the secretary of the district shall compare 12 the names and property descriptions on the protest 13 810,-the district may adopt a resolution-of intention to 4 13 against the "property ownership records of the county 14 form a zone and to set a date, time, and place for hearing _ 14 assessor. : -_ 15 _on the resolution: Notice of heating shall be provided :_ 15 Sec. 817. _-At any time prior to the conclusion of the -_ 16 pursuant to Section 6066 of the Government- ent Code. M 16 hearing, the district may include or exclude territory _-17- _ Sec. -812. Prior to; ;the adoption of a resolution of .-" propsed zone. If 17 from the o more territory is included,the 18 intention,` the district "shall direct the chief executiveJ 18 district shall,continue the hearing for a period of time _ 19 officer to prepare a report describing the area 19 sufficient for residents or owners of land within the added_ 20 recommended for inclusion in the zone,-the programs, 20 territory to file protests as provided in Section 814. 21 improvements, or services to be undertaken, and an 21 Sec. 818. A majority protest shall be deemed to exist 22 :estimate of the amount of cost thereof. The report shall 22 if the district finds that protests filed and not withdrawn 23 -include an analysis of the method or alternative methods - 23 prior to the conclusion of the second hearing represents -24 by: which funds shall ,be provided for those programs, 24 either of the following: 25 improvements, or services, and the amount, to be borne 1 25 (a) More-than 50 percent of the voting power of the 26 -:by each of the inhabitants or landowners within the zone. 26 resident voters residing within the proposed zone. 27 : -Sec. `813._._Upon =acceptance of the chief executive - i,. 27 (b) More than 50 percent of the assessed value.of the -. 28 off"icer's . report: and=_adoption of -the-'resolution of 28 land within:the proposed zone. 29 .-intention, copies of the report shall be made available to 29 Sec. 819. If the district finds that a majority protest 30 any resident or property owner within the proposed zone 30 exists,the proposal to establish a zone shall be abandoned - 31 and to any other-person upon written request. = - - 31 and no new proposal to form a zone, including 32 = Sec_. 814. -No sooner than 35 days or later than 70 days 32 substantiallythe same purposes, shall be considered b P rP Y 33 -after the _adoption,,of the resolution of -intention, the _ =� 33 the district for a period of two years following the date of 34 district shall hold a hearing and consider protests to the . 34 the conclusion of the hearing. - -35 formation of_the.zone:-Any time prior-to the conclusion - 35 . If a majority protest has not been filed, the district, 36 of the hearing, any resident voter or landowners within 36 within 35 days of the conclusion of the hearing, shall 37 the district may,file a written protest or withdraw a 37 adopt a resolution approving . or disapproving 38 protest-previously filed.-_- 38 establishment.of the proposed zone. 39 .Sec:815. '.:A protest by a resident voter shall contain his 3g Sec. 820. Any proposal to include territory to, or 40 or her signature 'and an address sufficient to enable the 40 exclude territory from,a zone shall be subject to the same SB 1517 . - .=48 49--_ -- SB 1517 A. 1 provisions and proceedings-as a proposal-to establish a� -1 - legislahve_authority tocarry out the program specified in 2 zone; except for both'of the following: _ 2 this act and because the other costs which `iniy_ be = 3 (a) In addition to considering and weighing protests 3 incurred by .a_ local agency,or school .district will be .4 from residents or-property owners of.the land to .be 4 incurred because this act :creates a new crime . or... 5- included or excluded,=the district shall also consider-and n 5 infraction,changes the.definition of a crime or infraction, 6 weigh the protests: of;residents and property owners =_ 6 _changes '-_the `_:penalty--for a=crime or infraction,_`or 7 _within_ the zone to or from which_ the territory is proposed - 7 'eliminates`a crime or infraction. 8 to be included or excluded. 9 (b) :If the district finds that a majority protest exists _ 10 -within either the_ territory or the affected zone or the 11 territory to be included or excluded, the proposed e _.- 12 inclusion or exclusion shall be abandoned.The absence or 13 existence of a majority protest shall be determined as 14 provided in Section 809. 15 If a majority protest does not exist, the-2 district shall =16 adopt a resolution approving or disapproving inclusion or 17 exclusion. I8 Sec. 821. Any proposal to dissolve a zone shall be - 19 subject to the same proceedings provided for in this - 20 article to establish a zone. 21 Sec. 822. A proposal to establish, dissolve, or include 22 or exclude territory from a zone may be initiated by a 23 petition containing the signatures of not less than 25 24 percent of the registered voters or landowners M 25 _ representing not less than 25 percent of the assessed 26 value of the territory which would be affected by the 27 : proposal. 28 Sec.-823. The secretary of the district, in determining 29 the sufficiency of a petition filed pursuant to Section 813, _ 30 shall follow the same procedure for evaluating protests as _ -31 . provided -by this chapter. Upon certification by the = - 32 secretary that a petition is sufficient, the district shall 33 undertake proceedings provided for by this chapter. 34 : 35 - CHAPTER 9. MISCELLANEOUS 36 -37 SEC. 900. - Noreimbursement is required by this act - 38 pursuant to Section 6 of Article XIII B of the California 39 Constitution because this act is in accordance with the : . 40 request of a local agency or school district which desired F CITY OF HU TING O EACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To MAYOR JACK KELLY AND From GAIL HUTTON MEMBERS OF THE CITY COUNCIL City Attorney Subject Bolsa Chica (SB 1517 ) Date May 20 , 1987 Hearing The Natural Resources Committee hearing on SB 1517 has been rescheduled to Wednesday May 27, at 9 : 30 a .m. in Room 4203 . REQUEST t-OR CITY COUNCIL. �TION RCA 87- 7 Date 7- 31-87 Submitted to: honorable :Mayor and City Council Members �� � 7 6JG°-U72c.11 /_-�(J2c� Submitted by: Cinarles W. Thompson, City Administr r c A, r3 , C� Prepared by: James Patin, Deputy City Administrator/Zoning & �� t Richard Barnard, Assistant to the City Administrat 'r Subject: SB 1517 (Bergeson) PRE ANNEXATION DEVELOPMENT AGREEMENT Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issues: Senator Bergeson's office requested that the city, county, and landowner show a good faith effort on the Annexation_ /Development Agreement by July 31, 1987, as well as have amendments to her office for inclusion in SB 1517. These amendments are required to be printed in legislative council form at least one week prior to the August 17, 1987, meeting for submission to the N—d-ojral-Resource Committee. Therefore, it is necessary to review and make recommendations to her office no later than August 4, 1987. Recommendation: A. approve the transmittal letter and authorize staff to transmit a joint communication to Senator LMarian Bergeson presenting the status of the Joint Development Agreement between the City, County, and Signal Landmark. CDConcur with City staff concerning Signal Landmark's proposed amendments to SB 1517 as submitted to city on 7/29/87, and C' Reaffirm city position with regards to major policy issues within SB 1517. Analysis: This past wee -the city'sstaff Legislative team and outside special counsel, Katherine Stone and Jerry Patterson, have met with the landowner and county staff members to discuss the additional amendments requested by Signal. As indicated in the joint communication attached herewith, for your review, the city staff members can recommend to the Council that we not object to the developer's proposed amendments 1, 3,'5, & 6, subject to the developer obtaining concurrence from the Senate and Assembly Natural Resource Committee staff members. Amendment #2 is necessary, in that the subject of annexation has been moved back to just prior to the issuance of building permits or upon the issuance of building permits. However, at this point, neither side has conceded with the others position. Staff will continue to negotiate in good faith to consider and resolve this point as stated in the joint communication. .Amendment //4 is a carry over from an earlier draft of the legislation, whi&f is no longer necessary, P10 5/85 therefore, the city agrees with the amendment. Much discussion took place on Amendment 5 & 6. As 5 is a totally new section and 6 would replace the existing 411, & 412,.which were adde-d by the Senate Natural Resource Committee, city staff felt that it would be in appropriate for us to comment on provisions that would amend a prior committee's action. Therefore, we have told Signal that we do not oppose the provision, however, it would be necessary for there to discuss these amendments with the staff of the Senate Natural Resource Committee to get total concurrence on the language of such amendments. During the course of discussion on the requested amendments, Signal also had a request for the Mello Roos, subject to restrictions and limitations. However, as-the subject is extremely complex and many questions were raised during the discussion, Signal indicated that it would withdraw their request for such authorization at this time. Signal representatives also indicated that it would be desirous to have the district in operation prior to certification of the LCP to allow the district to work with Sanitation District 11 on the main sewage trunkline necessary for the northern part of the city. Section 148 of the Bill does not allow the act to become operative until certification of the LCP which is projected to be June of 1989. As I indicated previously in this communication, there is attached herewith, a joint communication to the Honorable Marian Bergeson from the county, landowner, and City of Huntington Beach on progress being made for the joint agreement pursua6t to Section 149 of Senate Bill 1517. As there was a self imposed deadline of July 31, 1987, to attempt to draft a development agreemenrt, it is important to demonstrate that all representatives are negotiating in good faith but that the agreement is premature until there is more progress made on the planning, infrastructure, phasing, and other requirements of the project. The communication was jointly drafted by Joe Combs, Legal Counsel for Signal, and the City's special counsel and generally agreed to by the negotiating team. Staff will be present to discuss with the Council both the list of amendments requested by Signal as well as the joint communication to Senator Bergeson's office at your meeting. Funding Source: None Alternative Action: 1. Upon review of the proposed amendments Council may decide not to endorse the requested amendments. 2. The Council may add additional proposed amendments for transmission to Senator--&ergeson. -- 3. Council may request that SB 1517 be made a two year bill. Attachments: 1. The joint communication to the Honorable klarian Bergeson. 2. Attached amendments requested by Signal for review. 3. Copy of letter from Natural Resource Committee dated July 28, 1987. CW T:JP:RB/paj 2803a DRAFT July 30 , 1987 Honorable Marian Bergeson State Senator State Capitol Sacramento, CA 95814 Re: SB 1517 Dear Senator Bergeson: The purpose of this joint letter is to mutually advise you of the status of negotiations between staff of the Developer, County and City. "- 1. . _-S.ub3-ect to reaching agreement on all terms, staff for the parties have reached general agreement on certain important basic concepts, as a condition to annexation by the Developer to the City: _. a. The County will process all discretionary approvals, including adoption of a specific plan, development plan and design guidelines. It will do so consistent with the LCP as it is finally certified and City requirements applicable to public services , subdivision design and building standards, also consistent with LCP. b. City and County zoning and development plans will be in--conformity with each other and the certified LCP. C. The Developer will consent to annexation, in phases, when all discretionary approvals are obtained and it is assured of its vested rights to commence and complete the phase being annexed. d. The staffs have not reached agreement on whether final annexation should occur after issuance of building permits, as Developer desires , or before building permits , as City desires. The staffs will negotiate in good faith to consider and resolve this point in the context of the overall annexation and development agreement. Senator Marian Bergeson DRAFT July 30, 1987 Page 2 Taxes and fees will be allocated between the County and City in an equitable manner. 2 . -It is premature to try to negotiate and complete an annexation and development agreement between the Developer, City and County now and in all likelihood "this cannot be done by January 1, 1988 for the following reasons: a. The LCP and planning, infrastructure, phasing and other requirements for the project, on which an agreement will be based, are not finally determined. Input and actions by other agencies is also required. b. Environmental analysis will have to be done for the agreement (and concurrent planning actions) . C. Staff for the parties needs time to negotiate specific language of agreement as planning requirements are being established and environmental impacts analyzed so that the agreement is ready for adoption immediately following planning approvals. 3 . All staff representatives are negotiating in..good faith and have confidence that a final agreement can be reached. While the exact language of the agreement will be negotiated in the time frame and context of the planning approvals, both the City and Developer have retained specialized outside counsel noted for their experience in negotiating and drafting development agreements and the parties anticipate the ability .to mutually resolve issues that will arise in the course of negotiations over the next several months. 4 . The City, County and Signal have agreed not to propose or support any additional amendments that are objected by any other party. 5. Subject to the Developer's obtaining concurrence by the Senate and Assembly Natural Resources Committees, staffs, the City does not object to Developer' s proposed amendments nos . 1, 3 , 5, and 6. Based on the progress to date and the general understandings set forth, and our mutual lack of objections to amendments to SB 1517 currently proposed by the Developer and- City respectively Senator Marian Bergeson DRAFT July 30, 1987 Page 3 submitted herewith, we urge your continued efforts to secure passage of the bill as amended. Very truly yours, Signal Landmark, Inc. By County of Orange By City of Huntington Beach By 999 DRAFT AMENDMENTS SUBMITTED BY SIGNAL --`" July 29 , 1967 AMENDMENT NO. 1 Section 4 , Page 4 , Line 16 : After the word "code) " , strike the balance of Line 16 , strike Lines 17 through 22 , and substitute in place thereof the , .words "or the environmental protection established by the certified Bolsa Chica Land Use Plan. " AMENDMENT NO. 2 Section 145 , Page 13,. Lines 29 and 30: After the word "city" , strike "prior to tentative approval of any subdivision maps" and insert "in the manner provided in the annexation-development agreement required by Section 149 . " AMENDMENT NO 3 . .. . __ Section 150. 5 , Page 14 , Line 22 : Strike the balance of Line 22 beginning with the word "providing" and strike Line 23 up to the word "any" and insert before the word "any" , the word "preempting" . AMENDMENT NO. 4 Section 210 , Page 17 : Strike Lines 37 and 38 , i. e. , "Upon annexation, the district shall be governed by the City Council of the City of Huntington Beach. " AMENDMENT NO. 5 On Page 30 , Line 8 , add the following Section: "Section 409 . The Legislature hereby finds and declares it is necessary to establish a mechanism to assure the restoration, creation and preservation of a minimum of 915 acres of wetlands in the Bolsa Chica Study Area, as required by the Bolsa Chica Land Use Plan dated December, 1985 and approved by the California Coastal Commission. All development within the Bolsa Chica Study Area must be in conformance with the Wetlands Restoration Plan prepared as part of the Bolsa Chica Local Coastal Program and with the Biological Resources Management Components Policies of the Bolsa Chica Land Use Plan. " 1 DRAFT AMENDMENT NO. 6 On Page 30 , strike Sections 411 and 412 and add the following Section: "Section 411. Any modifications to the December, 1985 Bolsa Chica Land Use Plan Biological Resources Management Component Policies shall, after public hearing, be submitted by the County of Orange to the Coastal Commission for its approval . The Coastal Commission shall consult with the Department of Fish and Game and shall adopt written findings that such modifications will carry out the restoration, creation and preservation of the 915 acres of wetlands and 86 . 8 acres of environmentally sensitive habitat areas. 2 JUL 29 r 67 09:0e ASSY. CPL.OERON �> IAIM"ft CONSUCANT9. Trial Hervey X P i ICV,, r►+t."�i� - i�iiTi'L � i LMiit�' PA)a -AayS�Ni,lto Sam Fary Iev Hansen 7_�r7r C0�ME SECAIT 1lbwan LA<�n• }� i}`�� W uonaw ��►► ii�iii.�� ;ii��ii��iM� A` �iiie�ii NN S+ATE:--A?i' Mdw AC66 P,0 6CX 9421 :urie spew/r R esourr ,� (11 /'ttntnfte�! STE EPMCNE c9 gt9 Ytan 9teth,m •w� 4 M Y�'M i� WAXI"'"'""' BYRON D. SHER CHAIRMAN July 28, 1987 RECEIVEL Mr. Kevin Slott - JUL 2 j 1987 Office of Senator Magian Bergeson *arm Room 4082, State Capitol Dear Mr. Sloat: -" As you-4-now, SB 1517 has been rescheduled at your request for a hearing before the Assembly Natural Resources Committee on August 17th. As I understood thorn the reasons for the Change in hearing date were that 1) you wanted to avoid potential confusion which might occur at the July 13th hearing because of last minute amendment requests by the bill 's sponsors and the State Lands Commission, and 2) you believed that additional amendments were forthcoming because of negotiations between Huntington Beach and the bill 's sponsor - negotiations which are expected to ba concluded by August lot. During the week of July 13th, Mr. James Garibaldi . in an informal conversation with Kip Lipper of the Committee staff, requested an outline of the issues posed by the bill as the staff saw them. Mr. Russ Behrens and I had fairly exhaustively covered these during the precsding week, using informal notes which I had prepared when I initially reviewed the bill . 4 bill analysis wil discuss these issues, however, it was not complete when you asked for the bill hearing to be postponed and I see no point in finishing it until I have - officially received from you the final amendments to the bill . To comply with Mr. Garibaldi ' s requost and to be of assistance to you anJ the sponsor, I am summarizing in this letter the issues which I see now as remaining. However, T do this with reluctance because I do not want you to rely on this letter as a complete draft analysis. This bill is extremely complex and it is possible that a future reading of it will suggest additional problems. While 1 have done my best to be complete. I would be remiss in my responsibilittss to th* comnittao if I regarded the absence of n issue in th' letter as a bar to raising it in the committee analysis. I wou d also like ti' make clear that this letter is nay prsliminary review of the bill end does not, nacessartly represent the chairman's views. AlLhuu h, I have discussed tome ; these issues with Assemblyman Sher, he may have a different perspective on th+ measure, JUL 29 'a7 09:03 ASa" °"CnE L�ERGN p.12 -- _- Page 2 Local Coastal Program. According to the bill , the intent of the district which w7l be formed is to implement the Solsa Chica LCP, The certified Land Use Plan recognizes that some sort of district may be appro riately part of the Implementing Action Program (the second part of the LCP . The implementation portion of an LCP usually Includes ordinances. which are presented to the Commission in draft form. These are reviewed by the commission and changes are frequently made prior to certification. Upon certification they are enacted by the local government and the LCP is complete. This bill proposes that a portion: of the LCP be enacted into state statute prior to a determination by the Coastal Commission that it is consistent with the Coastal Act. Inconsistent with Certi_f ed LUP. Although the sponsors state that the intent o s measure is to implement-but not to overrule the Local Coastal Program, two provisions of the bill are inconsistent with the certified LUP. Sec. 411 provides that development in a wetland area cannot occur until a wetland area one and one-half times the size of the wetland area to be developed is restored to high quality and a wetland area one and one-half times the size of the developed wetland is created. The LCP requires that this ratio of developed wetland to created wetland be maintained only until 63 more acres of wetland have been created than has been lost to development. The bill does not contain this provision. Sec, 509 provides that if an ocean entrance is constructed, the district shall maintain the sand supply to that the mean high tide line does not retreat landward from the line existing prior to construction. The mean high tide line than es annually and seasonally, this provision imposes a standard which will provide little guidance. This standard is also at variants with the LCP which requires among other things that the harbor entrance plan "provide adequate mitigation for any potential loss of sandy beach available for recreational use.. . which is directly attributable to an ocean entrance." Fundin . The fiscal analysis presumes $55 million in state contributions to Re area's capital costs. The analysis also assigns to the state substantial responsibility for maintenance and operation. Further, the analysis presumes that the marina will be able to pay back half the federal loan and $1.8 million in annual costs. It's not clear to me that these assumptions are accurate. If they're not. then the district could start to bump up against the bill ' s assessment cap of 1 per cent of assessed valuation. This raises doubts concerning the overall feasibility of the district. Wetlands Fundin . There remain questions as to whether the district is committed to paying for the wetlands restoration. The bill is much more explicit about the district' s powers and responsibilities with respect to repayment of the federal loan. This may be especially relevant if the district has hit the one per cent assessment cap and a large block of the restoration occurs gust prior to the final phase of development as the LUP may allow. Sac, 416 seems to place on DFG the responsibility for wetlands restoration and maintenance. I 'm not sure this is consistent with the LCP. JUL 29 °E7 09n03 AS: CALDERON P.3 Page 3 Sec. 700 gives priority to wetlands maintenance funding over wetlands restoration, flood control and abatement of solid wastes. The utility of this is not clear. Funding of mitigation requirements placed on the district -should probably have funding priority over capital improvounts. Sec. 701 0 703 provide for adoption of a budget with copies seat to the Lands Commission and DFG. What happens if aspects of the budget do not meet with DFG or Lands Commission requirements for funding of various programs? Wetlands Ownership. The LUP provides that some form of legal interest in weITIP71reas ® ransferred to the state prior to their restoration and prior to development on the mesa. The State Lands Commission and DFG seem wary of acquiring the wetlands prior to their restoration or creation. Since this bill has provisions as to whether stat4 land is in or out of the district, 011 isSUA ahA04 be roxniYed. Public Access to Novi a e Water$, Sections 503, 504, 768, and others gv'ant POWs o e sir c to raga a e or charge for use of the ocean entrance and other navigable waters. Mr. Behrens indicated that the intent was not to require stickers of all users, but these sections authorize this. The premise should be and some provision of the bill should state that all navigable waters in the district area are available for free public use. We discussed two exceptions. First, waterways dug on private property where no public trust exists could remain as private propperty but should be subject to a public easement for navigation. This would enable the public to navigate on the water. but would not make private residences and their docks subject to Lands Commission control. Second, safety and environmental reasons might require the closure of some areas, however the closure could not be to the public with some private owners allowed in. Sand Lp2lj. Sec. 509 requires the distrfct to provide secure funding for a sand supp y to offset impacts from the ocean entrance. The fiscal analysis does not shoat this and Ira+ not clear which of the funding powers in the bill would be used. While a sand bypass is proposed for the harbor entrance, some sand is likely to be lost. The cost of sand replenishment is high and the results short-lived as the experience in Oceanside shows. District Procedu�. Al le I need to do more research on this area, I'm not y'ereaffi ss t red`�iat the powers and procedures of the district are the "usual" ones for this kind of district. Even if they are there are a number of technical problems with the voting procedures outfined in the bill . The procedures for transforming the district from a landowner to a. resident voter elected district need some more work. NAssessable area° Is not clearly defined and could include undevelopable wetland areas. Mr. Behrens indicates that "developed for" on page 20® tine 95 means streets, utilities and other services but not necessarily structures. If that is the intent, this should be more clearly stated. The schedule for certification of the need to convert to a resident voter district should be revised so that it could be converted more quickly once the 50% development requirement is met. According to the present terms of the bill , resident voter election of less than half of the electable commissioners could wait for three and a half years after the 50% requirement had been mt. JllL 29 187 09:04 AS CALDERON PA 4 Page 4 It is unclear why the number of commissioners may be expanded. If it was expanded to 119 then the intent of the 4/3°s vote requirement on some matters, which I understand will be offered as an amendwnt to prevent landowner control , could be circumvented, Further, I think Sac. 204 could be used in a way to cause new commissioners with four year terms to be apppointed Immediately prior to the first resident voter election, thus preserving landowner control for a longer period. Sec. 240 authorizes the district to be divided into as many divisions as there Base commissioners of the district. This should be amended so that there would be as many districts as there are elm commissioners. If divisions are established while the district is still landowner voted, the prohibition against division boundary revision within four months of an election contained in Sec. 246, in conjunction with the time required to meet the provisions of Sections 227-233, could cause the first resident voter election to be conducted using districts based on equal area rather than equal population. Are the resident voter elected commissioners required to live in their districts? Sec. 246 states; "At the time the district is established as a resident voter district. . ." Article 4 beginning with Sec. 220, describes how to establish a resident voter district but it doesn't indicate when the resident voter district is "established.® Is it upon adoption of the resolution, or does it wait until the resolution is published? Finally, it is not clear to me how the requirement that the district be governed by the Huntington Beach City Council upon annexation will play out. When there are only a fees acres left for annexations will there be a resistance by the district commissioner$ to their annexation to preserve commission control of the rlist"irt? Substantive Problems. The wording of several provisions of the bill raise ss sues w c ma a unintentional but which should be clarified. Mr. Behrens has indicated that he is willing to correct some of these problems through amendment, ewenits can nullify provisions of the bill. 0n page 13, line 36, tho rb 11 states that "no provision in this act limits the enforceabiliitiy 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 Chic& area." This mould enable any provision of the bill to be overturned through agreauntg even if this agreement did not include the affected parties. Misdemeanor sanctions for any violation of district rules or replations. Sec. 324 provides that violation of district rules and regulations is a misdemeanor. According to Sec. 310, many of the rules and regulation are procedural and therefore inappropriate for criminal sanction. When JUL 29 '87 09:05 ASSY. CALDE Page 5 regulations are appropriately enforced by criminal sanction i.e. littering® vessels speeding in the marina etc. , violations may be more appropriately infractions. Section 400 is unclear as to assigned wetlands res nsibilities. This section requires the lands Commission and DFG to enter into an agreement. . It is not clear whether the responsibilities for wetlands described in this section are the district's or this agre nt'%. The phrase "agreed upon" on line 17 could allow the district to avoid these responsibilities by just not agreeing to them. Sec. 799 can be construed to mean that the proceeds of bonds cannot be spent on various project mitigations, as these are costs which are typically the responsibility of the landowners or developers." Technical Problems. Technical problems exist in several provisions of the FF a Fens has agreed to correct many of these. Sec. 2 and 30. The blanks need to be filled in. Sec. 117. There should be a comma after "plasm" on line 39, page 9. Sec. 140. On page 11, on line 27, "create," should be insarted after "to" and on line 30 one of the "the"s should be taken out. Sec. 411 calls for creation of wetlands in the district. State owned areas, designated for wetlands creation yy be excluded front the district by other provisions of 59 1517. The result could be that the district would not be able to implement portions of the LUP. Sec. 415 is located in Chapter 4, the chapter which deals generally with wetlands. This sections on line 15 suggests that an a rOGMent may be entered into for the operation and maintenance of the harbor facility. This seems redundant to the authority contained in Sec. $00 and is inappropriate for Chapter 4. Sec. 416. On line 20, integral is misspelled. See. 509 can be read to require that the district only provide secure funding sources for sand supply to the beaCh prior to the construction of the ocean entrance rather than after when there will be effects which need to be mitigated. Before concluding, I'd like to point out that the committee rules reqq%ire that amendments be brought to use in Legislative Counsel forms by the Monday before the hearing on the bill d in this case, August 10th. This will be especially important because I will not be in the Office on the 13th and 14th. JUL 29 '87 09:06 ASSY. CALM 4 Page 6 In conclusion® I appreciate the time taken by you and the bill 's sponsors to discuss SO 1517 with r . I imagine that as we near the next hearing data, it will be appropriate for all of us to meet again. Please contact me if you wish to discuss further the issues raised in this letter, Yours truly, Paul Thayer® Consul ant Assembly Natural Resources Committee cc: James Garibaldi Russ Behrens, Susan Ka Hori r MINUTES Council Chamber, City Hall Huntington Beach, California Monday, July 27, 1987 A tape recording of this meeting is on file in the City Clerk's Office Mayor/Chairman Kelly called the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. COUNCIL/AGENCY ROLL CALL Present: Finley, Kelly, Green, Bannister Winchell (arrived 6 ,p.m.), Erskine (arrived 6:25 p.m.) Absent: Mays RECESS AGENCY Chairman Kelly called a recess of the Redevelopment Agency. UPDATE ON BOLSA CHICA LEGISLATION - SENATE BILL 1517 (BERGESON) & PROPOSED AMENDMENTS The City Administrator referred to a communication dated July 24, 1987 from Rich Barnard, Assistant to the City Administrator and Jim Palin, Deputy City Administrator/Zoning Administrator, recommending proposed amendments to Senate Bill 1517 (Bergeson) . Mr. Palin presented a staff report. Discussion was held regarding Section 509 which requires the district to main- tain the sand supply to the beaches if an ocean entrance is constructed. Mayor Kelly stated his concern regarding the 1% cap on assessments. Discussion was held regarding a letter to Senator Bergeson dated July 7, 1987 from the City Administrator and the attachment pertaining to the City's response to the suggested amendments. Mr. Barnard drew Council's attention to the last page which Deputy Attorney Sangster compiled - Substantive Amendments Which Are Objectionable to the City. Mr. Sangster clarified that the letter and attachments in question did not. appear in the proposed amendments before Council for approval at this time and that they had been included in Council backup material for historical purposes. Discussion was held on Section 204 pertaining to the number of affirmative votes required to authorize financial commitments made by the district. Discussion was held between Katherine Stone, Special Legal Counsel, and Coun- cil regarding various proposed amendments to the bill including the Mello-Roos amendment. i Page 2 - Council Minutes - July 27, 1987 Discussion was held between Council, staff and Mr. Behrns, representing Signal Landmark, regarding references to the Huntington Harbour connection channel plan. The City Attorney stated that the district cannot tax or impose fees on Huntington Harbour residents. By consensus, Council agreed to schedule on the August 3rd Council Agenda con- sideration of additional amendments to SB 1517 (Bergeson). Discussion was held between Council, staff and Ms. Stone regarding funding of the Huntington Harbour connection channel and regarding the Mello-Roos amend- ment. A motion was made by Green, seconded by Erskine, to approve the following amendment for inclusion into SB 1517: le Page 14, Line 11, Section 149. Strike "on or before January 1, The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays A motion was made by Green, seconded by Erskine, to approve the following amendment for inclusion into SB 1517% 20 Page 26, Line 38, Section 304.5. No bonds; assessments, or obliga- tions which constitute liens, charges, or encumbrances on real pro- perty within the district may be incurred or imposed by the dis- trict, and no resolution of intention to issue bonds may be adopted, except upon the affirmative vote of four (4) members of the Commis- sion. In the event the Commission is enlarged pursuant to Section 204, two public members must affirmatively vote for such financial bonds, assessments, or obligations. The motion carried by the following toll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays A motion was made by Green, seconded by Erskine, to approve the following amendment for inclusion into SB 1517: 3. Page 35, Line 27, Section 509. After beaches added "within the lit- toral cell from Anaheim Bay to Newport Bay". The motion carried by the following roll call vote: AYES: Winchell, Finley, Erskine, Green, Bannister NOES: Kelly ABSENT: Mays 'G i Page 3 - Council Minutes - July 27, 1987 A motion was made by Green, seconded by Erskine, to approve the following amendment for inclusion into SB 1517: 4. Page 35, Line 29, Section 509. After entrance- omit "(,) and add "as determined by the State Lands Commission" . The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays A motion was made by Green, seconded by .Erskine, to approve the following amendment for inclusion into SB 1517: 5. Page 36, Line 24, Section 605. Neither the district nor the city shall impose a water rate or water fee on the delivery, transmis- sion, or provision of unappropriated nonpotable water used in con- nection with the implementation of the wetlands restoration plan. Except for flood control purposes, the district shall not restrict, irect or 'terminate the flow o nonpotable water required for the restoration and for maintenance of the wetlands. Nonpotable water shall include, but not limited to, feasible runoff arising from the southern bluffs and the Wintersburg Flood Control Channel; and tidal waters. The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays A motion was made by Erskine, seconded by Green, to approve the following amendment for inclusion into SB 1517: 6. Page 35, Line 30, Section 509. After funding strike the word sources . The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister 0 NOES: None ABSENT: Mays A motion was made by Erskine, seconded by Green, to approve the technical changes to SB 1517 which have been reviewed by City staff and special counsel as described in Exhibit B dated July 24, 1987 headed STATE LANDS COMMISSION PROPOSED AMENDMENTS TO SENATE BILL 1517 AS AMENDED ON JUNE 9, 1987 (Exhibit B was attached to RCA dated July 24, 1987 from Richard Barnard and Jim Palin). The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays Page 4 - Council Minutes - July 27, 1987 STATUS REPORT ON DRAFT DEVELOPMENT AGREEMENT BETWEEN SIGNAL LANDS - COUNTY OF ORANGE & CITY OF HUNTINGTON BEACH Rich Barnard, Assistant to the City Administrator, informed Council they had been provided with copies of a communication dated July 27, 1987 regarding a Bolsa Chica Pre-Annexation/Development Agreement Update. Katherine Stone, Special Legal Counsel, reviewed the fundamental issues per- taining to the Development Agreement concerning the point at which annexation would occur, the allocation of fees and taxes between the City and County and the application of building standards. UPDATE ON EXPENDITURES FOR OUTSIDE COUNSEL RE CITY°S BOLSA CHICA EFFORTS Rich Barnard presented a staff report on expenditures for outside counsel per- taining to the Bolsa Chicao He stated a request for additional funding would be before Council probably at the August 17, 1987 meeting. In response to questions by Council, Mr. Barnard stated he would prepare a full budget on the item for Council review. RECESS - RECONVENE The Mayor called a recess of Council at 7:06 p.m. The meeting was reconvened in the Council Chamber at 7:15 p.m. PUBLIC HEARING - GENERAL PLAN LAND USE ELEMENT AkWMNEMT 87-2(a) - APPROVED - 1 EIR 7-2 - APPROVED - RESOLUTION NO 5795 - ADOPTED - GOTHARD CENTER DRIVE The Mayor announced that this was the day and hour set for a public hearing continued open from July 20, 1987 to consider General Plan Land Use Element Amendment 87-2a initiated by the City of Huntington Beach to change the Gen- eral Plan land use designation on 2.7 acres of land located on the northeast corner of Gothard Street and Center Drive and owned by the Orange County Tran- sit District from Public, Quasi-public, Institutional to Mixed Development. The Mayor stated that Environmental Impact Report 87-2 had been prepared for General Plan Amendment 87-2a and would also be considered. Hal Simmons, Associate Planner, presented a staff report. (1 The Deputy City Clerk presented Resolution No. 5795 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING LAND USE ELEMENT AMENDMENT 'TO THE GENERAL PLAN NO. 87/-2a, CONCERNING REAL. PROPERTY NEAR GOTHARD STREET AND CENTER AVENUE." There being no one present to speak on the matter and there being no protests filed, either oral. or written, the hearing was closed by the Mayor. EXHIBIT I Proposed SB 1517 as approved by 7f a7/ �.`7 Huntington Beach City Council on July 27, 1987 (I�e1it ; re citv's negotiation team is recommending that the City Council approve only the following five amendments for inclusion into SB 1517 by the author at this time and oppose the bill if other substantive amendments are made which would weaken the cities current position, including Amendment No, 36 on Exhibit B, alternatively. i. Page 14, Line 11, Section 149. Strike "on or before January 1, 1983". '�yrd'' ' Page 25, Line 38, Section 304.5. No bonds, assessments, or obligations which constitute liens, charges, or encumbrances on real property within the dishict 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 (4) member5 of the Commission. In the event the Commission is enlarged pursuant to Section 204, two public members must afirmatively vote for such financial bonds, assessments, or obligations 3. Pape 35, Line 27, Section 509. After beaches added "within the littoral cell from Anaheim Bay to Newport Bay". ArP��'�� � 4. Page 35, Line 29, Section 509. After entrance omit "(.)" and add "as determined by the State Lands Commission". - Page 1 of 2 Par Page 36, Line 2 Section 605. Neither the district nor the city sin ali impost a .rater rate or water fee on the delivery, transmission, or provision of unappropriated nonpotable water used in connection with the implementation of the wetlands restoration plan. Except for flood control purposes, the district shall not restrict, direct or terminate the flow of nonpotable water required for the restoration and for maintenance of the wetlands. Nonpotable water shall include, but not limited to, feasible runoff arising from the southern bluffs and the Wintersburg Flood Control Channel; and tidal waters. 6. Page 35, Line 30, Section 509. After funding strike the word "sources". 2793a July 24 , 1987 STATE LANDS COMMISSION PROPOSED AMENDMENTS TO SENATE B1L.i. 1517 AS AMENDED ON JUNE 90 1987 AMENDMENT NO. 1 Un 3 , lint ZJ after " ,section" inswrc `tJK }10 37 AMENDMENT NO. 2 on page 7 , lin: ; l , af.:ter ' within" inert . _ or excluceu from AMENDMENT NO. 3 CD On page 7 , line 25 , it L i tie ` i tS 1 rind3 r iY:1 tY!c di zr - r ict " anti inse ,t ; thoze lands AMENDMENT NO . 4 On page ; , lino 29 , after " are" insert_ ; OK included aMRNnaAF.NT IiQ_ � on page 7, line 2y , after 'within' insert : or excluded from AMENDMENT NO. 6 On page 7 , line 33 , after ' incorporation• insert. : � or detachment AMENDMENT No. 7 on page S , line 11 , ytiike 'Commission* and insect : t �\ 1iaroor Commission AMENDMENT NO . 8 On page 10 , licce 31 , after includes ' insert : any and AMENDMENT NO. 9 on page 10 , llflt� 33 , a[ ter ' thereof . ' insert : �l Sec . i �V . d1 " State Latica3 commission" means the btate agency holding tiCle to and management authority and r�spansir,lllty aver the scate ' s sovereign and public trust lands . AMENDMENT NO. 10 on page 11 , line 40 , strike 'Maintain" and insert : 4ntef into agreemerit : wi 'Ch the state to pCvvid0 deciced �. Gervices whici: may include aitt are riot limited to the author icy to maintain AMENDMENT NO . 11 Vn [Jaq: 12 , lime 11 , SLr1Ke ".4othifig in this :section authQcizes the district' and insert. : Nothing in this secL. ion authorizes the aistrict AMENDMENT NO, 12 C1n edge " 12 , litre 19 , replace ' state" With °orate :_.ands ��---� Commission' AMENDMENT NO. 13 Urt page 13 , liue 16 , after " trust , insert : . as cietermineo by Lhe State Lands Commission AMENDMENT NO. 14 O:i 'page 14 , 1 -tile 2' C , after " atate" insert : un t e 5 S ex0re.30ly a aLatCd AMENDMENT NO. 15 on page '16 , line 24 , After " any' insert : 1 i private AMENDMENT NO. 16 on page 16, 11ae 26 , after *act . ' insert : "H0wever , i.:i no case Shall the Distcict exercise ita power ur vi{ti.ileilC domain iii a manner which results in a net r;:duct. ion c-.f_ �rf_Clartds acreage , Envivonmentally Sensitive Habitat Ace:aa acteuge yr Lin and wildlife haoitat values . AMENDMENT NO. 17 on page 29 , line 22 , strike ' certified' . �� � -07 24 AMENDMENT NO. 18 op paqp 29 , line 23 , after * program* insert : , , when certified AMENDMENT NO. 19 on page 25f line Z5 , after ' those lands ' insert : C K At the option of the state AMENDKENT NO. 20 On page 19 , llne5 26 aA lid 27 , 5tcjke 0Y the exccution, acknowledgement , and recordation of a dead from t n-a owner to the soate . " and insert ; pursuant to cotion aujul . AMENDMENT NO. 21 Q n page 25 , deleve lines 28 through 39 re3peCtiVQIY - AMENDMENT NO. 22 On page JQ , jj "e 1 , strike * shall * and insert : 01� may AMENDMENT No. 23 On page 3U , lines 2 and 3 , atrike ' ay the recordation of L) 1 \ d tleej f CotR tiae ow. nec C.0 4-ne state and " and insert : pursuant t0 Section 50 ( d ) arrd furthermore , the D15trICt S h a 1 1 disc hacge AMENDMENT N0. 24 f Un page 30 , li.tre 4 , strike *discharged ' c"s AMENDMENT NO. 25 Un age 30 I ng: 16 alterse , : ' Section 700 . ' inrt : wever , this Sect-ion i ,� nvt meant to imPly that the initial c�ePosit Ut $ 1 , 800 iaer dwa_ llinq unit in any way limits tr,e Dis_ : :ct ' z5 auttrurity to levee additional asseaoments on the mesa area a may L)e 16GC(3ed to assure adequate funding to aCCQ.TPlis:i restoration acid maintenance of the Wetlands and dnvJLonmenta11y 6ensir_ ive ri4Qitat Areas , es specified in t h o Bclsa Chica Land Use Plan . _AMENDMENT No. 26 strike lines 24 and -oil ag e 0 23 t 4 i k e In n 0 and insert : I case t:Aiaij the final weLlA[id area be less than 915 aCrC-S restored on site . AMENDMENT NO. 27 dt ' pa -4e JV , line 31 , after " reSLOrAtion- ' insert < F,jD w e v e z dt no time snail thece ire less h a n a 5 acres of ...i :.r,I 4 -wo t i�nd t� i- t 11 1 rt r 'r,a rIvs.+ r.; 1a r t1a encornrasqed i-,y the ©,visa CniCa Land U2e Plan . AMENDMENT NO. 28 Un paqe 31, strike lines 3 and 4 and insert. A L t i C.;'v 3 , Ag r e eate n t BeLween E>istricr- , State Land -oT mmi6�ivfi iau Department of Fish and Garnc AMEND14ENT NO, 29 Uri pa'4e 31 , lines 8 and 9 deletes ' for the joint exerrc,iae of powers, AMENDMENT NO. 30 on page 31 , line 9 , delete " the' and insert : their AMENDMENT NO. 31 Ua page 31r line 12 , before 'wetlands • insert : � ongoing maintenance and preservation of the restored AMENDMENT NO. 32 On page 31 , line 19 , strike ' the wetlands restarati.on C) l / plan . In' and strike lines 20 through. 25 , inclusive , and insert : the ongoing maintenance and preservation of a tully 4 unct.ionin<3 viable wetlands habitat pursuant to the local coastal program , When certified . A!4ENDMBNT NO . 33 On page 31 strike lines 30 and 31 dnd insert : twe Ongoing maintenance and pre3ervatian ok the wetian•as pur5uunj to the wetla" s restoration plan in peepetuitl . REQUEST F R CITY COUNCIL Ar TION Date July 27 , 1987 Submitted to: Honorable Mayor and City Council Members i Submitted by: Charles W. Thompson, City Administrator CoL)n61,041 Prepared by: Richard Barnard, Assistant to the City Administrator Ka fl erllie 5- 'wel 4,,v Subject: BOLSA CHICA PRE-ANNEXATION/DEVELOPMENT e�mcbl( �n��° 1 AGREEMENT UPDATE Consistent with Council Policy? KI Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: City staff has been holding a series of meetings with Signal Landmark Incorporated and the County of Orange for the purpose of drafting a Pre-Annexation/Development Agreement. A summary of the status of the negotiations to date is discussed below. It is necessary to report by July 31, 1987, to Senator Marian Bergeson on the status of the City's effort to reach agreement with Signal and the County on a Pre-Annexation/Development Agreement. Recommendation: For the City Council to direct staff and special counsel to continue negotiations With Signal and the County on the Pre-Annexation/Development Agreement. Analvsis: The City has held several meetings with Signal and the County in an effort to arrive at a mutually agreeable draft agreement. Two meetings were held this past week and meetings are currently scheduled during the week of July 27-31 to continue discussions. The fundamental issues pertaining to the Development Agreement concern: 1. The point at which annexation would occur. 2. The allocation of fees and taxes between the City and the County. 3. The application of City building standards. 4. Maintenance of sand supply to the beach. 5. Funding for wetland restoration and continued maintenance. The City's negotiating team has been unable to come to an agreement with Signal concerning the point in the development process at which annexation would occur. The allocation of fees/taxes and application of City building standards, will probably be able to be worked out between the city and the county, but at this point in time has not occurred. Signal basically wants to obtain a vested right by securing building permits before annexation. This will result in lot-by-lot annexation and involve many practical and legal difficulties. Also, any annexation agreement that is not triggered until after building permits are issued would be difficult, maybe impossible, to enforce. A development agreement is unnecessary and redundant if building permits have been issued. P10 5/85 There has been little or no discussion of the beach erosion question and only general concepts discussed concerning the funding of wetland restoration and continued maintenance above what is already provided for in SB 1517. The latest draft of the Pre-Annexation/Development Agreement is attached for your review. As of this writing the draft has not been accepted by either the County or Signal Landmark. The County has indicated that it believes that a development agreement is premature, but that such an agreement is a good idea. The meetings to date have resulted in a better understanding of the concerns of all parties and stand a good chance of eventually resulting in a mutually satisfactory agreement. Funding Source: Not applicable. Alternative Action: 1. Direct city staff and special counsel to discontinue negotiation of a Pre-Annexation/Development Agreement. Attachments 1. Draft 4 - Pre-Annexation/Development Agreement for Bolsa Chica. CWT:RB/paj 2791a I RECORDING REQUESTED: DRAFT #4 (JULY 27, 19871 2 3 4 BOLSA CHICA 5 ANNEXATION AND DEVELOPMENT AGREEMENT 6 7 A. PARTIES 8 This Annexation and Development Agreement ( "Agreement" ) 9 is made and entered into by and between : 10 1 . , The County of Orange a political subdivision of the 11 State of CaliEornia ( "County" ) ; 12 2 . The City of Huntington Beach, a charter city and a 13 municipalcorporation ( "City" ) ,) , and 14 3 . The following owners of certain legal or equitable 15 interests in the subject property, Signal Properties, ( "Signal" 16 or "Developer" ) ( list all entities ) . ( List other owners who will 17 be parties . ) (Collectively "Property Owners" ) . 18 4 . The County, City and Property Owners shall be 19 collectively referred to as the "Parties" . 20 t 21 B. AUTHORITY 22 This Agreement is authorized and entered into pursuant 23 to Government Code Sections 65864 through 65869 . 5 , which 24 authorize counties and cities to enter into binding annexation 25 and development agreements with persons having legal or equitable 26 interests in- real property, including property within a city ' s 27. sphPria of influence . (See Gov' t Code § 85865. ) 28 7n , a { hFq '4x3 006T-F79 ( FT7 ) VD Vr! TNSSNS'd09 13 SWV1r1IIM 'HNEng FC7; 0T TMr I' I C. SUBJECT PROPERTY 2 The property that is the subject of this Agreement 3 encompasses approximately 11600 acres of largely undeveloped land 4 in the coastal zone, commonly known as "Bolsa Chica. " The major 5 portion of the area is unincorporated county territory surrounded 6 by the City and within the City ' s sphere of influence . Signal is 7 the largest property owner . A map of the subject property is 8 attached hereto as Exhibit 1 and incorporated herein by this 9 reference . A legal description of the subject property is 10 attached hereto as Exhibit 2 and incorporated herein by this 11 reference . 12 13 D. EFFECTIVE AND OPERATIVE DATES 14 1 . Effective Date. This Agreement shall become 15 effective upon: approval and execution by all the Property 16 Owners ; approval and execution by the County and the City, in 17 accordance with the procedures set forth in Government Code 18 Sections 65864 through 65869 . 5, and requirements for the 19 consideration of development agreements adopted by the County and 20 the City; and when the local coastal program for the area has . 21 been certified pursuant to Public Resources Code Section 30000 et 22 ;cc or the Coastal Coaunission has approved the development; 23 Agreement by formal Commission action. 24 Unless this Agreement is fully executed and approved 25 by , 19_, ".it shall be null and void. 26 2 . O erative Dates. Sections , 27 , and , shall 28 become operative upon the effective date of this Agreement . n -r J c r•r -,r�-r n n r r_c 7 n t T 7 1;.7 7-7 rT 1 K7 r7 C K7 rT ST r)C 10 C TA H T rT rT T M 7 ST 4 n q 7 7 n T 1 'P 1 7 T n r I Sections , 2 , shall become operative as- parcels of property 3 are annexed to the City. 4 _ 5 E. DEFINITIONS 6 7 F. EXHIBITS 9 G. PURPOSE 10 The purposes of this Agreement are : to implement the 11 County and City Land Use Plans and Local Coastal Programs for the 12 area , as they are certified by the Coastal Commission, through 13 timing and phasing of development and provision of infrastructure 14 and services; to provide for timing and phasing of annexation of 15 the county territory to the City prior to occupation by any 16 residents or businesses; and to specify the amount and allocation 17 of taxes , fees , and assessments . It is the Further purpose of 18 this Agreement to insure that the wetland areas specified in the 19 Local Coastal Programs are preserved, restored, maintained and 20 annexed and that the impacts of sand migration potential due to 21 the construction of an ocean entrance on the beaches within the 22 City are fully mitigated . 23 24 H. INTENT OF THE PARTIES 25 It is the intent of the Parties to facilitate annexation 26 of unincorporated county territory to the City and to provide 27 assurance to Signal that upon approval. of this Agreement and 28 final certification of the County ' s Local. Coastal Program and T,n • rccc )ra nnaT_C^7O ! CT7i W-) WrT f47q�J-7Anti R SWWTrfriTM '3;Y)4ng t7 : OT L6 ' LG Tnf 1 amendment of the City ' s Local Coastal Program, if necessary, 2 Signal may proceed with development of the project in accordance 3 with the certified Local. Coastal Programs and in accordance with 4 those policies' rules and regulations specified herein, and that 5 future land use approvals shall be subject to the conditions set 6 forth herein . To that and, this Agreement will be processed with 7 confirmation of the County L,CP; amendment of the City LCP and a City ordinances setting forth general plan and zone -designations 9 For the unincorporated area , all of which will become vested by 10 this Agreement , 11 It is the further intent of this Agreement to provide 12 assurance to Signal that it may proceed with development of the 13 property, as specified herein, notwithstanding future 14 inconsistent land use rules, regulations or policies, including 15 initiative growth management measures . 16 17 I . PLANNING HISTORY 18 (Detail . ) 19 J. PUBLIC BENEFITS 20 �The public benefits from this development that justify 21 and are consideration for the vesting of development rights prior 22 to that provided for by common law ( see Avco (cite ) ) , include 23 provisions for the Linear Park , the Wintersberg Channel , the 24 major roadway network , including the cross-gap connection, off- 25 road pedestrian and bikeway links, easements which link the 26 marina to linear park , the public marina and the preservation and 27 restoration of wetlands, each of which will be paid for , in part 28 at least, by Signal , .-4- S0 'd { 6ZS IYZ 006T-ZZ9fZTZ ? 1 SWVIzzzM 'aNlIns Sz : oT L8 ' LZ Tnc I NOW, THEREFORE, the Parties agree that : 2 1. GENERAL PROVISIONS. 3 1 . 1 Duration of Agreement . The term of this Agreement 4 shall commence upon the effective date, whichever is later , of 5 the County and City ordinances authorizing its execution. This 6 Agreement shall expire on �, 19—, unless extended -by 7 written mutual agreement of all the Parties . 8 1 . 2 Ass.icInment . The rights and obligations of Property 9 Owners under this Agreement may be transferred or assigned, 10 provided such transfer or assignment is made as a part of the 11 transfer , assignment , sale of lease of all or a portion of the 12 real property. Any such transfer or assignment shall be subject 13 to the provisions of this Agreement . During the term o1=' this k V 14 Agreement, any such assignee or transferee shall observe and 15 perform all of the duties and obligations of the Property Owners 16 contained in this Agreement as such duties and obligations 17 pertain to the portion of the real property so transferred or 18 assigned . Property Owner shall, give to the County and City 19 notice at least thirty ( 30 ) days prior to any such sale, 20 assignment or transfer . 21 1 . 3 Amendment or Cancellation of A reem�� This 22 Agreement may be amended from time--to--time by the mutual. consent 23 of the parties hereto but only in the saine manner as its 24 adoption, by an ordinance as set forth in Government Code 25 sections 65867, 65867 . 5 and 65868 . The term "this Agreement" 26 shall include any such amendment properly approved and executed . 27, 1 . 4 Hold _Harmless . Property Owners agree to and shall 28 hold County and City, its officers , agents , employees and 7n 7 1rrr 'Ivra nncT_Cc7nrcT^. X %_7 wrTlATr7C'AT'7Vr)C A CLTWT77TM '7VVnQ 07 nT 1C � ) 7 Tnr I representatives harmless from liability for damage or claims for 2 damage For personal injury including death and claims for 3 property damage which may arise from the direct or indirect 4 operations of the property owners or those of its contractors, 5 subcontractors, agents, employees or other persons acting on his 6 behalf which relate to the project. Property Owners agree to and 7 shall defend City and its officers , agents , employees and 8 representatives from actions for damages caused or alleged to 9 have been caused by reason of Property Owners ' activities in 10 connection with the project . 1 This hold harmless agreement applies to all dame es and 1 9 Pp 9 R I 12 claims for damages suffered or alleged to have been suffered by I 13 reason of the operations- referred to in this paragraph, 14 regardless of whether or not City prepared, supplied or approved � 15 plans or speci..ications , or both, for the project . 16 The Property Owners further agree to indemnify, hold 17 harmless , pay all costs and provide a defense for City , in any 18 action by a third party challenging the validity of the . 19 Agreement . 20 1. 5 Binding Effect of A reement . The burdens of this 21 Agreement bind and the benefits of the Agreement inure to the 22 parties ' successors in interest. 23 1 . 6 notices . All notices , demands and correspondence 24 required or provided for under this Agreement shall be in writing 25 and delivered in person or dispatched by certified mail, postage 26 prepaid. 27 Notice required to be given to the County oP Orange . 28 shall be addressed as follows: -6- Cn .7 S Gr'r- 'I"V IT C1 C1 C T_C C) ! CT^, 1 1.7 W rT 1 KT r7 C AT=%I r-1 C 0TOW TrT rT TM 'SV17no 1 7 r)T 1 0 7 Tnr kes�r»tc7v�s 1 The County of orange ATTN: 2 3 4 Notice required to be given to City of Huntington Beach 5 shall be addressed as follows : 6 The City of Huntington Beach Attn : City Manager 7 City Hall 2000 Main Street 8 Huntington Beach, CA 92648 9 Notices required to be given to Property Owners shall be 10 addressed as follows: 11 SIGNAL 12 13 14 A party may change its address by giving notice in 15 writing to the other parties . Thereafter , notices, demands and 16 other pertinent correspondence shall be addressed and transsnitt-d 17 to the new address . 18 1 . 7 CONFLICTS OF LAW: 19 1 . 7 . 1 Conflict of City and^State or Federal Laws . In 20 the event that state or federal laws or regulations enacted after c� 21 this Agreement has been entered into or the action or inaction of ! 22 any other affected governmental jurisdiction prevent or .preclude 23 compliance with one or more provisions of this Agreement or 24 require changes in plans , maps or permits approved by the 'City, 25 the parties shall : 26 1. 7 . 1. 1 Notice and Copies . Provide the other 27 parties with written notice of such state' or federal. 28 restriction, provide a copy of such regulation or policy -7- KE.S!t ..c�7v.Ji 1 i and a statement of conflict with the provisions of this 2 Agreement . 3 1 .7 . 1 . 2 Modification Conference. The parties 4 shall , within thirty ( 30) days , meet and confer in good 5 faith in a reasonable attempt to modify this Agreement 6 to comply with such federal or state law or regulation . 7 1 . 7 . 2 Initiatives and Moratoria. Should an ordinance 8 or other measure be enacted whether by action of the Hoard of 9 Supervisors, the City Council by initiative or otherwise, which 10 relates to the rate, timing or sequencing of the development or 11 construction of all or any part of the Project , City and County 12 agree that such ordinance or other measure shall not apply to the 13 Project to the extent that such ordinance or other measure is in 14 conflict with this Agreement . In addition to and not in 15 Limitation of the foregoing, City and County agree that no 16 moratorium or other limitation (whether relating to the rate, . 17 timing or sequencing thereof ) effecting subdivision maps, 18 building permits or other entitlements to use approved, issued or 19 granted within City or County, or portions thereof. , shall apply 20 to the Project to the extent it is in conflict with this 21 Agreement . Notwithstanding the foregoing , should an ordinance , 22 measure, moratorium or other limitation be determined by a Court 23 of competent jurisdiction to invalidate or prevail over all or 24 any part of this Agreement, Signal shall have no recourse against 25 City or County pursuant to this Agreement , but shall retain all 26 other rights, claims and causes or action which Signal may 27 otherwise have at law or in equity including, without limitation, 28 the right to appeal any such determination . To the maximum rn z r r_cn 'I 'I nnCT_C'7M f C'T7 \ W-') WrT1"UCKTr7vnC 70 CLTWT77-1 AA '�vvna 07 r)T 1 0 7 Tnn i I extent permitted by law, City and County agree to use their best 2 efforts to prevent any such ordinance, measure, moratorium or 3 other limitation -from invalidating or prevailing over all or any 4 part of this Agreement, and City and County agree to cooperate 5 with Signal in all reasonable manners in order to keep this 6 Agreement in full force and effect . City and County shall not 7 support or adopt any initiative, moratorium, ordinance, policy or 8 take any other action which would violate the intent of this 9 section. Signal reserves the right to challenge any such 10 ordinance or other measure in a court of law should it become 11 necessary to protect the development rights vested in the 12 Property pursuant to this Agreement . 13 14 2 . DEVELOPMENT OF THE SUBJECT PROPERTY. 15 2 . 1 Permitted Uses . The property shall be used and � 16 developed for the residential , commercial , resource protection, 17 recreational and open space uses specified in the County Local 18 Coastal Land Use Plan attached hereto as Exhibit 3 and 19 incorporated herein by this reference , and the City Local Coastal 20 Land Use Plan (as amended if necessary) attached hereto as 21 Exhibit 4 and incorporated herein by this reference . (Describe 1 22 the uses . ) 23 2 . 2 Permitted Density. The property shall be developed 24 to the density or level of intensity indicated in the County and 25 City Local Coastal Programs and the zoning set forth in Exhibit 26 5 . ( Describe generally. ) 27 28 Tn 7 I cc 1v r nn c T_c^n ! CT 7 1 W •W7 ,NT rsc AT 7vno 00 0TAW T rT rT TM • Tv jncr nc nT 1 0 • 1 Tn n 1 2 . 3 Maximum Height and Size of Structure. The maximum 2 height and size of residential, commercial and other structures 3 is set forth in Exhibit. 6 . (Describe generally. ) 4 2 . 4 Reservations and Dedications of Public Lands . 5 (Describe generally the HCP, Marina Park , linear park, open space " 6 trail system, streets and reference the LCP. ) 7 2 . 5 5ubseciuent Discretionary Actions . Complete 8 development will require future discretionary approvals by the 9 County and after certification of the County LCP, as well as 10 state and federal agencies including: 11 a. A Feature Plan 12 b. Planned Coaamunity Zoning 13 C. Specific Flan 14 d. Subdivision Maps 15 e. Coastal Development permits by both the County and 16 the City (For the Ocean Entrance) 17 E . Grading Permits 13 g . Building Permits 19 h. Use aIld Occupancy Permits 20 The following conditions, terms , restrictions and I 21 requirements are the minimum standards for subsequent 22 discretionary actions by the County and City: 23 2 . 5 . 1 Conditions for Development Approvals . All 24 development: approvals shall be conditioned in accordance 25 with the applicable City Municipal Code sections 26 governing such approvals at the time the applications 27 for such approvals are accepted as complete . If the 28 in s J ccr -1xr:r nncT_i 7q r C'771 w-) wrT wr;rgKT w)q 19 QWWT77TM `.7�TNf1R T57 : nT J fi ` l i T n r &t:Z6I r1V C,7 VJ• 1 County is the permitting authority it shall apply and 2 enforce the applicable City conditions . 3 2. 5 . 2 Construction Standards . All development 4 including, but not limited to, residential, and 5 commercial buildings and all infrastructure, sewers and 6 water facilities , etc . (do a list) shall, be constructed 7 to meet the standards of the City which are in effect at 8 the' time the building permits are issued . If the County 9 is the permitting authority it shall apply and enforce 14 the applicable City construction standards . 11 2. 5 . 3 Developer Fees . All customary and usual 12 developer fees shall be held by the County in trust , to 13 be paid to the City as annexation occurs . Current City 14 developer fees include park dedication Fees, cultural 15 enrichment fees and school fees . 16 2 . 5. 4 Taxes (Excluding Property Taxes). All City 17 taxes shall be levied against the properties upon 18 annexation. (E .g . , sales tax, gas tax, occupancy tax. ) 19 2. 5 . 5 Business License Fees . All City business ! 20 license fees shall be applicable to business operations 21 within the area upon annexation. 22 23 3 . DEVELOPMENT PROGRAM (DOTE; These sections need to 24 be detailed. l 25 3 . 1 Timms and Sequence of Development 26 Signal, plans to develop the property in five 27 phases . (Describe each phase, its boundaries , density 28 land uses, etc . and approximate timing. ), 1 3. 2 Infrastructure 2 3. 2 . 1 Water 3 3 . 2 . 2 Sewer 4 3. 2. 3 Streets and Highways 5 3. 2 . 4 Flood Control 6 7 3 , 3 Public Facilities 8 9 3 . 4 Ocean Entrance/Marina 10 11 3 . 5 Wetlands Restoration 12 13 3. 6 Parks 14 15 3 . 7 Huntington Harbor Connection 16 17 4 . PUBLIC SERVICES 18 Police, Fire 19 20 5 . MAINTENANCE PROGRAM 21 5 . 1 Infrastructure 22 23 5 . 2 Ocean Entrance 24 25 5 . 3 Wetlands 26 27 5 . 4 Beaches 28 • z.-. � ...z- �...-. - - -- -.• - - ---— AA \T 1T nR 7C /1T / fTA17 Tn r, keg/a�tcyu�i 1 5. 5 Operating Memoranda,. The parties acknowledge that 2 refinement and further, development of the Project may demonstrate 3 that certain changes, including but not limited to, relocation of 4 density and buildings within the Property, may be appropriate 5 with respect to the details and performance of the parties under 6 this Agreement . The parties desire to retain a certain degree of 7 flexibility with respect to the details of the Project completion 3 and with respect to those items covered in general term!6 under 9 this Agreement . If and when the parties find that changes or 10 adjustments are necessary or appropriate, they shall effectuate 11 such changes or adjustments through operating memoranda approved 12 in writing by the parties, which, after execution, shall be 13 attached hereto as addenda and become a part hereof, and may be 14 further changed and amended from time to time as necessary, with 15 further approval by City, County and Signal . Unless required by 16 law to maintain the enforceability of this Agreement , no such 17 operating memoranda shall require prior notice or hearing, or 18 constitute an amendment to this Agreement . 19 20 6 . ANNEXATION 21 6 . 1 Timing . It is anticipated that the County will � 22 process all discretionary permits, up to and including grading 23 permits prior to annexation and that the City will process and 24 issue building permits and use and occupancy after annexation. 25 Promptly upon annexation of each subarea the City shall issue. 26 such building permits and other permits necessary to complete 27 construction of the development as set forth in the Local Coastal 28 /// 1 I Program and County approvals. (E.g. , specific plan, vesting 2 subdivision maps, etc. ) . 3 No building permit or other permit for the construction _ 4 of any dwelling unit in the unincorporated area may be issued 5 until the area has been annexed to the City. Annexation may 6 proceed in five phases : subarea 1, consisting of ; subarea 2 7 consisting of ; subarea 3 consisting of -; subarea 4 8 consisting of subarea 5 consisting of 9 6 . 2 Conditions 10 11 6 . 3 Procedure 12 (Check with LAFCO) 13 14 6. 4 Property Taxes. Upon annexation, property taxes 15 shall be apportioned in accordance with the property tax 16 agreement attached as Exhibit _^ hereto, and incorporated herein 11 by this reference . 18 6 . 5 General Plan. Prior to annexation the City shall 19 amend its General Plan to conform to the County ' s General. Plan 20 for the area . 21 6 . 6 Prezoni-ng , Prior to annexation the City shall 22 prezone the area to conform to the County ' s zoning . 23 6 . 7 City_ Local Coastal Program. Prior to annexation 24 the City shall amend its %,ocal Coastal Program, if necessary, to 25 conform to the County ' s Local Coastal Program. 26 6 . 8 Assignment . Subject to the terms of this 27 - Development Agreement , provided Property Owners are not in 28 default hereof , Property Owners shall have the right to sell or 1 transfer the Project in whole or in part, to any person, 2 partnership, joint venture, firm or corporation at any time 3 during the term of this Development Agreement , provided that any 4 such sale or transfer shall include the assignment and assumption 5 of those rights, duties and obligations arising under or ,from 6 this Development Agreement applicable to the Project or portions 7 thereof being sold or transferred. Upon the express assumption 8 of any or all of the obligations of Property Owners under this 9 Development Agreement by such purchaser or transferee of the 10 Project or any portion thereof, Property Owners shall be relieved 11 of their legal duty to perform said obligations, under this 12 Development Agreement at the time of assignment , except to the 13 extent Property Owners are in default of any of the terms of this 14 Development Agreement as to the property sold or transferred. 15 Any and all successors of Property Owners shall have all of the 16 same benefits , rights, duties and obligations of Property Owners 17 hereunder as to the property sold or transferred . 18 Property Owners shall give written notice to City, 19 within ten ( 10) days after close of escrow, of any sale or 20 transfer of the whole or any portion of the Project, specifying 21 the nan;e or names of the purchaser or transferee, the purchaser ' s 22 or transferee ' s mailing address , the amount and location of the 23 land sold or transferred, an the name and address of a single 24 person or entity to whom any notice relating to this Development 25 Agreement shall be given. 26 It is understood and agreed by the parties that .the 27 Project will be subdivided after the effective date of this 28 Development Agreement . One or more of such subdivided parcels - -- 006T-€ �9 (6T{) sWrrrrTTM K28!HlattyVJ 1 I may be sold or transferred to other builder ( s) for construction 2 of the various phases of development of the Project by them in 3 accordance with this Development Agreement . Noncompliance by any 4 such builder (s ) with the terms and conditions of this Agreement 5 or with applicable City ordinances shall be deemed_a default by 6 that builder but shall not be deemed to be a default hereunder 7 again,t other persons then awning or holding any interest in the 8 Project or any portion thereof and not themselves in default 9 hereunder . 10 11 7 . PROCESSING THIS AGREEMENT 12 This Agreement shall be processed as follows : 13 7 . 1 California Environmental Quality Act ( "_CEQA" ) . The 14 County shall be the lead agency for purposes of CEQA and shall 15 prepare or cause to be prepared such environmental documents as 16 are necessary to fully comply with CEQA. 17 7 . 2 Pr2fe_ ty Owners . Property Owners shall approve 18 this Agreement in accordance with the rules of their respective 19 organizations prior to processing by the County and City . 20 7 . 3 County Procedures . This Agreement shall be 21 scheduled for `hearings before the County Planning Commission and 22 the Orange County Board of Supervisors with the hearings for 23 confirmation of the County Local Coastal Land Use Plan and Focal 24 Coastal Program, 25 7 . 4 City _Procedures . After approval of this Agreement 26 by the Property Owners and the County Planning Commission, this 27 Agreement shall be scheduled For hearings before the City 28 Planning Commission and City Council together with an amendment -16- 'keslACR9051 I to the City' s Local Coastal Program, if necessary, to conform to 2 the County' s LCP as certified by the Coastal Commission and such 3 ordinances and resolutions as may be necessary to prezone the 4 property and conform the City ' s General Plan. 5 7 . 5 Judicial Validation Proceedinq . 6 7 B. LENDER PROVISIONS 8 Encumbrances on the Property . The parties hereto agree that this Agreement shall not prevent or limit Signal in an 9 g p g Y' 10 manner , at Signal ' s sole discretion, from encumbering the 11 Property or any portion or any improvement thereon by any 12 mortgage, deed of trust or other security device securing 13 financing with respect to the Property . County and City 14 acknowledge that the lenders providing such financing may require 15 certain modifications and agree upon request, from time to time, � 16 to meet with Signal and/or representatives of such lenders to 17 negotiate in good faith any such request for modification; County 18 and City will not unreasonably withhold their consent to any such 19 requested modification . Any mortgagees or trust deed 20 beneficiaries of the Property shall be entitled to the following 21 rights and privileges : 22 8. 1 Entering into or a breach of this Agreement shall 23 not defeat, render invalid, diminish, or impair the lien of any 24 mortgage on the Property made in good faith and for value, unless 25 otherwise required by law. 26 8 . 2 The mortgagee of a mortgage or beneficiary of a 27 deed of trust, and their successors and assigns, of any mortgage 28 or deed of trust encumbering the Property, or any part thereof, -17- kes/AGR9051 ► 1 which mortgagee, beneficiary, successor or assign has requested 2 in writing to the City and County, shall be entitled to receive 3 written notification from the City and County of any default by 4 Signal in the performance of Signal ' s obligations under this 5 Agreement . 6 8 . 3 If the County or City Clerk of the County or City 7 timely receives notice from a mortgagee requesting a copy of any . 8 _notice of a default given to Signal under the terms of this 9 Agreement, County or City shall provide a copy of that notice to 10 the mortgagee within ten (-10 ) days of sending the notice of 11 default to Signal . The mortgagee shall have the right , but not 12 the obligation, to cure the default during a reasonably period of 13 time . 14 8. 4 Any mortgagee who comes into possession of the 15 Property, or any part thereof, pursuant to foreclosure of the 16 mortgage or deed or trust , or deed in lieu of such foreclosure; 17 shall take the Property, or part thereof, subject to any pro rata 18 c:lalm for pcty►tlefiLa Of 0i4Lyes ayaittSL LYie PiOpL Ly, or parC 19 thereof secured by such mortgage which accrue prior to the time 20 such mortgagee comes into possession of the Property, or part 21 thereof . 22 23 9 . INSURANCE 24 9 . 1 Insurance 25 26 9 . 1 . 1 Compensation Insurance 27 9 . 1 . 2 Public Liability and Property Damage 28 Insurance 1 9 . 2 Evidence of Insurance 2 3 10 . ANNUAL REVIEW 4 1.0 . 1 County, City and Land Owner Responsibilities 5 10 . 2 Opportunity to be Heard 6 10 . 3 Notice to Property Owners f 7 8 11 . ENFORCED DELAY, DEFAULT, REMEDIES AND TERMINATION 9 11 . 1 General Provisions I 10 11 . 1 . 1 Option to Institute Legal Proceedings or to 11 Terminate 12 11 . 1 . 2 Notice of Termination 13 11 . 1 . 3 Waiver 14 I 15 11 . 2 Default by Property Owner I 16 11 . 3 Default by County 11 11 . 4 Default by City 18 19 12 . MISCELLANEOUS PROVISIONS 20 12 . 1 Rules of Construction 21 12 . 2 Severability 22 12. 3 Entire Agreement, Waivers and Pumendments 23 12 . 4 Administrative Costs 24 12 . 5 Incorporation of Recitals 25 12 . 6 Non--Waiver of Rights . All parties agree that ever 26 though they have engaged in the process of negotiating and 27 entering into this Agreement , all parties shall retain any rights � 28 or remedies they might have which are generally available at law { -19- I i n r c rr -1xra nnc T_C' 7n r c T7 1 W j Wrr IKT'7CnTr7lTnc 0 Cf.WTrfrfTM 'Zvvn0 nri nT 1 0 ' 1 7 Tn r I or equity to the extent they would have had such r-ights and 2 remedies and had not. engaged in such process except as such 3 rights have been expressly waived, modified or restricted by the 4 terms of this Agreement . Signal shall not be considered a 5 "volunteer" so as to preclude the exercise of such rights or 6 remedies; provided, however , that nothing herein shall be deemed 7 to change or expand Signal ' s rights under this Agreement or to 8 change or diminish the City ' s or County ' s rights under this 9 Agreement . The provisions of this Section shall survive any 10 termination of this Agreement except a termination arising out of 11I the breach or default of Signal under this Agreement . 12 13 14 15 16 17 18 19 20 i 21 22 23 24 25 26 27 a 28 -20- +.. � �... ....-r ..- - r- . c��-. /<�rr ��t rrn.+rr��r�n a� nr.tu TITrtT AA rSVVnCT TR _ hT 10 $ 17 T n r f AMENDED aN SENATE JUNE 9, 1987 � AMENDED IN SENATE JUNE,2, 1987 AMENDED IN SENATE MAY 20, 1987. ' "AMENDED IN SENATE MAY, 14,, 1987 AMENDED IN SENATE, MAY III 1987 AMENDED IN SENATE MAY 4, ;1987 .. SENATE.BILL No. 1517 Introduced by Senators Bergeson and Seymour `} (Coauthors: Assembly Members Dennis Brown,. Ferguson, ) and Frizzelle) March 6; 1987_' , An act'. . r laHng to conserva t'I ,on dis.tricl `,'' e s,.t and, In 'this Connection, to create'the Bolsa Bay Harbor{and'Conservation ' :» District,,prescribe it`.boundaries, organi tioris�; operations;, .. ;; management,: financing, and' other powerg�and duties.. LEGISLATIVE COUNSEL'S DIGEST SB 1517 as amend d Bergeson. BolsaL,Bak..'''I-Iarbor and Conservation'District (1) Existing law,:does'not establish a speciatdistrict for'the . 'Bolsa°B,ay'Harbor'area. `_ This . �bih ;;would enaot the Balsa Bay ,.ITarbor" and v .Conservation' District-:Act which,'vwould,;subject to;specified . _ condition s,.,estabhsh.the Bolsa.Bay -�iarborandonservahon Districtwvithin a specific area ofI e unincorporated territory of Orange. County, to provide,'' among other..`things,' for implementation of the certified Bol '- Chica.Focal Coastal Program, as prescribed, and 'construction of specified harbor and related facilities,including water and sewer facilities. The . ` '"# bill would specify the powers and duties of the district and 2 �. —3— SB 1517 . —preparation,, of :a',wetlands restoration plan, and;,•:;�=� rov�de,for:;the management' and financing of district: The.bill'would impose a'state-mandated local program by -'2' re aration o£ a Huntin ton Harbour connection p P g 'equiring:,the Board'.of Supervisors' of:Orange, County,to '3 .channel plan.'. � C'�oridiict,.a.:formation election, as prescribed, by requiring The. ,Land -Use Plan .confirmation'.review has een specified county and"city officers to perform:specified duties, 5 '''required by Ahe .California Coastal Commission as-+an . d:by'Making'violationof specified,rules,and regulations of " '6 interim planning step between.certificatiori'of the Land: t `e: district ,a' misdemeanor`. �'�" , r' 7 'Us an and'c'bmpletion of the certification of the Bolsa: 2 The''.'California� Constitution"'re uires the , state to " ( ) . q 8 Chica:Local'<,Coastal;:Program: < eimburse local agencies and'school`districts;for certain costs 9 The.City:of Huntington Beach. has adopted, 'and the Y P 10 'California;..Coastal Commission has certified ' a Local i.,�,,fmandated . by` the .state, Statutor' rovisions ,'establish; !pr.o ,edures for.making that reimbursement: 11 "Coastal ,Program' for areas which, Surround the Bolsa . ,.; This,bill would provide that no reimbursement is required .12 Chica'which includes the ocean entrance area seaward of by:this act for specified reasons.: 13,` the Pacific' Coast.?Hi'ghway, portions, of the,linear park ' wte: majority. -Appropriation-, no.: Fiscal,.commit tee: yes.: . � i, 14 `area;, and'..;the .Metropolitan Water` District south yard' state-mandated local program:,yes. 15 parcel:,;Thq .city'has'coastal',permit authority 'over these 1� areas, Both the tit and the landowner anticipate that the - , k;`'j' 'The `1 I le of the'S,tate�of California do enact as follows: ' Y. . P " PeoP ,17 : unincorporated county area will be.annexed to the city 18, 'prior,to,corn letion of development as provided for in a' 4 19 development.agreement. CHAPITjER L INTRODUCTORY PROVISIONS' 20 The `:Department `of Fish and Game, the . Coastal 21, Conservancy, "the .County of Orange," and Signal " ,`4 Article 1. . ..]Legislative Findings and:Declarations . � 22 Properties,a major landowner in this area,have prepared . ' 23' a Habitat Conservation Plan pursuant to Section section 1. This act shall'be known,and may be'cited .. 24 ..of the Public,Resources Code. The 'plan encompasses. 7:.',as'the.Bolsa Bay Harbor.and'Conservation;District Act. 25 both the county,and city areas.. 8:'; . Sec.2. The Legislature hereby finds and declares that ;. .26 The activities associated with final approval and Y 27' implementation of land use plans encompassing both the certain' coastal',wetlands 'and environmental) sensitive z 10' areas'along the coastal zone commonly known as "Bolsa s 28, city '- ' and " county areas are complex and >:11;,_, Chica". in Orange County are subject to the jurisdictions 29 ','multijurisdictional. of many diverse'" independent federal,state, and local r: 30 -This' act. is+ for the purpose of providing increased 13:. agencies..E£forts'to arrive at a,suitable:land use plan for 31 management*, options : 'for . and a mechanism ,for ;14;',the area have been underway' for many years. The major 32 interagency coordination of the processing and g Y P g 15:;,',portion of the area is unincorporated county area entirely 1' 33 : 'implementation of the plans for, Bolsa Chita within the ;�6 . surrotmded by the City of Huntington Beach. 34 'area as maybe finally approved by those agencies with -•17 ' 'The .County .of Orange has adopted the Bolsa Chica 35 jurisdiction over the lands. } 18 ' Land`Use Plan. for.the unincorporated area which has '36 Sec. 3.. The Legislature further'finds that there are 19 been conditionally approved by the California Coastal l 37 mineral rights in, and oil and, gas operations being 20 Commission subject to confirmation review to address j 38 conducted on, the Bolsa Chica lands, This act is not 21 'the following general areas of concern:' (1) technical i4 39 intended to subject these mineral rights or oil and gas 22 studies on the feasibility of an ocean entrance, (2)' 40 operations to any of the assessments, fees, or taxes which '$B '151, —4 5 SB 1517 .. , Y.. y, r"fit ai ,.1.-.�.. be assessed or levied as a result of this act, except to 1 more particularly'shown on the map filed in Book 92, extent of .any benefit conferred thereon. The 2 Pages 19 through.28, inclusive, of Records of Surveys, in Y.g<`-relocation, consolidation,,'wetlands restoration,, and the 3 the office of the county recorder, described as follows: marina; residential, and commercial development 4 Beginning 'at a point in the existing boundary line of 4<< 5; pursuant to the certified local coastal program will not be 5 Orange County. Sanitation District No. 11 as established 6, ..a'benefit to the mineral rights and oil and as operations 6 b Annexation No.-�15 to Orange Count Sanitation ' 7 as defined in this act. g g p 7 District ' No. "41, i,that point being the northwesterly 8. Sec. 4. The Legislature further finds and declares 8 terminus o£11ithat certain course described as "North .' 9 that no.provision of this act is intended to preempt or 9 34°02'21" West 604.70 feet"in that Annexation No. 15,that 10 . otherwise interfere with the jurisdiction'of the City of 10 point'being also South 0°10'16" West 30.00 feet and North :`.11 ",'Huntington Beach, the State Lands ,Commission, the 11' . 89021'40" West 640.00 feet, from the intersection of the .- . '12 ",California Coastal Commission, the Department of Fish 12 centerline of Bolsa'Chica Street, 60.00 feet in width, wif 13,.and Came, and the Department of Parks and Recreation. 13 the 'centerline of Los Patos Avenue, 60.00 feet in wid' 14 ' No provision of this act is intended to preempt the 14 ,as vacated by the Resolution of the Board of Supervisors 15 'California'Coastal Act of 1976 (Division 20, (commencing 15. of Orange County;.California, recorded July 15, 1943, in 16 ith •Section 30000), Public Resources Code),' or to ,'16' Book 1197, Page,424-of Official Records, in the office of :I 7 provide.a level of environmental protection less than any 17 the county,recorder; thence in a general southeasterly, 18°.,provision of the certified Bolsa Chica Land Use Plan, any 18 northeasterly, and easterly direction along the existing° requirement of the California Coastal Act of 1976, or any 19 boundary.line as established by that Annexation No. 15 to „ 0 ; regirem•ent imposed by the California ' Coastali 20 an angle point', therein; that point being: the easterly 21 '' Commission pursuant to the California Coastal Act' of 21 .terminus of 'that certain course described as "North 12 •1976:. 22 75043,04" West 373.65 feet" in that Annexation No. 15; 23 thence southwesterly, westerly, and southerly along the 24 Article 2. Boundary Description. 24 ' existing boundary line, as established by the annexation 25 �to Orange.County Sanitation District No. 11 described in :�26 .''. Sec. 5.0: (a) The Bolsa Bay Harbor and Conservation 26 the Resolution of the . Board of Supervisors dated .:27.` District'�hall consist of those lands in the unincorporated 27 November.20,' 1957,. to an angle point in the formatio~ 28= territory,of the, County of Orange, State of California, 28 boundary of Orange County Sanitation District No: 11 'being that portion of Section 28,Fractional.Section 29 and . 29 described in the Resolution of the Board of Supervisors or 30 ,;;Section 34 in Township 5 South, Range 11 West, as shown 30 Orange County dated January 6, 1948, that=point being 3.1 ;'on the map of Rancho La Bolsa Chica recorded in Book 31 : also the southwest corner of Section 34; thence southerly 32 :. 51, Page 13 of miscellaneous maps;'in the office of the 32 and westerly along the existing "boundary line as 33 .county recorder of the county, together with that portion r 33 established by!that formation boundary to.a'point on the 34 of Section 34 and Fractional Section 4.in Township 6 34 northeasterly 'right-of--way line of the Pacific Coast 35" South,Range 11 West,as shown on the map of Rancho Las 35 Highway, 90.00 feet in width, as shown ion Sheet 7 of that 36 Bolsas' recorded in Book 51, Pages 13 and 14 of the 36 map filed in Book 92, Pages 19 through '28,'inclusive, of 37i. miscellaneous maps and together with that portion of 37 Records of Surveys, that point being also in intersection 38 Fractional Sections 30, 32, and 33 in Township 5 South; 38 of that northeasterly right-of-way line with the west line 39. Range 11 West, San Bernardino Meridian, according to 39 .of the northeast quarter of that Fractional Section 4 and 40 the official plat filed in the District Land Office, all as 40 an angle point in the boundary line of Annexation No. 12 7— SB 1517 SP 1517 --6 1 .to Orange<County' Sanitation, .District No. .11; thence. 1 existing boundary line as established by that Annexation 2 northwesterly` along' the existing boundary line as 2 No. 16, being also that southerly line, to the southeast 3 corner of.that Annexation No. 16, that corner being also 3. established by.<that Annexation 'No. 12, being also the g 4 northeasterly right-of--way line, to an.angle point in the '4 an angle.point in the boundary line''of Parcel "D" of 5 existing.boundary line; thence leaving the northeasterly 5 Annexation No. 7 to Orange County Sanitation District 61 right-of-way. line;: southwesterly continuing along ,the 6 No..: 11; .thence .easterly• continuing along the existing existing boundary line'as'established by that Annexation :7 'boundary' line as .established _by that ,Parcel "D" of. 8 No.: 12 to, an angle point therein on the southwesterly, 8 ' Annexation No.7,being also.the southerly line of Warner 9 right-of-way line of the Pacific Coast Highway; that point 9 Avenue and the southerly line of the,vacated Los Patos, . 10. being ';,also '':the southeasterly terminus' ' of .the 10 to the southeast corner of that .Parcel "D," that corner 11 southwesterly and northeasterly lines of Annexation No. 11 being" also an angle point in the boundary line of P_ 12 17 .'(Bolsa Chica State - Beach) , to Orange County 12. Annexation No.,14 to Orange County Sanitation District 13' 'Sanitation District No. l l;thence northwesterly along the 13' No. ' 11; 'thence' easterly continuing .along the existing .14 ...existin .boundar line,'as established b that Annexation 14 boundary. line, being also the southerly line of vacated g y y 15 Los Patos, to the point of beginning, the above-described 15 'No. 17, !'being;, also, the 'northeasterly line and the, 16 'southwesterly right-of,--way line, to the southerly line of ,16 , parcel of,land'containing 1520.20 acres, more or less. 17, Warner Avenue, 60.00 feet in width, as shown on Sheet 2 17 (b) The,, following ' lands are, excluded from the 18 ' of:that map-. filed :in 'Book 92, Pages .19 through, 28, : '18 District:' 19 inclusive, of .Records of Surveys; thence leaving. the 19 (c) A ' map of the district territory is as follows: 20 southwesterly.' - right=of--way line, northwesterly 20 . 21'' continuing along.the,northeasterly line and the existing 21. . (d) If the State Lands Commission determines that its 22 boundary line to an angle point therein on'the centerline 22 lands or, a portion thereof should be included within the 23 of.Wamer Avenue;thence leaving the existing boundary 23 district,'.the. State Lands Commission shall .notify the '24 line;South 89°12'50" East 132.85 feet along that centerline. 24 district in writing of that fact and file a legal description 25 to'a point on to existing boundary'line, that point being 25, of its lands with the district at the time of the notice. 26 the westerly terminus:of that certain course described as '26 Upon receipt of that notice and a certified copy of the 27 . "North 89°51'53" east 280.30 feet, 'snore or-less," fora 27. legal ;description, the `district shall adopt a',resolution 28 ' setting forth::°the legal description of- that land and 28 portion; of the' boundary line "of Annexation No: 16 g g P 29. .(Huntington��' Harbour. No.' 4) to" Orange, County 29 confirming the.fact that the described lands are within 30 : Sanitation, District ,No.' 11, that 'point 'being -also the 30', the.district::;.';;' 31 ,beginning of.a"nontangent.curve concave southwesterly 31 ' Within 10� days thereafter, a certified copy ,of the .`;32 having a radius of.3053.51 feet, that curve�being also-to 32 resolution shalfl be 'filed,with the local;',agency formation 33 :.. . right-of way line of the.' "Pacific Coast 33 commission'of the county, at which_ ,time incorporation northeasterly . 34 -Highway, a radial'line to that point bears North 50°16'05" ',` 34 shall be'deemed complete. .35. ,East; thence.leaving that centerline, southeasterly 39.26 i' 36 feet along that curve and that northeasterly right-of-way 36 Article 3. Definitions 37': line; being also existing boundary line as established 37 •38 by that .Annexation No. 16, through a central,angle of 38 Sec: 100. Unless the context otherwise requires, the . 39, 0°44'12":to an angle point therein on the southerly line of 39, definitions in this article govern the construction of this 40 ' Wamer"Avenue; thence easterly continuing along the "41 40 act. SB 15_ —g _... r SB 1517 1 Sec. 101. The definition of a word applies to any of its 1 equitable title to the land by way of a land sale contract 2 variants: 2 and the contract or a memorandum thereof is recorded, ..3-' Sec. 102. "Board of supervisors" means the Board of 3 "holder of title" means the contract vendee thereunder 4 .Supervisors of Orange County. . � 1 4 .and not the record owner of the fee title. 5.' Sec. 103. "City"means the City of Huntington Beach. Sec. 112.5.: "Huntington Harbour connection" mDean 6 . Sec. 104. "Coastal commission" means the California 6 a navigable'channel .between the ocean entrance Coastal'Commission established under Section 30300 of 7 Huntington.Harbour'.*, the Public Resources Code and designated as the coastal Sec. 113: ,,:°°Improvement district'' means , any area -.. 9 .zone planning and, management agency, charged.with 9 .within the: ';,district established by the commission 10 implementing the coastal act.. 10 pur'suant.,to any of' the provisions of this act, or other 1.1 Sec.;105: "Commission" means:the.. Bay Harbor, 11 :.applicable laws for the:.purpose of`providing for and and Conser'vation`'District Commission.`,' 12,; financing':`the construction, acquisition, reconstruction., 13-; Sec.,106: "County." means:the;Coun of Oxan e. 1 . tY, g 13 maintenance; operation, extension, repair, See. 10T - ``Department of Fi'sh,and,Game"means the 14 improvement of any work'or ofcomtnon benefit . ) „15 state- agency having authority and ,,responsibility to : '15 the land'or inhabitants`within an improvement district: 16.+:Protect.and enhance fish and wildlife resources. ,'16�. Sec:' 114: !`. Land".''means the 'solid' material of the '17' Sec: 108. "District"means the Bolsa,Bay Harbor and 17'',; earth,,whatever may. be',the ingredients of which-it is. 18` .Conservation District. 18 "'composed''vvhether�so` rock'' or other substance. It does 19 Sec, ;108.5. "Federal ,beach nourishment program . ' 1? 19 .nbt'mean improvements thereon or rights and privileges 201. means the current federal'sand 'replenishment program 20' a erta" ' in to water; minerals, '.oil, gas, or other ``', e'to're lenish sand between Anaheim Bay and Newport, pp g'' p Y21, hydrocarbon'Substances underlying the surface thereof. ,12' Beach pier. "'22 Sec.' '15.; "."Land .use plan":''as 'de fined''in Section See., 109.- "Federal cost,share" means:, the' contingent 23: 3010$.5 of the' Public Resources Code, applies to that 2 :; authorization of funds, if any; consistent with the water 24 portion of the Bolsa Chica Land Use Plan that lies within 25..'Resources Development.Act of 1986. 25 the unincorporated'county area. The land use plan does 26 :'' Sec.;110. "Habitat,conservation plan" means a plan 26 not include areas within the corporate.boundaries of the which provides for the conservation of the habitat of fish 27 City of Huntington'Beach. $' ,and wildlife resources as described in Section 30237 of the 28 , Sec. 116. "Legal representative" means.an official , �29v`'Public Resources Code. 29 a corporation".owning land, and means a guardia__, 30. ., Sec; 11. "Harbor facility" means.the;marina basins, ''30 executor,:or administrator of the estate of the holder of main'.and secondary' navigable waterway 'systems, .the 31 title to land who is any of the following: lands underlying the marina basins, main and secondary 32 (a) Appointed under the laws of this state. :;33::'waterways; and any abutting lands used for 33 (b) Entitled to the possession of the estate's land. 11>.34`,.,boater-oriented"recreational. or. commercial activities, 34 (c) Authorized by the appointing court to exercise the including inwater or dry storage of boat$,and the parking 35, ,particular,right; privilege, or immunity which he or she `36 of vehicles to' accommodate the, : recreational . or 36 seeks'to exercise. 37:.'.,commercial activities of. the harbor. 37 Sec. 117. "Local coastal program" as defined in 3$'.' ` .Sec. 112.- "Holder of title" or "landowner". means the 38 Section 30108.E of the Public Resources Code, applies to 39 owner of record of the fee title to land, except that, if the 39 a local government's land use plan zoning ordinances and 40 owner'.of record o£` the fee title has conveyed the 40 implementing actions - program` which, when taken SR 151 a :10�--' , 11— • SR' 1517, r . , .the`coastal zone.' 1, .tog6ther;'satisf �th'e `requirements and:implement the 1` recreation.v thin Y 2 Sec:' 12& "'Landowner voter" means a person who is , ,:2'.-'provisi6ns�and policies .of.the .California=Coastal Act of 3 a holder of' tle of assessable property ;;�. 3' 1976 gat:the local level. .. ? � . 4 Sec.;;�117.5:``� "City local coastal program" means the :4 ":Sec. �124.� :.'."Resident,voter" means a"person who is 'a 5' qualified elector and a resident of the district. ocal coastal program for the incorporated area which has �` „ ` received;full:certification by the coastal commission,.and 16 Sec. 125.,` '1:;,Wetlands restoration :means an activity to nhance- s•, ;;7.; 8 eseecaall those which have be n destro ed or wetlands, pursuant to which, permit;authority was.returned to the y degraded, $.' .city'-as,;.of'March 14, 1985. P Y 9. ,Sec:; 118: "Ray" is permissive and. "shall" is 9, to a:high 'quality, fully functioning level of biological f10: mandatory: 10. productivity and diversity. ` ','Wetlands restoration plan" a phased " .'11,'' :''sec. 118.5:� "11�esa area" means the area of land within 1I . Sec., , . 12,:,the:district which'is'at or above the five foot'•above sea, 12 concept and : implementation plan. approved by the `level', tour line 'bordered on the north" by WlVarner . 13 epartment of Fish and Game and the California Coastal 14 Commission,' to create, restore enhance, preserve, and 14 : Avenue:and UsTatos Avenue; on the east by the district 15 maintain certain wetlands and environmentally sensitive 115 boundary,on the south by theWintersberg Flood Control 16 ; habitat areas identified in the certified Bolsa Chica Local 16 Cliasin.el, and ton the west by,the,Pacific Coast Highway. `1,7 r' Sec.' 11&7. "Mineral rights has the same meaning as .. 17 Coastal Program. `,18, that term is defined in Section S&3.110 of the Civil Code, 18, �9. .biit,excludes surface owh6rship'6f parcels.of land, . i9 ' Article 4: Establishment and Purposes •Sec. '.1'19:. "Navigable ocean entrance" means the 21 'system!of.navigable waterways that provides-for access 21 ' Sec. 140: The 13olsa 13ay Harbor :and Conservation 22 between the Pacific Ccean. and the harbor facility. and 22 District,is hereby established in accordance.with this act• 23 may ',include side` jetties and, an off shore 'sheltering 23 and is a public� corporation .created" to provide an :24 breakwater: 24 adequate institutional and legal framework to achieve,all 25 ,Sec.' 119.5.' ,`,61 and gas operations"meansall surface 25 : of the following purposes: 26 and subsurface.operations and'activities relating_to the ' 26 (a) Carryout and fund implementing action programs 27 dedeloptnent, production, and treatment.of oil and gas_ 27 to restore,' enhance. ,and maintain'. in perpetuity the 28 :;reserves as , et=mitted b applicable . deeds, leases 28 . wetlands. and. environmentally sensitive habitat areas , p y on 29 .within the coastal zone of®range County, identified by agreements,'1aws, and regulations. . ' .3Q Sec: 120. . "State" means the State of California. and, 30 ; the a .certified.13olsa Chica Local Coastal Program. ., 31 includes all, ' bureaus, commissions, divisions, 31. ' (b) Administer and raise funds to repay' the federal 32 departments, boards; agencies, committees, officers,and 32 loan cost share "if authorized pursuant to the VFlater, '.M branches' thereof. 33 Resources Development Act of 1986, and to maintain in 34:::'« Sec. 121: "United States" means the, government of 34 ,. perpetuity such facilities, structures, and appurtenances 35 the United States of America ,and includes all bureaus, 35 for'an�navigable ocean openings and facilities to protect ' 36 commissions, divisions, departments, boards, agencies, 36 the naval, weapons station and waterways constructed. 37 committees, offices, and branches thereof. 37 with those funds,as may be authorized or appropriated 38 Sec. 122. "Visitor serving facilities" means the 38 by the federal government, in accordance with 39 facilities that fulfill purposes under the California Coastal 39 applicable state and local rules and regulations. 40 Act of 1976 of serving the need for public access and .40 '(c) Maintain and administer- the facilities of a small I SB 151,, — 12— — 13— ° SB 1517 I craft-harbor landward of the Bolsa Chica ocean entrance. I on the lands: owned by metropolitan, by its assignees; 2.. ° (d)'. Provide for the financing and construction of '2 lessees,, permittees, franchisees,',,or .licensees or by 3 s:water and sewer facilities by the district. 3 metropolitan alone or `with another public or private 4 ' (e) Administer and raise funds to construct and 4 entity, 'which is not directly related to its authorized 5 maintain appropriate facilities for (1) dredging and land 5 . purposes, shall be subject to any 'uniform charges or 6':,reclamation.purposes, (2) drainage and flood control 6 ',surcharges as set forth in or pursuant to this act, provided purposes, (3) parks, recreation, and open-space land.and 7 that metropolitan or its lands'.shall not be liable' for 8: facilities, (4) levees and channel edges,and (5) docks and 8. ,nonpayment of the,fees, assessments, taxes, or charges 9 appurtenances, and to participate in federal,'state, and 9 imposed on enterprise functions. ,10 local beach nourishment programs: 10 See. 144. ",If state public trust lands are included within 11 11l the district, any revenues collected by the district from 12: (f). Exercise the powers which are expressly granted ,,by this act. Nothing in this section authorizes the district 12 enterprise functions , conducted. on - state lands, not 13 .to exercise any powers'on state lands without the prior, 13 needed 'to defray normal operating expenses related r 14 , written approval of the State Lands Commission. P 14. state activities conducted in the district, shall only 1 15 Sec. 141. No provision of this act limits the power or 15 allocated or spent for purposes consistent with the public 'authority'of'the. city, county, or 'any,state agency with 16, trust: 17 jurisdiction within the district to, regulate land uses 17 Sec. 145J :One .of the purposes of'the district is to '48 within the district.' 18 facilitate the coordination of the activities,programs, and 19 powers of the ;various federal, state, and local agencies Sec. 142. If the state determines that its lands, or an 1 20 with the harbor, wetlands, oil and gas operations, . 20 "portion ,thereof, should:be included'.in, the district, the , 21,,provisions of .this act shall not be construed to conflict 21 residents, and landowners in the project area in order to with the'.obligation of the state to carry out its public trust 22 .achieve an orderly; coordinated .development that responsibilities on those lands. 23 enables .restoration and protection of the Bolsa Chica 24 Sec:'.143. (a) If state lands are.included in the district; 24 wetlands, construction o£ state and federally funded. those lands shall not'be subject to any taxes, assessments, . 25 harbor facilities if authorized and approved,coordination .,26 .rates; £ees, liens, or charges without its written consent. 26 -with the. California Coastal Commission in conjunction. t 27'.` However, any ,'enterprise function conducted on the 27 with county, planning, :and ,coordination 'of planning, 28 lands :,',owned by the state, its assignees, -lessees,, 28 utilities, and,services,with the City of Huntington Beac' .o 29 perrnit,tees,' franchisees, or.licensees or-,others shall be 29 .to facilitate; annexation to the city prior ,to tentati ' . 30 subject;to any uniform charges or surcharges as set forth 30 approval, of any subdivision maps. .': or,':pursuant to this act. The state or itslands shall not 31, This act"shall not,impair the state,sovereignty over its 'i,i 32 ;,be liable for nonpayment of those fees,.' sessments, taxes, 32 lands within. the project area or impair. the'state's ability 33 or charges. i 33 to control, operate, and maintain its lands.and resources '34 (b) ..Land$,owned by the.Nmetropol tan..Water -District 34 1f included in the district. `'.!�.35.T of Southern-.,`California,, (m,etropolitan)'; ;'which:. are '35 Sec. 146.. ;, 1Vo _.provision in this act limits the 36 included,in tha district;shall.not be subject to any,tax es, 36 enforceability. 'and applicability of''any.',provision of any 37 ,assesstrients;rates;fees,'or charges by.the district without 37 agreements entered into between or 'among a, city, -38 its., written,•consent. If metropolitan-. requires district 38 county, state, or federal agency and a private_person 39 services, they,;shall be*provided 'on.,terms`acceptable io 39 .affecting the,Bolsa Chica area. ''. 40.: :the district. However,any enterprise function conducted 40. Sec. 147. If any provision of this act or the application SR .151•. 14— — 15-- SR 1517 „1; 'of that provision to any persons or circumstances is held 1 fee for any service required to be performed under.this ,2; invalid, the remainder-of this act, or the application of 2 act: 3 ',`that provision'to persons other than those to which it is 3 , Sec. 154. Fees payable t6 the Treasurer pursuant to ;4',:held invalid,,,shall not be affected. 4 ,this act shall, be ,those established by the -Treasurer 5 ` Sec. '148. This, act-shall not become operative unless' 5 pursuant to Section 20018 of the Government Code. !6 the.county local coastal program has been fully certified : ,6 , Sec: 155. : Elections authorized by this act are subject and the .city's certified local •coastal program has been 7 to '-the" . Uniform District Election Law (Part 3 ;8:,amended, if 'necessary, to ;conform to the county's, 8 (commencing with Section 235�) of Division 14 of the 9 certified program... 9, Elections Code) .:.10 Sec. 1:49. This 'act shall not become operative unless '' 10 Seca 156. : The district is a' "district" as defined by 11 ori', or .''before.'January.' 1;' 1988, the city, county, and 11 ' Section ` 56036 of the' Government! Code. After the' 12 landowner-developer have : entered into an ; ,•12 establishment of the district, any proposed change of ,13 .annexkion-development agreement pursuant , to ' : 13 organization,or reorganization for,which the district is a );:,14 subdivision •.(b) of Section': 66865 of, the Government 14 :. subject 'agency . shall be initiated, conducted, and 15 completed-• pursuant to Di 16 � ` � ' : • . . . vision 3''(commencing with 16 'Section, 56000) `of Title, 5.of the Government Code. ' '17 Article '5. General Provisions 18 17 Sec. . 157. It .is the intention',: of the city and 18 landowner developerthat the: entire project area; be :..,'19.:.;:;.. Sec,`�150. Nothing-int,tliis act changes or repeals any 19 ultimately annexed into the city.'gn;order to implement 20 other law o£.this state. 20 the certified'Rolsa Chica Local Coastal Program before 21 Sec. 150.5.'; ,Na provision of thi$'act has the•effe&bf, or. . 21 annexation;the landowners,the city';'and the county may ..22' .,is intended to:'have, the effect of, providing a level of. 22 enter intp aigreements,including, butt not•limited to, the . 23,_'environmenial protection less than that Iof any provision 23 establishment ''of an, urban service area pursuant to .124' ,of any land:'-use plan certifie&pursuant,to.,the California. 24.' Section 56080 of.the'Government Code, the adoption of 25 ,'Coastal",Act"of 1976 (Division 20 ' (commencing ,with 25- prezoning pursuant to Section 65859 of the Government ..26 ';•Section',30000), Public Resources Code),:or any,zoning ,26,.Code,the approval of development agreements pursuant 27 ,-ordinances; zoning,, maps, or,.,implementing 'actions 27 to Article:?2.5 (commencing with Section 65864) of 28 re aired b Section 30513 of'the' Public Resources'Code. 28 'Chapter: 'o£ Division 1 of 'Title 7. o£ the Government q y The; rights,• privileges, and ; immunities , 29, :Code,' ' or, the relationship between annexation and `,:,,created or continued in force'by this act in favor,of any '30 tentative maps,and vesting tentative maps`pursuant to :31' holder of title to land for his or herbenefit and on his or 31 Section 66413 of; the Government. 'Code. After her` behalf may be exercised by his or her legal 32 annexation, ,the district shall- continue "to exercise its !'33 ;,;representative•. 33 powers .concerning funding of wetlands restoration, 34 .'.. .,•Sec. 152. Whenever an instrument is by this act 34 maintenance, and operation; assessments for federal cost 35 ' required• , to -be ,, acknowledged; each signer shall 35 share repayment; small craft harbor operations and 36" acknowledge-the instrument in the manner provided by 36 related activities; sand replenishment; and assessments ;. 37 ' .haw'before his or her signature shall be effective. 37 against property within the district. 38 Sec. 153. Except as provided in Section 29142 of the 38 Sec. 158.: Notwithstanding Article 5 (commencing 39 .:Government Code, no supervisor, auditor, clerk, or'any 39 with Section 53090) of Chapter 1 of Part 1 of Division 2 40 other officer or employee of the county shall receive any 40 of Title 5 of the Government Code, Article 7 SB 151`4 — 16— SB 1517 1 (commencing with Section 65400) ` of Chapter 3, of 1 by,appointment by the remaining commissioners or, in 2 Division .1 of Title 7 of the Government Code, or any, ,' 2 the absence of'a majority consensus or of a quorum, by 3 other provision of law, the county or city in which a . 3 .the board of supervisors. ..4 , facility, work,or improvement'is located shall not permit . ' 4 (b). Vacancies for commissioners elected pursuant to .5 : any facility, work, or,capital improvement of the district ' 5 Article 5 (commencing with Section 240) shall be filled .6 unless�and until the applicable local government finds. , 6, pursuant'to,Section!'1.7 of the Government Code. T. that the facility,work;or improvement is consistent,with . 7,, Sec:204:. ;'At`any time'after£our years from the date of ...8 the eneral plan, certified' local; °Coastal program, 8,�, the 'formation' of..:the, district, and from time to: time g P p gr , .. 9 applicable,' specific plans, zoning' 'ordinance; ` .and "` '9 , thereafter,-'but'not"less Than'120 days before-a general .}:10;; subdivision ordinance of the county or city. 10'' district election,` the 'commission .may, by resolution, 11 Sec., ''. 159. Any ' .construction; alteration, repair, 11 increase' the number of commissioners to serve on the :':;12. :.demolition; or, other'work done by,- or for, the district, :,12, commission to:i,7i" 9, or'11 and may designate the first 3 .J3 including, the acquisition,of any work,by th&,district is 13 additional "members:; 'to' serve on the, enlarge 'J4, deemed a "public work" and subject to, Part 7 _ 14 commission. 15:' (commencing with Section 1720) of Division 2 of'the 15 The commission shall determine the term of office of 16 Labor Code, including the requirements''of.payment of 1.,16 each'of the new, commissioners so appointed, but in no 1;,17, .not less :than the general'prevailing rate of per diem 17 event `shall';that term designated by the commisAon be `18_ wages,pursuant,to'Section 1771 of the Labor Code. 18 for more'than four.years.The terms of office thus created 19 shall be determined in a manner so as to keep as nearly 20 CHAPTER 2. INTERNAL ORGANIZATION 20 equal as practicable the number of commissioners to be ;;2I 21 elected at each subsequent general ,district election.. 22 Article 1. General.Provisions 22 ,;Upon the expiration of those terms so designated by the 23, commission;the position shall be filled at the next general _. ;24.,,: 'Sec.200..`- The"district shall be governed by the Bolsa. 24 district election and general district elections held 25. .Bay ,harbor and Conservation District Commission. 25 .:thereafter for:the election of officers.' .26 Faccept as. provided by' Section 204 'and Article 3 26 Sec. 205.". All:commissioners .shall'be electors of the 27. (commencing with Section 213), the commission shall be 27 county. 28 composed ' of. five 'members and shall have the 28 .' �) 29 qualifications and shah`be elected as set forth in Article 29; Article 2.� , Election of the .First Commission 30.' 2-(commencing,with'Section 210). 30 �31 ,'. ,:Sec.201." ,The terms of:office of commissioners elected 31 ,: Sec. 210.. "The district shall be,- governed by ' a 32 pursuant, to this chapter shall be four years. 32 commission composed of five members, three of whom 33 Sec. 202. Except. as otherwise provided by. this 33 shall be elected pursuant to this chapter, one shall be the 34: chapter, elections for commissioners shall be called for 34 county supervisor representing the supervisorial district held to coincide with the statewide general election 35. in which the district is located,and one shall be-a member ::.36 ,in November of-each even-numbered year. 36 of the,'City Council 'of the City of Huntington Beach. 3T Sec..203.- All,vacancies in the office of commissioner 37 Upon annexation, the district shall be governed by the 38 shall be filled as'follows: 38 City Council of the City.of Huntington Beach. (a) ,Vacancies for commissioners elected pursuant to 39 Sec: 211. The first commission shall be elected at an . '`40 Article 1. (commencing with Section 210) shall be filled 40 election conducted by the board of supervisors within 35 :SB 15. �' 18— � — 19— S� 1517 1 days.following the formation' of,the district, as follows: 1 at least 90 days prior to any district election,determine (a) Any person qualified 10 vote in elections 2,'.that voters shall thereafter be ascertained pursuant to this ti3 conducted pursuant to Article 1 . (commencing with 3 section, Section 210) and this article shall,be voters, as defined in - ' 4 In,that event,the county clerk shall prepare the voter 51 Sectigns .123. and 124: 5 list required;;by.`Section 23527.5 of the Elections Code 6 b N 6 based:,upon;the last,equalized assessment roll of the ( ) ,Nominating petitions' for ' the '. : position � of ' T. 7, county corrected ''to reflect, in the case 'of transfers of ... commissioner: shall be ''in writing and .signed by voters g land,chose persons .who; as of the 45th .day prior to the .8 representing at least 10 percent of the assessed value of p 9 : land 'as shown by the last'equalized assessment roll. . ., 9' .,ejection; appear, as owners in the county, assessor's 10, (c) 'No voter shall�sign any more nominating petitions 10 records .which-the assessor will use to prepare the next ,11 than there are offices to be filled. 11 ensuing assessors roll. Those records shall be conclusive '. �:12: " (d) If,.on the 15th day prior to the date of the election 12 evidence of ownership and of the value of land so owned. 1.3 called by the board of supervisors, only.one person. has . 13 Where only:'a portion of a parcel of 'land has been 1 14 been 'nominated for, each position to. be filled.at that 14 transferred, and the,assessed value thereof and of the . 15.. election, an election. shall not 'be held and the board of_ 15. remaining parcel are not separately stated upon the roll, 16 supervisors shall appoint those nominated for the position ` 16 estimated assessed values therefor shall be made by the 17, c6 commissioner;, 17 county assessor and those estimates shall,for the purposes 18 (e) If an election is held, each voter shall have one 18 of.this section, be considered the value of the land. 19 vote for each one dollar ($1) in assessed valuation of land 19 If. more than one person' or entity are shown as the 20' .owned by the landowner. 20 owners of,record of a parcel of land,the county clerk shall 21 (f) .A majority of the votes cast shall be required to 21 ',apportion the voting rights.between the owners based 22 elect a commissioner; 22 upon the respective record interests in the land, and for 23 Sec.212. '. The first commission shall classify itself by lot 23' that purpose'.. ,the county clerk. may consider such 24. so that-two commissioners shall hold office until the last `L4 information.with respect thereto as the county clerk, 1 : 125 . Friday in November 1988, and,three commissioners shall 25 deems correct,,proper, and appropriate. 26' hold office until the last Friday in November 1990'. 26 Sec. 215. Every .. voter, or his or her legal 27 1 . . 27 representative,may vote at.any district election either in, 28 Article 3. Elections 28 person or by a person duly appointed as his or her proxy. 29 29 Sec. 216. ; No appointment of a proxy shall be valid, '30 Sec. 213. Eachv p voter shall have one vote for each 30. accepted or vote allowed thereon at any district election 31 dollar's worth of land to which he or she,holds title. The 31 unless 'it'meets'all of the following requirements: 32 last equalized assessment roll of the county is conclusive 32 (a) It is in writing. . 33 evidence of ownership and of-the value of the land so 33 (b). It is executed by the person or legal representative 34 owned. However; the commission may determine, by 34 of the person who,in accordance with Section 213 or 214, 35 'resolution, that the 'equalized assessment roll of the 35 is entitled to the votes for which the proxy is given. 36 county shall be corrected to reflect, in the case of 36 . (c) It is acknowledged or certified in accordance with 37 transfers of land, those persons who as of the 45th day 37 Section 2015.5 of the Code of Civil Procedure. 38 prior to the election appear as owners on the records of 38 1 (d) It specifies the election at which it is to be used.An. 39 the county. 39 appointment of a proxy shall be used only at the election 40 Sec. 214.' The commission may,by ordinance adopted 40 specified. I S1B,,151. —20— —21 — ' " SB 1517 I' (e) It shall be on a form as specified by the count 1 within the district is devoted to and developed for! '- 2 clerk as meeting the above requirements. y .2 .residential,industrial,or nonagricultural commercial use, 3 Every appointment of a proxy is revocable at the 3 or any combination thereof, the undersigned voters who 4 pleasure of the person executing it at any time before the. 4 reside within the boundaries of :the district hereby 5 person appointed as proxy has cast a ballot representing. �5 petition the board of commissioners thereof to hold all 6 the votes for which the appointment was given. 6 elections on the basis of a resident voter district'rather :7 Sec; 217. before a legal representative votes, at a 7. than a landowner voter district. 8, district election, the legal representative shall present to 8 - 9 . the precinct board a certified copy of his or her authority 9. Date; Signature Address 10 which shall be kept and. filed with the returns of the 10 11 election. 11 _ 12 12 13 Article 4. Alternative Method of Conducting 13 — 14 Elections 14 15 5 . 16 Sec. 220. The voting procedure within the district 16 ' IT shall be'changed from that of a landowner voter district 17 , ; Sec. 224. ; Each petition shall be signed and dated by . 18 . to that of a resident"voting district at' the time that the ..'18 resident'voters of the . district and shall show their 19 commission determines by a resolution adopted pursuant' 19i- residence address. to this article. 20 , Sec.225: Each page of the petition which contains the 221., ,Between January. l`. and ,March 30 of each 21 signature: of;,one.or more registered;voters shall show ,,year, the' 'secretary''of the district 'shall inspect , the 22 `thereon',the`.affidavit.of the, circulator in the following . 2.3' assessable area,within.the district: 23' form; At that time.where at least50 percent of the assessable 24; The .:undersigned -circulator:'of the above. ,petition ; 25: area.within the district is devoted to and developed for 25. hereby''.'' -clares under;"penalty r ofr;''.gerjury that the 42$. residential,industrial,.or nonagricultural commercial.use' '26: circulator of this petitionn was over the,age of 18 years,and 27 or any combination',thereof, that fact shall be certified to :27 that the'sigriatures hereon are the signature of the persons "2S ,the commission.by:the secretary 'of the,'.district. 28. Warned and ere signed in the presence of the circulate Any time after that certification, the resident voters . 29,� . 'Sec., 226. ' All signatures on the` petition shall b, ',registered to vote within the.district, may etition fora " '30' obtained ,'within the ;six-month' ieriod immediately 31J'. . y.P 31 change in the voting procedure from a landowner voter 31 ., preceding .tk►e filing thereof: 32,;district,'ta'a resident'voter district. 32 'Sec.227.:' 'The petition shall be.f led with the secretary ;Sec. 222.. The,petitiori-shall be.signed by not less.than : 33 of`the district at least six months prior to the date of the 34 `25-..resident.voters ;of the,district 'who represent not less 34 ' next: general district election.. Attached to the petition . ,35'''.than 25 percent,,'of tithe total number of resident voters of ' 35 shall be the„name and address 'of,at-least one, but not 36':;.;the district,. 36 more than-three, persons to.be notified of the results of 37.�`,; Sec. 223.° The' petition shall be substantially in the 37 : the,examination of the petition. . 38 '.following form: : he ;secretary of the. district, having 38 . Sec. 228. within 30 days of receipt by the secretary, 39 ,'previouslv'certified to the board of commissioners of the 39 the petition shall be transmitted to the registrar of voters 40;, ,,district that at least 50 percent of the, assessable area . 40, and verified as follows: Sfi.; 1.,�}• . _..22 } • 23- SB 1517 O g 1 offices' ;bonds,: ,or other ,purposes:shall be conducted 1' a There registrar of voters shall examine the si natures and.from the records of registration ascertain whether or 2. under ,laws' relating to resident voter't districts and all 3 not the petition.:is"'signed'by'-the,•requisite ;number 'of 3 provisions-o£ this article shall prevail over any contrary 4 ..registered voters. 4 provisidn r ;landowner voter 5 b T r i provisions;,-An, n, this act 'relating'. tp he. .eg stray,of voters'shall attach to the.petition -5 procedures.;�, , 6:;,`a certificate'showing the total.number,6f:valid signatures 6 Sec.'23C.- �f- commissioners' theroafter'lelected shall 7 � thero6q,.the total number of;registered-voters within the 7 be residenta'and qualified voters of the district at the time :.. 8 district as 'of� the date; of filin the etition , and ,a g g p ; '8 'of' their.election'and,Burin their,-term of office.. The. 9:.';deterrxiination as .to the'sufficiency of the petition. 9 commissioners 'need not'be landow ers:'s,, 10' °Sec: 229., If the number of signatures is not sufficient 40 Sec. 2� 5"'`At the .'first election' .of ;commissioners 11 a supplemental petition, bearing additional signatures, 11� following. ,the`.1'adoption of .the ! resolution by the 12 maybe filed with the,secretary of the, district within.10 12 commission ;establishing a resident voter: district, the 13 days' from the date. 'on which the registrar of 'voters :' . 13' ',nurnber'of icommissioners to be elected shall correspond 14 certified the. results, of ' the ' original ' petition.. The . 14 with the ntu bey of commmissioners whose•teims expire. 15.. supplemental .petition shall '.be verified in the same 15 The commissioners whose terms have not-expired shall 16, manner as the original petition. If the signatures.,on the '; 16' serve.their,iinexpired terms. under the qualifications to ':.17: :petition are still, insufficient,' no action shall be` taken IT hold office that existed prior to.,the adoption of the 1'$'-thereon'. 'The petition shall remain .on file as a public. '18 resolution 'establishing a resident voter district.' 19: record'and failure to secure sufficient signatures shall not 19 Sec. 236:t:'The'adoption of a resolution changing the 26' prejudice the.later filing of an entirely new'petition. 20. method of.voting shall in no way invalidate any prior acts ' 91 Sec.' 230. If :the petition 'contains',at :.least 25 valid 21' of the district, its commissioners, officers,'or employees.. 22.. `signatures and if the total.number of:valid signatures on 22 Sec:,237. Any bonds, promissory notes,'contracts, or 23:. the ,petition constitutes :25 percent or ,more of the, 23 other obligations of.the district, authorized or issued in registered voters within the-district as of the date of filing 24 any manner provided by law, and any proceedings taken . "lS the .petition; the"secretary sh •all prepare a.certificate to 25 by the district in connection therewith, prior to the '26 ; that effect. A copy of the certificate.shall be forwarded by 26 adoption of the resolution changing the method of voting, 27 .certified•mail to.each.person designated to be notified of 27 shall not be affected by that resolution and the obligations 28 the results of the examination of the petition. 28 shall,-,continue - to : be legally authorized or issued Sec. 231... At its next regular meeting ,following the : 29 : obligations.:' -preparation of the secretary's certificate, the commission 30. -31 shall adopt a resolution declaring that all future elections 31 Article 5. Establishing Divisions '32 in 'the.:district shall be conducted as a: resident voter 32 • `. "33 'district,rather than a landowner voter election. 33 Sec. 240.; The district may be divided into as many 34 Sec..232. 'The secretary of the district shall file with 34 divisions as there are commissioners-of the district. 35...the..county clerk a certified copy of the resolution. The 35 'The establishment of the divisions and the boundaries 36 secretary shall cause a copy of the resolution to be 36 ' thereof shall be made by the board of supervisors, which 37 published once a week for three successive weeks in a 37 shall snake that .division, if requested, by a resolution 38 newspaper of general circulation within the district. 38 passed by a majority of the commission or upon a petition 39 . Sec. 233. After adoption of the resolution by the 39 signed by :a majority of eligible voters within the 40 commission, all elections within the district for elective 40 boundaries of the district. The resolution or petition shall SB 1517, —24 a. — SB 1517 120 days ' 1 divisions may be, made without regard to the places of 1 be-filed with the board of supervisors at least S 2 before the next general district election: 2 residence o£:the commissioners then in office. 3 Before taking action on the,petitionor the 4 :` , Article.6. Officers and Employees t resolution requesting the establishment of divisions, the 5 51 board of supervisors shall hold a hearing and shall hear :. :6 any..'evidence produced to establish the validity 'of.the 6. 'Sec. 250.' "The;officers of the commission shall include 7. a resident,.,secretar , and treasurer, and may include a t°7 petition or resolution and any further evidence as maybe P y 8 necessary as:to divide:the district into divisions. 8 .:vice president: 9 Sec. 25I. The commission may consolidate the offices 9 Sec. 242. Within 10 days after the hearing,,the.board . 10 of, secretary and treasurer. 10. of supervisors,, if it, determines, that the resolution or ;, . , petition,- is` valid shall immediate) 11 ,Sec. 252. The duties of.the officers of the commission, - P y ' 'order the 12 and,any,standing committee thereof, shall be described w: 12 establishment of:divisions in the district as nearly equal �' , 13 in the administrative code of,the district. ".13 ;in area as may practicable and shall file,a,co.. Y:be P PY of the, ' 14 .order,with the commission. 14 Sec. 253.,'' The officers of the district may include all c 5 15 Sec. 243:, 'After the entry of the order establishing 15 the following: 16 divisions within.,the district, only one,commissioner shall ;'` '116. . (a) The.'ehief executive officer. ''-17 be elected from each of the divisions so established. : Y7' (b) The finance officer. 18. , (c) An attorney. Sec. '244. The'entry'o£the order-dividing the district 19 (d) A'chief engineer. 19 , into ;divisions'. shall not affect 'the term of any. 2Q Sec. 254;; All-officers and employees of the district „20 commissioner' with his or her term expires.` 21 `shall.be appointed,by the commission and serve at its 21.` Sec. 245,. A,t least 88 days prior to. the next general : .'pleasure when those positions are required to be filled 22 22. district election; the,board of supervisors shall 23 designate ,,.and,' shall: not be concurrently employed by the 'the divisions frorri which commissioners shall be-elected. .., landowner].developer;corporation.. "'24 The:!-,number,'';;designated shall 'equal.,'the; number' �of 25 'commissioners'to,be elected at that election'. At the next 25 Sec.";; 256.. . The .,commission, except as otherwise sucbeeding g eneral 'district election, the commissioners 26 specifically',provided,, shall manage and` conduct the " 27. business and,affairs of the district and may.delegate its "27 ''shall:be elected from the remaining divisions. 28 . powers to any officer or employee of the district. ` 28 Sec..'246: At the time the' district is established as a 29 Sec. 257. `The rules, responsibilities, and procedures .:'. 29'.-resident voter district and whenever thereafter sufficient . .30 ,for the officers of the district shall�be described in the °34' change in the'population occurs in the district which, in 31 administrative.code of the district and shall be exercised 31,:, the'discretion`,of the commission; makes it necessary'to 32 according to the'policies and standards established by the '. .� 32 relocate�the boundary or boundaries of any division`or P 33 divisions' the commission shall by resolution relocate the 33 ' .commission. '' '34 boundary ,lines .of .the division or divisions so as to 34 ;; Seca258.,,,.'All meetings of the commission shall be held 35 equalize, as nearly as may be practicable, the population 35 .and conducted pursuant to Chapter 9 (commencing with .'36, 'in the, respective divisions. However, no change in . 36 Section 54950) of Division 2 of Title 5 of the Government 37. Code. The commission may meet as frequently as is 37 division boundaries shall be made within four months. 38 necessary to satisfactorily, conduct the business of the 38 1himediately preceding the election of any commissioner, , 39 district, but shall meet no less than six times in any one 39, and no change shall work a forfeiture of the office.of any 40 calendar year.- . .. ;40 commissioner. The relocation of boundary � Iines ,of ' SB M a SB 1517 1 ;!,Sec. 259. Compensation' for. the,commissioners shall .1 another district, or any agency of the state or 'of the 2. be,fixed in the administrative code in an amount not to 2 'United States; except as otherwise provided in this act. . 3; `exceed one hundred dollars ($100) per day for each day's 3 Sec. 306. In order to carry out this act, the district or attendance.at:meetings'of the commission or for each 4 its,authorized representatives have the right of access to, 5 'day's service rendered as a commissioner by- request of 5 and may to the extent permitted by the laws and 6 . the commission, not to exceed,a total of six,days in any 6. Constitution-:.of the state, enter upon land within, the 7, calendar month,together with the reimbursement of any T . district. '. 8 expenses incurred in the performance of duties required 8 The ;`entry of the district or its authorized 9 or;authorized by the commission. 9 representatives-does not constitute,and does not give rise 10 10 to, any cause.of action in favor of the owners of the land, 11 'CHAPTER 3. GENERAL POWERS 11 except ; for ` injuries resulting from negligence, 12: 12. wantonness;!,or'malice. 15 Sec. 300.' 'The district has the power generally to 13 Sec. 307. The district may execute, by its president 14 ' perform all acts necessary or proper to carry out fully this 14 and secretary, all - contracts and other documents 15 act. .15 necessary to carry out the provisions of this act. 16 Sec. 301. , The commission may adopt a seal for the) 16 Sec. 308." The district may commence and maintain 17 district and alter, it at pleasure.'; 1 17 ' any actions and proceedings to carry out its, purpose or 18 . Sec. 302. The district may take by grant, purchase, 18 protect its; interests and may. defend any action or 19 gift, devise, lease, or otherwise acquire; hold, and enjoy 19 proceeding brought against it. 20 . and lease and dispose of, real and personal property of 20 Sec..309. ,. The district may disseminate information to 21, every kind within or outside of the district, necessary'to. 21 the public concerning the rights,properties, policies, and 22 the full or convenient exercise .of its powers: 22 activities,of the district. 23. Sec.303. t The district may exercise .,the power of 23 Sec. - .310.:.- The,.:`commission shall adopt . an 24 eminent domain''to acquire or,improve any property 24 administrative. code:for the district, which code shall 25 necessary or convenient.to the purposes specified in this 25 include, but.not.necessarily be limited to,,the following: 26, act. The district shall have no power of eminent domain 26 (.a). The organization of the commission;and the duties 27,. outside its boundaries. 27 of its officers and'committees. . 28 Sec.304. The district may issue bonds,borrow money, . 28 (b) ,The,,duties of;,and the extent and scope of 29 and.incur,indebtedness.as authorized by this act. . 29 .delegation of'authority to the chief executive.officer of 30 The district may' also refund an indebtedness as 30. ,the district, r' " 31 provided in this act or any other applicable law, and may . 31 (c) The;'rules and regulations�governing employee 32 also refund any indebtedness by the issuance of the same 32 ,standards, wages,`benefits, and'general duties. ' 33 type of obligations as'those refunded and.following the 33.' (d) The`.rules and regulations governing the use of 34 'same procedures as at that time may be applicable to the. 34 property; owned by, the district and -establishing the 35 issuance of those obligations,' and may retire any . . 35 conditions''under which the district will-engage`in and 36 indebtedness or.lien that may exist against.the district.or 36 .-maintain its services. 37 its property. 37 -(e)' The'manner in which the commission shall meet, 38 Sec: 305. ' As to any service which the district may 38 legislate, and generally conduct the business of the 39 perform pursuant to this act, the district may contract for 39 district: ,40 'the performance of that service with the county, the city, 40 , Sec. 311: The commission may adopt, by ordinance, 1 r SB 1511' —28— .-29— SB 1517 .. 1 rules and regulations to be incorporated into the 1 or private ,,,corporation, or . one or more or any 2 administrative code of the district, and may provide 2 combination thereof, for the purpose of carrying out any 3. therein the conditions and circumstances under which '3 of the powers_ of the district, <including, without _ the district shall furnish services or facilities to persons or 4 limitation, provisions for the financing of acquisitions, 5 ,lands.within or outside of the district or to carry out any 5 construction; developments, and operation. 6 other:provisions of this act, including.provisions for the 6 7 collection of fees, charges, assessments, and the method 7 CHAPTER'4..'. �RIETLANDS CONSERVATION AND STATE 8' of enforcement,, collection, and.,,'., penalties for .8 LANDS 9 noncompliance: 9' 10 Sec:'312. The rules and regulations may provide that 10 Article''1 `•,''ilestoration of.Wetlands and Transfer of 11•. the facilities or other services authorized by this act shall 11 !� Additional Lands. to`State ,12, not be furnished to (1) persons-who violate the rules and 12 13 regulations.or against.whom there are delinquent water, -13. : - ,gec.' 400 • The:district 'shall 'enter'into an agreern 14 .,;sewer, standby; facility,'or other charges, or penalties or ":' 14 with the State Lands•Commission andithe Departmen_ J1 interest on any of those charges'or (2).land against which 15 Fish-.• and Game, the! owners of-ariy lands within the 16 there is a delinquent assessment.` ; 16' district and `the:project proponents.to take any and all 17. .:,Sec.' 313. At least 30 days prior to.adopting the rules 17;'actions agreed upon to implement'wetlands restoration :',:18;r and,regulations, the commission"shall adopt a resolution 18 provide secure Funding sources for .wetlands restoratior. ,19 of intention,set a date,and give notice of'a public hearing 19': and maintenanceIin perpetuity, and to exercise all of it: `the proposed.;ordinance' establishing the "rules and 20', powers set forth in this act to ensure complete restoratior gulations.�The resolution and• the notice shall describe 21 � of the. 'wetlands by ; implementing the wetland: the.scope and nature of therules and regulations and 22 . restoration 'plan. in compliance with the certified Bols� "ill!23 - Indicate the penalty for violation thereof. 23 Chica.Local Coastal Program. : .;.,:24 "'Notice:shall be provided pursuant to Section 6061 of the 24 : Seca 406: 'If the state acquires ownership of additiona 25 `Government Code. In addition, the city•and the county 25 lands within the district, those lands shall be detache( 26 shall be provided with 10 days' written notice of any 26 from the district by the execution, acknowledgement '27 public hearings. 27 and recordation of a deed from'the owner to the state .. :Sec. 314. After the ,rules and regulations have been 28 The state shall notify the district,in writing, of thatla 1 ` 129 adopted-: and are in effect for-.60 ;days or more,.- any 29 and.file a'proposed deed with the district at the time !,,,-30,;; violation,thereof is a misdemeanor. . ; 30 notice: Upon receipt of that notice and deed, the distric ': Sec: 315. The district may enter into agreements with" 31 shall adopt a resolution setting forth the legal descriptioi 32. the United States for purposes of repayment of the 32: 'of, the )land :contained in the deed, after. execution 'M federal 'funds "to 'construct 'such improvements and 33 'confirining the fact,that the described lands are no longe 34 .'facilities as may be authorized,pursuant to federal, state, A P 34 within the,district: 35." and'local laws, and as described in the Water Resources 35, ' . ,;A certified copy of the resolution shall be filed with th, 36,- Development Act of 1986,and to operate and maintain in 36 local agency� formation commission`of the county, a 37- perpetuity the ocean entrance, waterways, and 37 which time the detachment shall be deemed complet, 38 associated facilities. 38 and all assessments, charges, taxes, fees, or liens, thereo, 39 :Sec. 316. The district may join with the United States 39 discharged."' 40' the'state, the county, the city, a district, or other public 40 Sec. 407. Upon acquisition of additional lands by th SB 1517 S�`1517: 30 31 apt 1 state'within the district, those lands shall be detached 1 and protected. } :from the.,district by, the recordation'of'a deed from the 2 +' 3 Article 3:;. ;State Joint Exercise of Powers with the : 3':`,,owned:,to the ',state. and all assessments, charges, ,liens, A`'�:'A 'taxes; .or fees thereon discharged. . 4 District 5 "6".'Article.2. Relationship Between Wetlands Restoration 6' Sec., 415. The,, State Lands `Commission, the. and Development., 7 Department of .Fish'-and Game,. and 'the district shall g . 8 enter into a joint,powers or other agreement for the joint 9"; Sec.A10. The'development. rights on the mesa area 9 exercise of powers relating to the respective parcels of 10 within .the : district shall be 'conditioned on the �10 property`within Bolsa Chica. 4:11 requirement that,as a condition of sale of each residential 11 The agreement may provide for, among other things, '12 ' unit by"the original builder of that unit,,the sum of one 12 the. _wetlands; the , allocation of money .and. revenue Y'13 , . thousand; eight hundred dollars ($1,800) . per.,dwelling 13 collected,from district and. state lands; the provision of ;;'r4 unit on:.`the .mesa. area is. deposited in the, district's 14 , services�by ;the:district to'benefit state lands; and the , .,w.etlands restoration .fund created. in. subdivision -(b) 'of 15 . operation and .maintenance of the harbor facility. 6 „ Section 700. : . .-16 'Sec.' .416. "'The', Department of Fish` and' Game, in 17 co,operation:wi,thi the State Lands Commission, and'the 17 'See:' 41 t - Prior. to' 'any development in the' wetlands 18" ,district shall annually adopt a budget .and management 18 ":located in,the district,a wetland area no less than one and 19 ram to implement the wetlands restoration plan. In . 19 one-half:dimes the size, of the wetland,area proposed for program p 20 development shall be restored, to a condition of high 20 addition 'and;'as.'an intergral part .of ,the'. budget, and '21 quality,and a wetland area no less than one and one-half 21 ;managera�ent program,detailed provisions shall be made: 22 times ;as large.- as the wetland area.'' proposed 'for 22 for the ongoing.maintenance and preservation'of a fully, 23, developrrment shall be created within.the'district: In no 23 functioning viable wetlands habitat and environmentally' 24 .'case shall;the final development area be less in size than 24 sensitive habitat area pursuant to the certified local 25 one-third of the final'wetland restoration area. 25 coastal program.., 26 Sec:'412. '" Where wetlands acreage above 852 acres, as 26 The parties'shall provide, in the agreement described 27., defined- 'in the .`December; 1985, Bolsa Chica Local. 27 in Section 415, the means by which funds shall be. )"28 '; Coastal Land.Use Plan, is to be restored, but land within 28 identified ,and: obtained from local and other sources, 29 the.designated wetlands restoration areas is unavailable,, 29 .including the wetlands conservation fund, to administer .','30 :interim onsite or,offsite restoration maybe accomplished 30 the wetlands', restoration plan and the' ongoing ' 31 with .a higher priority for onsite restoration. If interim 31 : maintenance program set out above in perpetuity. 32 , offsite restoration is,chosen, it shall be completed only if 32 33 all of the following exist: 33 Article,4. ' Abatement of Solid Wastes 34 (a) Two acres shall be restored for each acre lost. 34 35 (b)- At the earliest feasible opportunity, but in no case 35 Sec.420." For purposes of this chapter,the district may 36 ..later than the final phase of development, the restoration 36 acquire or lease equipment, construct appurtenances, .37 shall be completed onsite. 37 hire personnel, or enter into contracts with private 38 (c) Upon replacement of interim offsite restored 38 - persons or other governmental agencies,to abate, collect, 39' wetlands with the required onsite restored wetlands, the 39 and dispose of solid wastes, the presence of which 40 interim offsite wetlands shall be permanently maintained 40 threatens or potentially threatens the public health, I SB 1.517 —32— —33— SB 1517 1 wildlife, or the wildlife habitats in the district. regulations of the Orange County Flood Control District. '2 Sec. 421: .T'his article is'supplemental to state law and ' 2 3 local ordinances govering the control*and abatement of 3 CHAPTER 5. SMALL CRAFT HARBOR OPERATIONS 4 solid wastes by public health agencies, and any programs 4 5 or activities undertaken by the district or any rules and 5. . Sec.500. Jf an ocean entrance and harbor facilities are 6 regulations adopted pursuant to Section 311. 6. approved in accordance with applicable laws, the district 7 The purposes of this article shall be consistent with the 7 :may enter - into agreements or-,contracts to operate, 8 policies, programs, and rules and regulations'of any state g maintain, construct, or develop all, or any portion, of 9 or local agency having primary responsibility for the 9 these,facilities with any federal or:state agency, county, 10 , control or 'abatement of solid waste .,within,' .or ..11 immediately adjacent to, the district. 10 ,city; district,- or , any combination thereof, having 12 Sec. 422. For-purposes of this article, "solid wastes" 11 jurisdiction over or 'authority to. manage those ocean U. means all . putrescible ,and nonputrescible solid, 12 entrance and harbor'facilities..Nothing in this chapter 14 semi-solid and li quid wastes, including 13 requires any of the-Above governmental entities to ent( q g garbage, trash, 14 into agreements or contracts with the.district even if th-- 15 refuse, paper, : rubbish, ashes, industrial wastes, 15 governmental entities acknowledge and, agree that the 16 demolition and construction wastes, abandoned vehicles 16 operation- of the small craft ,harbor will involve the Y7. and' parts thereof, discarded ' home and industrial 17,: district and,private parties and that the activities of all 18 ,appliances, manure, vegetable or animal' solids, and 18 . involved parties shall be coordinated. 19 semi-solid, 'wastes, and other '. discarded solid and .20: ,semi-solid,wastes. 19, , Sec: 501. , ,The agreements or contracts entered into 21. 20 pursuant .to' Section 500 may authorize the district to 22 Article 5. Flood Control 21 acquire;construct,reconstruct,improve,repair,develop, 22 maintain, and operate, a harbor and all facilities 23 23 ` appurtenant thereto, connected therewith or incidental 24 „ Sec:- 425. ',The'purpose .of this article is to provide for 24 . thereto, including,'without limiting the generality of the 25 coordination with other governmental agencies having25 , foregoing, the following: 26 jurisdiction to control flood and storm waters, or runoff 26. .., (a) 'The. - acquisition, reconstruction, ' repair, and 27 from irrigation, commercial, and residential:. sources,. 27 maintenance of vehicle parking , areas, landscaping, . , 28 ' from.either within or outside of the district, that present 28, appurtenant ,utilities, bulkheads,,' seawalls, wharv( ` 29 a threat, potential threat, or .that would 'adversely affect . 29 docks,ways;ferry'slips;warehouses,streets,roads,drives, 30 wildlife, wildlife! habitat, or ,ecological balance of the 30 parkways avenues, approaches, marinas, aquatic 31' wetlands, or :the harbors,. waterways, or, public roads, 31 .; playgrounds,. beach parks, bathing beaches, and other 32 within-the district. 33 To theextentthat those oter .a� encies do not have 32 ,recreation_ facilities; �; together.��:with structures and g 33 facilities incidental,thereto.,�' , ..' 34 specific jurisdiction, or programs to.control or manage' 34 `�., (b) ,"the' acquisition, construction,, ,reconstruction, 35 ,those, 'flood,' storm, or runoff waters, the district' may, 35 repair, maintenance, operation; development, and 36 control'and manage those waters. . 36 ,regulation-of fueling, ',loading- .and.-;.unloading,- towing, 37' See. 426., In carrying out thin article, the district shall ' 37 'repairirig,'4 warehousing; shipping'''.and reshipping, and 1°38' give priority to the restoration, ienhancement, and 38 , other facilities,' aids, equipment,`or...property necessary, ' 39 maintenance of the wetlands, and shall cooperate with 39 for, or incidental to, the develop,merit and operation of 40 and comply.With.the ordinances, policies, and rules and 40 the harbor. :.. 111 \ 1 8R '1517 —34 — —35— SR 1517 1 (e) The': acquisition,' construction; reconstruction, ,1' to be exercised:in and about the harbor facilities and any 2' repair, maintenance, and operation of fire protection 2 ocean entrance.upon equal terms and the establishment . 3�. apparatus, and sanitary and other',facilities necessary for 3 and collection.of rates, fees, and charges therefor. Funds' 4 'the proper protection of the harbor:. 4' collected pursuant to this section shall first be utilized for. .5; ,(d) Adopt rules and'regulations for the use of harbor 5,: sand, replenishment purposes as specified in.Section 509. 6; facilities and the navigable ocean entrance. 6,; Sec. 505.: :The':district may. sell and.issue franchises ' 7" Sec: 502. Any, county; city;, -or,,; `;other, political 7 'relating to the. harbor: facilities and any.ocean entrance '`8,:subdivision or agency of the state,hereafter'referred to 8 and its works;''appurtenances, properties, and rights iin '9 '.as '.'Public',agency," which has been invested by grant, 9'. accordance with apy,procedure which may be prescribed:, 10'_ from the state with the ownership, possession, control;or . 10;, by ordinance: 1 management of tidelands and submerged lands .or an 11 ,' Sec: 506,; ';I"he. district may advertise its,,. advantages 12 ' other.lands,, lying under, washed 'by,' or abutting .,the `12.,,and solicit business within or outside the district,.within 14 bed�ofnavigable''Ocean, orinland waters of the state, including the gn:` es; through its ' 13 .',Qther ;states, or;any, foreign,..!countries, rive s, streams, lakes; bays, estuaries, 14 employees,,or, agents., 15. inlets;and straits;may,,with the'prior written consent of ' _ 15.' Sec:, 507 ;.,`;,For .the'ptirpose;of carrying. out fully this.: lfi the State`L:ands Commission, agree in writing that the +,:16,,� chapter, the. district array`enter into';an,agreement with.:: 17 ' district'shall, for the`term 'stated in the writing,have all. 17',.,the state :or ,the` county,,or both, for=.the'operation and:-'-, 18 or any right; title, and interests of the"public agency and: :18 maintenances;:;of ; any;. of: the ' facilities acquired, 19. exercise all or any jurisdiction of the public'agency in the `19 constructed;.. or .within.-the jurisdiction'°of".the district 20.;; lands over-the lands'or'any portion thereof. :20•, pursuant,to,t this i article,,including state, lands: ,; 21 �' Sec. :. 503. .L.',The:" district ma lease` an ro ert 21. Sec.,508. ,.: .,A1Lor"a portion of the,harbor'facilitiess and Y Y P P Y," 22: whether real or personal, and any interest therein to, of, ', 22.';the ,ocean ',entrances:may . be constructed- by. funds . 23!=:and from ;any, ,person,`.' firm; '''or public ,or private: 23 p'rovided', bye;the.",federal" government pursuant to the, 24 corporation, or public agency with the privilege of 24 Water Resources Development Actl of 1986: 25 purchasing,or otherwise. ;'25 Sec. 509. ' 'If an ocean entrance is authorized and M. .Sec. 504. Any,rules and regulations adopted by the 26 constructed .the district shall maintain the sand supply to 27 -:district for,,'the rise"of harbor facilities and any ocean 27 ;:the beaches''so that the mean high tide line does not 28'"entrance-, r'ay "include, but "are not '.limited to; the 28 retreat landward 'from the line., 'existing prior to ,`29 ::following:`; 29 construction 'of,ahe ocean entrance.' The district.shall 30. :.' , (a) The regulation of.anchoring, mooring, `towing, 30;:provide secure funding sources for,the maintenance of wharfage,.and dockage of vessels and the establishment 31 the sand supply to the beach prior to construction of an .�32 and collection of rates, fees,.and charges'therefor. 32 , ocean entrance., :. 33` (b)::The establishment and collection of rates,fees,and 34,.,' charges for, service from or use of any of, the facilities 34.1 CHAPTER,6. WATER AND SEWER FACILITIES '35s owned,.controlled;furnished, or operated by the district. 35 36' (c) The 'supervision of pilots'and the pilotage of all 36 :, :Article 1. General Provisions 37 `vessels' within the harbor facilities and any ocean 37 38 entrance and the establishment and collection of fees and 38 Sec. 600. :..The district shall' finance and construct 39 charges therefor.`:' 39 water and sewer facilities necessary for development.of 40: (d) The issuance of licenses and permits for privileges 40 the,property 'within the,district. o S� 1517 . —36 —37— SB 1517 1 Sec'. 601. At the time of connection of any residential'' t ' 1 necessary and proper'excavations,restoring the land 2 or commercial structure, improvement,,-or-1 group of 2 improvements to proper condition. . 3 "structures or improvements to� the , water -..or sewer 3 The work'of restoring and repairing,any,public street 4 systems acquired or 'constructed by ` the district,' the 4 in the district shall be,done under the supervision of the f'5 :,.districtshall dedicate and the city shall accept dedication 5'. city department of public works at cost to the.district and 6'. of,all,portions of the water and sewer systems'necessary 6 in accordance'with the standards established_by the city. 7 to provide'water and sewer service to those structures or 7 Sec. 628.f ,The district may:requir® any resident or 8 improvements. 8 property owner who desires: to have, any :structure i':9 Sec.,602.1 ,'Upon dedication of all,or any portion of the 9 connected la a district owned'or operated sewer system ;.. 10.�;water. and sewer system to the city, the city� shall 10 to pay a proportionate share of the cost,of that system if H thereafter provide water and sewer services on a uniform 11 the property upon which the structure is'located had not 12 'basis'without`discrimination to all,properties'-with water 12 been assessed,for.its share of the cost of the acquisition. 13 and.sewer connections on the dedicated portions. The, 13 construction, or installation of the sewer system or.tr 14 city.shall operate the system to.allow the nondedicated 14' landowner had,failed to pay.the assessment:' " ,15.'- portions' to serve. the project area in a timely , and 'J5 16, reasonable manner. . 16 .,.Article 3. Water Facilities .17 Sec. 603' The city may impose a water rate and"a 17 18.'sewer fee for the provision of water and sewer services to 18 Sec. 630. The district, may acquire, plan, construct, 19 'users within the district which will cover the cost to the . 19 maintain; improve; and repair the necessary'works for 20 city of.z providing those services, including a, reasonable 20 the production, storage; transmission, and distribution of .',21 :surcharge. 21. water for irrigation, domestic, industrial, and municipal 22 Sec. 604. At''the time of dedication of the,water or 22 purposes. 23. ,sewer systems to the city, a connection fee shall be paid 23 .Sec. 631. Any water'system designed and constructed. 24 in anamount specified by,applicable city ordinances. 24- by�the district'and any'improvements ithereto shall be ' 25 designed and constructed in accordance with the , 26 Article 2. Sewer Facilities-, 26 requirements' 'of the. 'city for the facilities, shall be . "' 27 compatible and connect with the existing systems within,\ 28 Sec. 620.. The district may acquire, construct, furnish, 28 the city, and shall.be approved by the city'engineer., 29: "maintain,. and repair facilities for the collection, 29 Sec. 632. The city shall supply and deliver water to, 30 transportation,,,treatment, and disposal: or reclamation 30 the area during the development stage of the project at 31 .and.reuse.�of sewage.,' + 31 a reasonable;charge for providing those services,�plus'a 32 Sec:'621. Any,sewer system designed and constructed 32 reasonable surcharge. .33::by the.district and any improvements thereto shall be .,34. designed and constructed in accordance with 'the 34 Article 4. " Alternative Provisions 35 requirements of the city for those facilities,, shall be 35 36 compatible and connect with the existing systems within 36 Seca 640. If the;city is.unable or refuses to;accept ,,37 the city, and shall be approved by the city engineer. 37 dedication of. the 'sewer service .or water system or 38', - Sec:',*,624. The:,district, may,construct its,7sewers in 38 provide services related thereto, until such time as the 39 . public streets or roads and in its rights-of-way and, for 39 city is� able or' consents to provide those services, the 40 " that purpose, may enter upon those lands and make all 40 district may 'contract with another agency for the SB 1517. —38— 39 5B 1517 1 :.services: If no'.such agency is available, the Aistrict may 11" Chapter'4- (commencing with Section 400). 2,' acquire, control, . distribute, and-sell sell. 'any water; 'and 2 (c)''A: wetlands >maintenance,. and operation fund �.x..., 3:; provide sewer service,for the beneficial use or uses of the 3,' which shall have'funding preference 'over any other a;4 :::.district'or-its inhabitants.The district,may.impose a water. 4 'funds specifically allocated for the purposes of Chapter 4 •i:; 5'•'rate,and a'service,fee for provision o£.water and sewer 5 (commencing with Section ^;..'i".r• 6 'services .within the district pursuant to 'this section. ` 6 (d} A federal cost-share' fund which 'shall consist of ,. 7:: Sec: 641, Any groundwater production activities of : 7' :money received,from,revenues:specifically allocated for .., .8 '.,the district shall ,be.undertaken in compliance 'with;the 8: the purposes `of Chapter 5''(commencing with Section 9 ,well registration, replenishment assessment, and basin: 9, 500 ' equity` limitation and assessment provisions of :the* ,.' ) 10 '� (e) A bond -redemption fund which :shall consist of 11 Orange :County Water District Act (Chapter.924 of the `: 11 moneyreceived from revenues specifically,allocated for 12:,.Statutes,of 1933). 12 the payment of interest and principal on any outstanding )13 ,,Sec: 642. The district shall not store water within the' '.13 - bonds of-the district.;;s. 14 . Orange.County groundwater basin,nor shall it undertake 14 (f) A' sand replenishment fund which shall consist of 15 ' any. ,groundwater replenishment or groundwater 15 money received ,from any source, including district lfi management,.,or regulation' functions without first - ; .16 'revenues, ' specifically allocated for the purposes of ? ` 17. securing the. consent;: by resolution, .of the governing' 17' Section-509. . 18 body of-the:Orange County .Water ,District to conduct ,18- " Sec. a 01:: On or`•before June 15 of each year, the ;�:•; 19 those. : groundwater.: . . .storage;: replenishment, , 19 commission shall adopt a preliminary budget which shall :.20 ;management, or regulation activities. 20 conform to the accounting procedures for special districts 21 Sec: . 643: The district 1 shall not: • sell, distribute, 21 and the'budgeting procedures for special districts of the •22 , transport; or, convey groundwater produced from the - :22 :.California Administrative Code. Copies of the 23 Orange County groundwater basin .,outside the 23 'preliminary budget shall be forwarded to the State Lands 24 ,boundaries of the Orange County,Water,District. 24 Commission and the Department of Fish and Game by 25 25 July 1 .of each year.: 26 CIiAPTER.7. FINANCIAL PROVISIONS 26 Sec. ',702. ,The., preliminary budget shall provide 27 : 27 appropriations. from'.the general fund, the wetlands Article 1. Annual Budget 28 conservation fund, the federal'cost fund, and the ; • 29 '29 redemption of any long- or short-term debts of the '30.•: Sec: 700. The commission shall annually provide°.'for 30 district: :. 31 the appropriation of money for the use of.the following 31 See,r,. 703.1 r By September 15 'of each year, the ``:.32 funds: .32 commission shall adopt the final budget. Copies of the 33 (a) A' general fund which .shall consist of money 33 final budget shall be ,forwarded to the State Lands 34 received by the district and not specifically appropriated - 34 Cornnaission,the-Department'of Fish and Game, the city, 35 to any other fund and may be:allocated for the operations 35;,and the courity.+ , r 36 and maintenance of district facilities or services not fully, 36 37 supported by any other fund. 37 -Article 2. Administration of Funds 38 (b) A wetlands restoration fund which shall consist of ' 38 39 money received from, any source,. including district + 39:- Sec: 710.; . The commission may-establish and transfer 40 revenues :.specifically' allocated for . the purposes of ;-40 money from the general fund to any other funds it deems 1 z a517 SIa _ .�41 — SB 1517 40— 1 , 1. Section 6066 of the Government Code, and specify necessary to carry out this act and allocate revenues to a 2 :.the.funds in lieu of allocatingthem to the general fund: 2 place and time; where the resolution and report of the 3 No revenues specifically allocated to the funds described 3 chief executive officer maybe seen by interested persons. 4 in 'subdivision (b), (c), or. (d) of Section 700 may be 4 Sec. 733. ` Prior to the hearing, the commission' s hall 5 transferred or allocated to any other fund. 5 determine the need to establish a zone or zones within 6 Sec. 711. The commission ma 6 the federal repayment district. Each zone for which an y, pursuant to Section ' 7., assessment shall be levied shall be established pursuant to 7 ,53653 of the Government Code, invest surplus money 8 available from an fund and may p Y 8 Article�2'(commencing with Section 810) of:Chapter 8 Y y pool money from two 9 : and referred'to as a participating zone. 9 or more funds for investment purposes. The , commission shall determine' the proportional 10, Sec. 712. 10 If the commission pools and invests money 11 . amount of the total assessment that shall be borne by each 11 from separate funds, a portion of the earnings received 12 participating "zone' based upon the benefits derived by 12 from investment shall be allocated to each fund, in 13 'the respective zones.' ; 13 proportion to the amount contributed. from'each fund'to' 14 the investment pool. 14'. '`It is declared' that; for purposes of any ass essmE 15 levied under:this article, the property so assessed within , 15 Sec.: 713. The .Treasurer shall', pursuant to 'Section ' t=',16 a.given zone is equally benefited. 16 53646 of the 'Government Code, annually rer' er,to the. ' 17--' Sec: 734.' :;At,the time and place fixed for the hearing, 17. commission a statement 'of investment policy 'and:shall,:':` 18 or;at.an time to which the hearing may be continued, . ;.k. . :18 provide a ,detailed monthly, report ,on all ,investinent's, Y 19 including the;types .of investments, the rate of earnings 19 ' the commi lion' . shell consider :all ...written or oral g 20 objections to'..:the proposed assessments: During the 20 of each;and,the distribution of investment earnin s. g 21 course;of the hearing;'the commission may establish new 21, Sec.'714. All. money ,in' custody: of,. the -district not 22 zones or;'eicclude established 'zones:from participation; ;'.22 otherwise invested shall''be' deposited- for, safekeeping. 2.3 ;may 'changethe_boundaries.of zones; or may reduce.or: 23 .pursuant:to Section 53635;of the ,C;overnment Code. 24 increase the amounts.to be assessed:within each .zone. ' 25 Article 3.', Federal Repayment, 25 Sec. .735. ; At 'the conclusion of the hearing, the Assessment ;. 26 abandon the levy ''of the',proposed . , comn'�ission� .may' .27 Sec. 730. Prior. to °the adoption. of the 27," assessments'.or approve them as originally proposed or as p preliminary 2g '; mended during the':course of the hearing. 28 budget each year, ,the: chief executive officer shall 29, re are o 29 Sec. 736: If the commission abandons the levy of i p p a. rep rt estimating the amount o£� money 30 proposed,:assessment's, no further proceedings related to 30,.needed for the purposes of-the federal cost-share fund. 31 assessments;'for the':federal .cost•share fund may be 31 Sec: 731. If' the commission determines that the 32 undertaken,`fora a period of not less than six"months money available in jhe federal cost-share fund ,is 33 following`thee conclusion of the hearing. 33 insufficient to'meet the amount estimated by 'the chief pp y executive officer, 34 . Seca,737.' If the commission 'approves the 'levy of the commission shall adopt a resolution 35 ' of intention to levy an assessment. within the, federal 35 assessments, no additional assessments related to the, 36 'repayment 36 '' federal cost-share fund*may be implemented for a period p yment district established pursuant to .Section 800. 37 of-not less thanone year following the effective date of 37 Sec:`732. The resolution of intention shall specify the 38 the levy of the first assessment. :38 amount of money needed to be,raised by assessment and �' ;39 establish a date; place, and time for .a public hearing. 3 39 ,Sec. 738.' 'Revenues generated through' assessments 40 Notice of the hearing shall be published pursuant to 40 ' levied pursuant to this article shall be deposited in the SB )7 42 —43 3B 1517 1 federal cost-share fund and shall be used for'the purposes 1 improverrient:district bonds,,and standby charges, shall 2 for`which that fund is established.` ".;,, 2 not exceed l'percent of the assessed-value of the property 3, Sec. 739: :'Assessments. levied,pursuant- to, this.article 3 within the,district, As established by.the latest equalized, 4 shall, be a lien'on all the property benefited thereby. 4 assessment rolls''.' ' 5 .Liens for those:assessments.shall'be of the same force.and 5 " Sec:'.7a5. l�otwathstanding any;other section of this. 6 ,effect as other liens for taxes, and their:collection may,be 6 act, the'.,'district r shall not impose `any fees, special ' 7 enforced� by�.the same means ,provided,- ':for R,in;:. the.' 7 assessments''assessments, or taxes.on oil or gas an place or ,8 enforcement of liens for,state and ,count , taxes.+ ',' Y 8 on 'the removal, processing, 'storage, 'or sale thereof. 9 ' Sec. 740.."-No assessments may be levied by the district' 9 : 10 on property outside ,district boundaries-'-,!,, ; +c' 10 Article 5; ,Rates,,Charges, and Fees 12 Article'4.;,,Improvement and Benefit Assessments,", ; 12 Sec. 760. 'q-The� district may, ir' lieu, or in whole or in 13 13 part,of raising money for district purposes by assessment; 14 Sec.750: ..'The�district may levy.assessments to finance 14 make water capacity+available to the holders of title of .i . 15 .:capital, improvementS pursuant to 'the ' Improvement` e.'occu ants:thereon and may fix and collect PP 15 land or th District Act' of'1911 (Division 7 ..(commencing with ` i'16- charges .therefore. The charges may include standby 17;.Section 5000).'of the:'Streets and highway. Code); the 17 charges' to-landowners to which water may. be made' 18 Improvement Bond:: Act ' of : 1915,E ',(Division,; 10 18 available whether the water is actually used or not. 19:: (commencing with Section 85�) of that code), and the 19 ' . The charges' may- vary in different months and . 20.,: .Municipal .Improvement 'Act" of -1913 (Division 12 20 different localities of the district to correspond to the.cost 21 .(commencing with Section 10000) of that code)!,; .' 21 and value of the service,and the district may use so much Sec`: 751: .,The district may levy 'benefit 'assessments 22 of the proceeds of the charges as may be needed to defray 23 pursuant to the Benefit Assessment Act of 1982 (Chapter. 23 the ordinary operation or maintenance expenses of the h. 24 6.1 , (commencing with Section 54703):� of Part::11 of 24 district and for any lawful district purpose. 25 . Division 2 of Title 5'of the Government;Code): 25 Sec. 761: The commission may fix, regulate, and 26 .,Sec. 752.,:' 'A.11 county officers charged with,the:duty of 26 collect rentals,fees,or charges for the parking of vehicles `27: collecting,::taxes shall. collect, . upon, ;request. of,s the 27 in parking°areas' under the district's control, `and may commission;..district assessments levied; pursuant:to;this ' 281 provide'rates for different classes of customers'or users. chapter,mith;'the general county taxes, vtiith the same 29. Sec. 765d Prior to fining or amending fees or charges �. 30 penalties and interest, and, when collected;-shall be,paid 30- for the patidng of vehicles, the commission shall adopt a 31 to the,:district:„ r 31 resolution of intention to do so, which resolution'shall '32'.; . .Sec::753: 'Assessments levied pursuant to 1this-article 32 establish-a date; time; and place for a public hearing no 33 ,shall be a lien on all of the property benefited-thereby. 33 sooner than 30 days after adoption''of-the resolution of ' 34 Liens for those assessments shall be of the same force,and 34 1 intention: ,35' effect:as other liens for taxes,.and the collection may be, 35 Notice of the hearing shall be provided pursuant to 36 enforced by the same. means as 'provided for, in� the 36 ' Section 6061 of the Government Code at least 15 days . 37 enforcement of liens for state and county taxes. 37 prior to the hearing.A place and time shall be established 38. ' Sec. 754. Annual assessments and financial obligations 38 for any interested person to review the proposed fees or 39 imposed pursuant to this act, including, but not limited 39 'charges the commission intends to fix. - 40 to, general , obligation bonds, revenue bonds,, 40' Sec. 766. • The proceeds,of the fees and charges for the SB 1; 1 —44-- —45— SB 1517 1 parking of vehicles shall be placed in the district's general 1 fund"and expended for the 1 maintenance, operation, .2 repair,and improvement of parking places under control .3 of the commission. 4 Sec, 767. . At .the end of: each fiscal year, the _5 commission shall direct the district's finance officer to .6 determine if.the proceeds of parking fees and charges 7: were in excess of the costs of ',normal operations, 8 maintenance, and repairs. 9 I£ the finance officer determines an excess exists, the 10.: commission shall transfer the amount of the excess from the general funds to the wetlands conservation fund to be 12 used thereafter for the purposes and duties of the district 13 ' as provided in Chapter .4 .(commencing with Section .14 Sec. 768.. The commission may fix and alter rates o£ r wharfage charges, slip fees, anchorage fees,` and other charges for: the use or right of use 'of any facilities constructed, owned by, or under. the control of, the district pursuant to this act. 20 Sec. 769. The commission may establish an annual surcharge, in addition to charges,and fees authorized by 22 Section 768,for use of district-owned facilities,whether or not those facilities are under, control of the district, a 24 ; lessee, or another governmental agency. Sec:: 770. Proceeds . from surcharges collected 26 pursuant to Section 769 shall be deposited in the wetlands 27 conservation fund or the federal .cost-share fund or the 28' ,sand replenishment fund for uses for,which those funds 29 are -.established by this act. The commission shall 30 determine annually the disposition of.the proceeds of -31 . surcharges prior to the adoption of the annual budget. 32 ".. Sec.,771. The commission may establish,a schedule of 33 ..;, charges, or�' fees pursuant to, ::and for any purpose 34 permitted by, Chapter 13 (commencing with Section 35 54990) .of Division 22 of Title 5 of the Government Code. 36 Sec. 772. The schedule for charges and fees shall be 37 adopted or amended annually prior to the adoption of the. 38 annual bud et and shall be considered at the time of the . . 39 g Article 6. Real Estate Transfer Tax or Fee hearing set for the'consideration;of the annual budget. 40 . --- _ 47-- SB 1517 SB 151 46 n 1 Sec. 774: The district may not 1 and administration of revenue , bonds and other y levy any form of real 2 miscellaneous, provisions of that Chapter 4, the same 2 ' estate'transfer tax or fee for any purpose associated with g 3 the�Bolsa Chica land development. 3 rights, powers, duties, and responsibilities of the board of " 4. 4 -directors of;a California water district. . 5 Article 7. Short-Term Borrowings' 5 ..Sec. ''.796. Improvement districts consisting of . .:6 6 contiguous or noncontiguous portions of the territory of 7 Sec... 790.' If .money is needed for the immediate 7'`,the'district;may be.formed, and bonds and warrants of . 8: requirements of the district in any fiscal year to pay 8 the district may be issued for.those improvement districts 9 obligations lawfully incurred and before receipt of 9 pursuant' to Chapter . 4.9 (commencing with Section '10' revenues for the fiscal year is sufficient to meet 10 36410), Chapter 5 (commencing with Section 36450),and Tl payments, money may be borrowed pursuant to Article 11 Chapter 6 (commencing with Section 36455) of Part 6 of 12 T (commencing with Section 53820) of Chapter 4 of Part 12 Division -13_of the Water Code. The commission shall 13- 1 of.Division 2 of Title 5 of the Government Code. 13 have,, with respect;to the formation of improvement. 14` 14 districts :and :the issuance of bonds therefor, 'the same 15- Article 8. Bonded Indebtedness g 15 rights, powers' duties, and responsibilities of the board of .16 c 16 directors of a California water district. , 17 Sec. 793. For'the purpose of issuing bonds, the district ` . 17 . Sec..797.° F'or the purpose of the levy. and collection of 18'':may exercise the authority and be subject to the .18 assessments and other provisions of law related thereto, 19 provisions and limitations of Chapter 2 (commencing . 19' the district shah be subject to the provisions,proceedings, 20. . with Section 35950) of Part 6 of Division 13 of the Water '20, and limitations .of Part 7 (commencing with Section 21 Code. The commission shall have with respect to the 21 .36550), of Division 13 0£the Water Code. The commission 22 issuance of bonds, the same rights, powers, duties, and 22 shall.have,.:with respect to assessments, the same rights, 23 responsibilities as the board of directors of a California . 23 powers;',duties, . and responsibilities of the .board of 24. water district. 24 .directors of a California water district: 25 Sec-794. For the purpose of issuing general obligation. 25 Sec. 798,.!- ,Prior: to the completion of:the, investigtion 26 bonds the district shall be subject to the authorization, : 26 by the District Securities Division of the State Treasurer's 27 ;limitation, and procedures of,Chapter 3 (commencing 27 'Office' 'uridertakent' pursuant to;: this ` article, the ' 28 with-Section 36150) or'Chapter 3.5 (commencing with 28 commission.�.shall by resolution' notify. the 'board of l29 Section 36250) of Part 6 of Division 18 of the.Water Code. 29' supervisors"that it'intends to provide for the issuance o£ 30. The commission shall have, with respect to the issuance, .30 bonds. The:resolution shall be accompanied. by. a report 31`: sale, redemption,,-an&other miscellaneous provisions 31 which describes ,the.plan of the project to be financed 32', pertaining to the', administration of general obligation 32 with the' proceeds of the bonds iti such detail .as the 33 bonds provided in that'Chapter3 or 3.5, the same rights, 33 county auditor-controller-may require and shall also be 34 f 'powers; . duties, and responsibilities of the board,' of 34 accompanied by such other' information as the 35 directors of a California water district. 35 auditor-controller may require, including a copy of any 36 -`Sec. 795. For the purpose of issuing revenue bonds 36 report available from the District Securities Division of " 37 ° the district shall be subject to the provisions, procedures, :, 37 .,the State :. Treasurer's Office concerning those 38 ' and limitations of Chapter 4 (commencing with, Section* . 38 proceedings. 39 36300) of Part 6 of Division 13 of the Water Code.-The 39 Sec. 799. . :.(a) No later than 120 days following receipt 40 ; commission shall have, with respect to the issuance, sale, 40 of the district's resolution of- intention, the board of SB 15 ) —48— --49-- SB 151 1 supervisors shall by resolution make findings regarding .1 revenues from an source, which revenues shall be 2 the following: g . g g Y 2 ' allocated for deposit in the federal cost-share fund and . 3 (1) .The extent to which the facilities or works to be - 3 used for the purposes for which that fund is established 4 acquired or constructed with the proceeds of the bonds 4.. by this act. 5 'are needed to accomplish the purposes of the certified 5 ' Sec: 801.' The federal repayment district may consist .6 Bolsa Chica Local Coastal Program and are in compliance , 6 of'separate zones of benefit established ursuant to 7 with the limitations and conditions of that program: 7 Article 2:(commencing.with Section 810). . 8 - : :(2) That the,�amount of bonds to be'issued ,does.not 8 The..types:and.levels of assess�ents or charges levied 9 exceed-1 percent of the assessed'value of the lands within `9 within each'zone shall'be; s 'n ear-as;is practical, related. 10, the district,' based upon the, coup 's latest 'e equalized 101 to the benefjts.reeeived within'dach;zone-.The type and tY , : . , . . q � , 11 assessment,rolls. ," h 11 'level''of assessment or c arge,;;shall'.lid uniform within �12 (3) That the proceeds of the bonds shall not be used to 12 each zond. 13. acquire or construct works or facilities that under general 13 Sec. 802: 'Zones-of benefit formed for purposes'of th- 14 country ' "or city '' guidelines and standards are a 14 article shall bey established, 1 altered; or.. dissolved 15 responsibility. of the, landowners or' developers, as' ' 15 -,provided in1:Article '2.,(commencing with Section '810) 16 '_provided for in the development agreement. P ": 16: xcept that no zone established as provided in thisarticle 17 ` +,.:(b) No bonds shall be'issued'prior to,the adoption.of P 17 shall be altered or dissolved so as to impede,or hinder the 18;f an affirn'iative finding on each of'the issues sett forth in 8 district from fulfilling its obligations"or responsibilities as 19 subdivision (a)' `and the- board of supervisors concludes 19 , a party Ao`'.any agreement_ entered into pursuant to 20 .'thatahe,issuance�ism the.public interest.A certified copy 20, Section 500. 21..of the board of supervisors',resolution shall be filed with, 21 22 ..the clerk of'the .district, .the City Clerk of the City of 22 Article 2. ' •Zones of'Benefit -.23 Huntington Beach; and -the Chief of: th : ,.. a District � � ' 23 i;24 Securities Division of the State Treasurer's Office within '24 Sec. 810. ': The district may-establish zones of benefit ,25 -t.he "120-day.period specified in subdivision (a). 25 within any portion of the territory of the district. The 26 zones may be''established, providing the commission 27. CHAPTER 8, . FEDERAL REPAYMENT WETLANDS 27 makes either of the following findings: 28.. RESTORATION,'AND'BEACH MAINTENANCE DISTRICT 28 (a) The 'land •or inhabitants within the zone V" I 29.1 -,!,ZONES OF BENEFIT; AND IMPROVEMENT DISTRICTS 29 receive special benefit from the services or progra 30 provided within the zone or that special circumstances Article 1. Federal Repayment District 31 require the district to extend a service or a higher level 33 Sec. 800. 32 .of service to the, area of the zone, than that which is If the district enters into an agreement to 33 required in other portions of the district. `obtain :'funds to construct, operate, and 'maintain a 34 (b) The land or inhabitants of the zone may be subject 35 navigable ocean entrance and related facilities pursuant 35 to additional charges or assessments for the services of 36, to Section 500,, it may , establish a federal 'project 36 programs extended to the zone or for services which are 37 repayment district within all or a portion of the district 37 provided at a higher level than in other `areas of the 38 to re a .al ifed eral cost s as agreed to by the parties to the 38 district. 39,:'agreement, 39 Sec. 811. Upon making findings' pursuant to Section. .40.: That,district shall consist' of lands that will generate 40 810, the district may adopt a resolution of intention tc C x --50-- 51-- S� 1517 y: 1 form'a zone and'to set a date 'time and place for hearing 1 ' assessor. . .: , :2:::on:.the .resolution. Notice of hearing shall be provided 2 Seca 817: :.'At..any time prior to the conclusion 'of the . tti •; nt to, Section 6066 of theGovernment Code. 3" hearing, the"'district may include -or''exclude territory ;.' 4: Sec. •$12. Prior to :the adoption of a resolution of 4'. from the'proposed zone. If more territory is included,the 5• ,intention; ,the district shall :direct the chief executive 5 district shall continue the hearing for a period of time 0 :k,6 _.officer;:.; to; prepare, a report describing the ' area 6' sufficient,for residents or owners of land within the added r':7 . recommended.for:•inclusion in the zone, .the programs, 7 territory to file protests as provided in Section 814.'" 8 improvements, or,.services to be undertaken, and an 8 -Sec. 818. :. 'A majority protest shall be deemed to exist estimate. of the amount of cost thereof:',The report shall, � g if the district'finds that protests filed'and not withdrawn `:�10" include=an analysis,of the,method or alternative methods 'f, �� 10 prior to the conclusion of the second hearing represents 11 by which funds shall be provided for those programs, '�;• 11 either of the following: g'I' '12 . improvements; 'or services, and the,amount,to be borne ¢' 12 (a) More than 50 percent of the voting power of the .13 by each of the.inhabitants or•landowners within the zone., ' ° 13: 'resident voters residing within the proposed zone. a 14 Sec. ' Upon. acceptance of the chief executive r 14 " (b) More than 50 percent of the assessed value of the , 15." officer's report s and : adoption'. .,of the., resolution of �.' zone. 15 land within the proposed zo e „'', 16. ,intention, copies of the:report shall be made available to 16` Sec.-819. If the district finds that,a majority protest 17 any resident or-property.owner within the proposed zone ` 17 exists,the proposal to establish a zone shall be abandoned 18 and to any,other, person upon written.request. 18'., and no 'new "proposal: to " form :..a' 'zone, " including 19' Sec..814.. No:sooner than 35 days or later than 70 days 19 substantially the same purposes; shall be considered by' 20 ,after the .adoption of the resolution of intention, the 20, the district for a period of two years following'the date of 21' ;district shall hold a hearing and consider'protests to the• 21 the conclusion of the hearing.' 4 formation of,the'zone. Any ,time prior:.to the conclusion 22 ' If a majority protest'has not been filed, the district, 23':.`of the hearing,:any.resident voter or landowners.within 23 "within 35 'days of the conclusion of the; hearing, shall 24 :, the. district may file, a written protest or, withdraw 'a 24 adopt: a resolution approving : or " " disapproving 25 protest previously,filed. 25 establishment of the proposed zone."` 26" - .:Sec:815. A protest by a resident voter shall contain his a 26 Sec. ,820. Any proposal to include territory to, or '.27,`' or•her signature and 'an• address sufficient to enable the. 27 :exclude territory from,a zone shall be subject to the same 28',,place.", of,residence. to .be 'ascertained.• A protest by ,a 1 28 .provisions and-proceedings as a proposal to establish a 29' landowner.,,shall;.contain his or her' signature and •a g. 29 zone, except for"both of the following: ,30, description'of,the land owned sufficient to identify the 30 (a)' In addition to considering and weighing protests ` 31r land.,A.publie'agency owning land "within the zone-shall- 31' from residents' or property owners' of 'the land to be 32 be i deemed,a,landowner for the purpose of making a 32 ` included or excluded 'the district shall also consider and 33 written protest. : • 33 weigh the, protests of residents and property "owners 34, Sec..816. For protests signed by a resident voter, the 34 . within the zone to or from which the territory is proposed" 35 "secretary of the district shall compare the names' of the 35 to be included or excluded. 36 signers against the list of registered voters in the office of 36 (b) If the'-district finds that a majority protest exists 37 the. county registrar of voters. For protests signed by 37 within either the territory or the affected zone or'the 38 , landowners,.the secretary of the district shall compare 38 territory to be included or excluded, the proposed 39. the names and property descriptions on the protest 39 inclusion or exclusion shall be abandoned.The absence or 40 against the property ownership'records of the county 40 existence of a majority protest shall be determined as SB 1517 -52— . 4 1 provided in Section 809. ! `� 2 If a majority protest does: not exist, the district shall 3 adopt a resolution approving or disapproving inclusion or 4 exclusion. 5 Sec. 821. Any proposal to dissolve a zone shall be r; 6 subject to the same proceedings provided for in this w ' 7 article to establish a zone. 8 Sec. 822. A'proposal to establish, dissolve,' or include 9 or exclude territory from a zone may be .initiated by a ' \ g_ 10 petition.containing the signatures of'not less than 25 - 11 percent of the registered voters or landowners 12 representing not less than 25 percent of the assessed 13 value of the territory which would be' affected by the 14 proposal. $; 15 Sec. 823. The secretary of the district, in determining 16 the sufficiency of a petition filed pursuant to Section 813, 17 shall follow the same procedure for evaluating protests as a: ' 18 provided by this chapter. Upon certification by the 19 secretary that a petition is sufficient, the district shall 20 undertake proceedings provided for.by this chapter. 21 22 CHAPTER 9. MISCELLANEOUS 23 , 24 Sec: 900. No reimbursement is required by this act ' 25 pursuant to Section 6 of Article XIII B of the California' #{ 26 Constitution because this act is in accordance,with the r 27 request of a local agency or school district which desired. r; 28 legislative authority to carry out the program specified in 29 this act and' because the other, costs which may be 30 incurred. by a local agency or school district will be . 31 incurred ' because this act creates a new' crime or 32- infraction,changes the definition of a crime or infraction, 33 changes the penalty for a crime or. infraction, or 34 eliminates a crime or infraction. x 0 ;_ REQUEST FOR CITY COUNCIL ACTION RCA 87-5 July 24 , 1987 Date Submitted to: Honorable Mayor and City Council Members Submitted by: Charles W. 'Thompson, City Administrator Prepared by: Richard Barnard, Assistant to the City Administrator and Jim Palin, Deputy City Administrator/1-oning Administrator Subject: PROPOSED AMENDMENTS TO SB 1517 (Bergeson) Consistent%o ith Council Policy? ( ] Yes [ j New Policy or Exception Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: __ Statement of Issue :he city has received a number of proposed amendments to SB 1517 (Bergeson) [See Exhibits B & C]. These amendments have been reviewed by city staff and outside legal counsel, Katherine, Stone and Jerry Patterson. We wish to discuss with the City Council these amendrr3ents for the purpose of receiving Council's direction. Recommended Action 1. Authorize the Mayor to transmit a letter to Senator ilarian Bergeson requesting inclusion into SB 1517 as author amendments the amendments outlined in Exhibit A and technical amendments that are marked "OK" in Exhibit B. Analysis the city staff legislative team, the Mayor's Committee, and outside counsel have been mcjnitoring and inputting city concerns and positions to Senator Bergeson, appropriate legislative cornmittees, and state agencies over the past six months. During this time, a substantial number of amendments to SB 1517 have been incorporated into the proposed legislation with the cooperation of Senator Bergeson. These amendments have strengthened the city's position. The latest version of SB 1517, dated June 9, 1987, cleared the Senate and is currently in the Assembly. The City has taken a position of support regarding the bill as currently written. SB 1517 was originally scheduled to be heard before the Assembly Natural Resources Committee on July 13, 1987, but was postponed until August 17, 1987. The postponement was needed in order to allow sufficient time to adequately review a large number of proposed amendments (See Exhibit B & C) that had been developed by Signal Landmark and State agencies. Many of the changes are simply technical cleanups. However, there are a number of proposed amendments that have required further discussion between the city and Signal Landmark before the city staff could recommend the amendments to the City Council. This discussion is ongoing. Some consensus has been reached, and the city staff is now recommending to the Council that the language that is presented in Exhibit A be approved by the Council and transmitted to Senator Bergeson for inclusion into SB 1517. It is important at this time to forward the Council's recommended amendments to Senator Bergeson to provide sufficient time to have them incorporated in the Senate Bill for the August 17, 1987, hearing before the Assembly Natural Resources Committee and to provide time for other state agencies and Signal Landmark to review the proposed changes. There have been recent indications that additional amendments will be discussed this week (July 27-31). if further amendments are to be recommended, we will present them to Council at the August 3, 1987, meeting for their approval and authorization for transmittal to Senator Bergeson. On August 17, 1987, it will be necessary for the Mayor, city negotiating team, and outside counsel to once again go to Sacramento to represent the city's interest before the Assembly Natural Resources Committee. Funding Source No funds are required at this time. Alternative Actions 1. Upon reviewing the proposed amendments, Council may change or modify the amendments as proposed. 2. Council may add additional proposed amendments for transmission to Senator Bergeson. 3. Council may request that SB 1517 be made a two year bill. Attachments 1. SB 1517 (Bergeson) Bill dated June 9, 1987. 2. Exhibit A - significant amendments to SB 1517 as recommended by staff. 3. Exhibit B - Technical changes to SB 1517 which have been reviewed by City staff and special counsel and are recommended for transmittal to Senator Bergeson. 4. Exhibit C - Letter dated July 7, 1987 to Senator Marian Bergeson outlining city staff's position regarding seventy-two amendments as were proposed by Signal Landmark for consideration .at the July 13, 1987, Assembly Natural Resources Committee which was postponed until August 17, 1987. CWT:JP:RB/paj 2781a �;IBIT C _ �• City of Huntin ton Beach Y z=' = 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY ADMINISTRATOR '17� July 7 , 1987 Honorable Marian Bergeson California State Senate State Capitol Sacramento, California 95614 RE : SB 1517 as amended in Senate ..'une 9, 1.987 Dear Senator Bergeson : rCiri' Staff members, Rich Barnard, Jim Palin, and Bob Sangster and the city ' s special counsel Katherine Stone, and Jerry Patterson reviewed -some 72 proposed amendments to SB 1517 delivered to us t��Ionday, July 6 , 1967, by Russ Behrens, Signal ' s reuresen"_az: . ve, a c, inv of which we have numbered Exhibit 1 . f_s- you know, City Council action is required before the, city can a _ee to any substantive changes .in the bill. These proposed amendments were delivered too late for the City Council to act p!-ic.l. to the hearing of the Assembly Natural Resources Committee schect:'E-u • for July 13, 1967 . Further , the "eleventh hour " delivery of the7_= rrQpoSalS has given the city no time to discuss them; in depth w_ t.- representatives of the landowner/developer Signal Landmark . Ther are a number of language problems that might be cleared up with adequate time, but Signal cancelled its meeting with us toray and is unavailable to review the changes in time for the Assembly, de.a-d1 :ne . In the short time available to us , staff and special counsel have analyzed the proposals. This analysis was difficult , because the amendments were unnumbered ( we have numbered them in sequence) and no line numbers in the bill are referenced . ;e have divided the proposed amendments into the following two categories : 1 . Technical amendments that are acceptable , which include numbers 2 , 3 , 4 , 5, 8 , 9 , 10 , 11 , 12 , 13, 14 , 15 , 16 ( as amended ) , 17 , 18 , 19; 20, 21 , 22 , 24 , 25, 32 , 44 , 45-48, 49 , 50 , 51_, 52-55, 56-56, 61 , 62, 63, 65, 66 ( as amended ) , 67, 68, 69, 711 & 72 . It is our understanding that these amendments include all of -the language changes suggested by the State Lands Commission staff . (Exhibit 2 ) 2 . Substantive amendments that the City of Huntington Beach finds strongly objectionable include numbers 1 , 6 , 7 , 23, 26, 27--29, 30, 31 , 33, 34-43, 59, 60, 64 and 70 ( Exhibit 3 ) . = _ Telephone. (714) 536-5202 Senator Marian Bergeson ( SB 1517 ) July 7, 1987 Fade 2 With respect to Chapter 5, Section 509 , concerning the maintenance of the sand supply to the beaches , we request that our special counsel approve any changes to that section. Ms. Stone has reviewed the current proposal and finds that it does not adequately address the city' s concerns for maintenance of the sand supply. It does not protect the downcoast beaches since it is limited to the Bolsa Chica study area. It purports to impose the obligations on the federal sand replenishment program, and only obligates the developer to "participate" in the program. It doe-s not deal with obligations for sand replenishment if the federal program is insufficient . Additionally, we wish to point out that we continue to object to the . amendments inserted in the Senate ' s June 9 Natural Resources ' Committee hearing concerning benefits to mineral rights found in Chapter 1 , Article 1 , Section 3, Page 4 , lines 3-7 . We would like this lanauaae deleted from the bill . Finally, we acree with the proposal to require a four-fifths vote for- authorization of all financial commitments made by the district . Additionally , we wish to update you on the status of efforts to arrive at a development./annexation agreement . Our special counsel has prepared a draft and we have been meeting regularly with representatives from Signal and the County of Orange . We expect to have a draft for Signal ' s signature by the end of .'Uly . Since , Charles W. Thompson, City Administrator cc : YHonorable Mayor and City. Council Harriett Wieder , Supervisor 2nd District Connie _Barker , Esq . , League of California Cities Jeff Holm, Signal Landmark Corp. Robert Fisher , County of Orange \'Gail Hutton, City Attorney Russ Behrens, Special Counsel to Signal Landmark Corp. CWT:paj AMENDMENTS TO SB 1517 N® AMENDMENT NO. / Chapter 1. Article 1 , Section 2 . After 11 (3) 11 , delete "preparation of a Huntington Harbor connection channel plan. " l AMENDMENT NO. - . Chapter 1 , Article 1 , Section 2 . After the word "between and before "certification" , insert the work "condittional" . r AM END ME —NT NO. -- Chapter 1 , Article 1 , Section 2 . _ After the word "the" and before "landowner" , insert "major" . AMENDMENT NO. -- Chanter 1 Article 1 Section 2 . After the word "Signal" and before "a" , delete "Properties" and insert "Bolsa Corporation" . AMENDMENT NO. u Chanter 1 Article 1 , Section 2 . After the word "Section" and before "of" , insert 1130237" . AMENDMEN-T NO. -- Chapter 1 , Article 1 , Section 4 . ' Ay After the word "preempt" and before "the" del e words "or otherwise interfere with" , and insert -he County of Orang� e ��� between "Huntington Beach" and "the State Lan3s Further, in the second paragraph, delete the balance of the sentence aafterr the words "Public Resources Code" . Nfl AMENDMENT N0./---- ^ Chanter 1 Article- 1 , Section 4 . After the word "provide" and before _"environmental" , delete the words "a level of" . 1 AMENDMENT NO. Chapter 1 , Article 2 (d) . After the word "within" and before "the" , insert the words "or excluded from" . AMENDMENT- NO. Chapter 1 , Article 2 (d) . After the word "of" and before "at" delete "its lands with the district" and insert "those lands". AMENDMENT NO. Chapter 1 , Article 2 (d) . After the word "are" and before "within" , insert "included" AMENDMENT NO. j Chapter 1 , Article 2 (d) . After the word "within" and before "the" , insert "or excluded from" . / AMENDMENT NO. �� GiY Chanter 1 Article 2 (d) . After the word "incc--poration" and before "shall" , insert "or detachment" . AMENDMENT NO. Chanter 1 , Article 2 (d) . After the words "shall be complete" , insert the words "If the state acquires lands within the district, all assessments, charges, taxes, fees, or liens thereon shall be discharged by, the district. " ' `l AMENDMENT NO. / V/Chapter 1 , Article 3 , Section 105 . Before the word "means" , delete "Commission" and insert "Harbor Commission" . 2 AMENDMENT NO. . Chapter 1 Article 3 . Section 115. After the word "area" , insert the words "and is known as the Orange County Local Coastal Program, North Coast Planning Unit, Bolsa Chica Segment.- AMENDMENT NO. Chapter 1 , Article 3 . ;t � Add "Sec. 115. 5. ` Land Use Plan Study Area' means those y�N'r lands contained within the Bolsa Chica Study Area means morose „d* nr 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 purpose. " AMENDMENT NO. Chapter 1 , Article 3 , Section 118 . 5 . After the word "line" and before "as" , delete bordered on the north by Warner Avenue and Los Patos Avenue, on the east by the district boundary, on the south by the Wintersburg Flood -Control Channel, and on the west by the Pacific Coast Highway" and insert "as illustrated in Exhibit 27 of the Bolsa Chica LUP and referred to as the Bolsa Chica mesa, upper and lower benches. " AMENDMENT N0. Chapter 3 . Article 3 , Section 120. Ater the word "includes" and before "all" , insert. "any and" . AMENDMENT NO. f Chapter 1 , Article 3 . Add "Seca 120. 5. `State -Lands Commission' means the state agency holding title to and management authority and responsibility over the state's public trust lands. " AMENDMENT NO. Chapter 1 , Article 3 , Section 122 . After 111976" and before "serving" delete "of" . and insert "including,. but not limited to, " 3 AMENDMENT NO. 42L Chapter -1 , Article 4 Section 140 . After the word "to" and before "all" , delete "achieve" and insert "coordinate" . AMENDMENT NO. Chapter 1 Article 4 Section 140 (b) . After the word "federal" and before "cost" , delete "loan" . AMENDMENT NO. A/0 Chapter 1 Article 4 , Section 140 (b) . After the word "the" and before "waterways" , delete Naval weapons station and" . AMENDMENT NO. p� Chapter 1 , Article 4 , Section 142 . After the word "the" and before "determines" , delete "state°' and insert "State Lands Commission" . AMENDMENT NO. U Y Chanter 1, Article 4 , Section 144 . J After the words "with the public trust" , insert "as determined by the State Lands Commission. " M� AMENDMENT NO. Chapter 1 , Article 4 , Section 145. After the word "city" , delete the words "prior to tentative approval of any subdivision maps. " v AMENDMENT NO. Chapter 1 , Article 4 , -Section 148. After the word "this" and before "shall" , delete "act" and. insert "district" . p AMENDMENT N0. Chapter 1 , Article 4 , Section 148 . After the word "operative" and before "the" , delete ".unless" and insert "until" . 4 �O AMENDMENT NO. `J74— Chapter 1 Article 4 Section. 148 . After the word "certified" , delete "and the city's certified local coastal program has been amended, if necessary, to conform to the county's certified program. " AMENDMENT NO. N Chapter 1 , Article 4 , Section 1491 , Article 4 , Section 149 . After the word "this" and before "shall" , delete "act" and insert "district" . �/� AMENDMENT NO. (Y Chanter 1 , Article 4 , Section 149 . After the word "Code" , add "If such agreement has not been entered by such date, then the landowner-developer and the county may" enter into such an agreement with provisions to facilitate annexation to the city. " AMENDMENT NO. Chapter 1 , Article 5 , Section 150 . After the word "state" , insert "unless expressly so stated. " t/J AMENDMENT 140. Chapter 1 Article 5 Section 150. 5. Delete. (Redundant to Section 4 . ) AMENDMENT NO. ,�T Chapter 1 , Article 5 , Section 1571 , Article 5 , Section 157 . After the word "and" and before "landowner/developer" , insert "the major" . AMENDMENT NO. NO Chapter 1 , Article 5 , Section 157 . After the word "annexation" and before "the" , insert "this act provides for" . _ 5 N� AMENDMENT NO. Chapter 1 , Article 5, Section 157 . After the word "annexation" and before "landowners" , delete - "the" and delete. "s" from the word "landowners" . AMENDMENT NO. - - /v Chapter 1 , Article 5, Section 157 . Delete "the" -before the word "city" . ') AMENDMENT NO. C� Chapter 1 , Article 5, Section 157 . Delete "and the" before the word "county" . AMENDMENT NO. Chapter 1, Article 5 , Section 157 . After the word "county" , insert " , state and district" . V C) AMENDMENT NO. I Chanter 1 , Article 5 , Section 157 . After the word- "county' and before the word "agreements" , delete the words "may enter into" . AMENDMENT NO. TT" Chapter 1 Article 5 Section 157 . _ After the words "Section 66413 of the Government Code" , insert the words " and wetlands agreements as set forth in Section 415 of this act. " AMENDMENT NO. V J21— Chanter 1 Article 5 Section 157 . After the words "After annexation" and before "the" , insert "certain municipal powers of the district are terminated as _ provided herein, however, " . 6 AMENDMENT NO. Chapter 1 , Article 5 , Section 157 . After the words "powers" and before "funding" delete "concerning" and insert "as set forth herein, in the annexed area including" . AMENDMENT NO. Chapter 2 , Article 1 . Section 210 . Delete "Upon annexation, the district shall be governed by the City Council of the City of Huntington Beach. " AMENDMENT NO. � Chapter 2 Article 6 Section 254 . After the word "by" and before "landowner/developer" ,delete the word "the" and insert the word "any," . AMENDMENT NO. Chapter 2 , Article 6 , Section 254 . Delete the "-" between "landowner" and ".developer" and insert a .-�NDMENT NO. 'J / C:�apter 2 Article 6 Section 254 3 After the word "developer" and before the word "corporation, insert "or" . AMENDMENT NO. Chapter 2 Article 6 Section 254 After the word "corporation" , insert the words "in the district" . AMENDMENT NO. Chanter 3 , Section 303 . After the word "any" and before "property_" , insert "Private" . AMENDMENT NO. 50 jpll*�Chapter 3 , Section 316. After the word. "district" , delete "including, without limitation, provisions for the financing of acquisitions, construction, - developments, and operation. " AMENDMENT NO. Chapter 4 , ' Article 1 . Add "Sec. 405. The parties shall provide, in the agreement described in Section 400, 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 plan and the ongoing maintenance program set out above in perpetuity. " AMENDMEENT NO. 5,2— Chanter 4 Article 1 , Section 406 . After the word "lands" and before "be" , delete "shall" and insert "may" . AMENDMENT NO. Chanter 4 Article 1 Section 406. After the word "detached" and. before "the" , insert "or incorporated into" . AMENDMENT NO. Chanter 4 Article 1 Section 406. After the words "from the district" delete "by the execution, acknowledgement, and recordation of a deed from the owner to the state" and insert "pursuant to Section- 50 (d) " . //AMENDMENT NO. � 0 Chanter 4 Article 1 Section 406 . Delete paragraphs 2 and 3 of this Section. NDMENT NO. Chapter 4 , Article 1 , Section 407 . After the word "lands" and before "be" , delete "shall" and insert "may" . AMENDMENT NO. Chapter 4 Article 1 Section 407 . After the words "from the district", delete "by the recordation of a deed from the owner to the state and" and insert "pursuant to Section 50 (d) and furthermore,' the district shall discharge" . NDMENT NO. Chapter 4 , Article 1 , Section 407 . After the word "thereon" , delete "discharged". AMENDMENT NO. Chapter 4 , Article 14 , Article 1 . Add "Section 409. The Legislature hereby finds and declares it is necessary to establish a mechanism to assure the restoration, creation and preservation of .915 acres of wetlands in the Bolsa Chica Study Area, as required by the Bolsa Chica Land Use Plan dated December, 1985 and approved by the California' Coastal Commission. All development within the Bolsa Chica Study Area must be in conformance with the Wetlands Restoration Plan prepared as part of the Bolsa Chica Local Coastal Program and with the Biological Resources Management Components Policies (Policies 1-15) of the Bolsa Chica Land Use Plan. " AMENDMENT NO. (f V Chanter 4 , P.rticle 2 . Delete Section 411 and 412. Add new "Section 411. Any modifications to the December, 1985 Bolsa Chica Land Use Plan Biological Resources Management Component Policies (Policies 1- 15) shall be submitted by the County of Orange to the Coastal Commission for its approval . The Coastal Commission shall consult with the Department of Fish and Game and shall adopt written findings that such modifications are reasonable and necessary in order to carry out the restoration, creation and preservation of the 915 acres of wetlands. " AMENDMENT NO. Chapter 5 , Section 5005 , Section 500. After the word "parties" , insert " , including any government agency, " 9 AMgNDMENT NO. Chapter 5. Delete Section 507 . AMENDMENT NO. Chapter 5, Section 508 . After the word "constructed" and before "funds" , delete "by" and insert "with" AMENDMENT NO. Chapter 5. Strike Section 509 and add the following: "Sec. 509 . If a navigable ocean entrance is authorized and . constructed, the district shall participate in the existing Anaheim Bay to Newport Beach federal sand replenishment program " "sufficient to maintain the sand supply to the -beaches within the Bolsa Chica Land Use Plan Study Area to the extent of sand loss measured from the retreat landward of the mean high tideline existing prior to construction of and caused by the ocean entrance. If the federal sand replenishment program is discontinued, then the district shall maintain the sand supply as set forth above. The district is authorized to secure" funding from any source to pay for the cost of replenishing such sand loss, including the costs of studies to identify the cause of such sand loss. " AMENDMENT NO. 6L, �^ Chanter 6 , Article 1. Add "Sec. 605. Neither the district nor the City shall impose a water rate or water fee on the delivery, transmission or provision of unappropriated non-potable water used in connection with the implementation of the wetlands restoration plans. " AMENDMENT NO. i Chanter 6 , Article 1 . Add "Sec. 606. The district may require any property LJ owner who desires to have any structure connected to a t owned or operated water or sewer system to pay a proportionate tl1t�. 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. " 10 AMENDMENT NO. �p 1 Chapter 6, Article 2 . Delete Section 628 . AMENDMENT NO. Chapter 7 Article 1 , Section 702 . _ After the word "wetlands" and before "fund" delete "conservation" and insert "restoration fund, the wetlands . maintenance and operation" . AMENDMENT NO. Chapter 7 . Article 1 , Section 702 . After the words "cost-share fund", insert "the sand replenishment fund, " . /D AMENDMENT NO. T �V Chanter 7 , Article- 1. Add "Section 756. Improvements and Special Taxes. The District may authorize and levy special taxes for services and facilities and authorize and incur a bonded indebtedness pursuant to the authorization and provisions of the "Mello-Roos Community Facilities Act of 198211 , being Chapter 2 . 55 , Part 1, Division 2 , Title 5 of the Government Code of the State of California. Community Facilities Agreements are authorized and special taxes can then be levied and facilities financed even, though certain of the facilities to be financed may be under the ownership, management, maintenance and control of another public agency and/or regulated public utility. " AMENDMENT NO. Chapter 7 , Article 8 , Section 799 (a) (2) . After the word "the" and before to" delete the words "amount of bonds" and insert "annual assessment on any bonds" . NDMENT N0. i 1,,---,/7oter 7 , ArticleArticle 8Section 799 (3)799 (3) . Strike subsection (3) and add the following: "That the proceeds of the bonds shall not be used .to acquire or construct public works or facilities as may be defined by county or city guidelines and standards of general and uniform application. " 11 PROPOSED AMENDMENTS WHICH ARE TECHNICAL AND ACCErTABLE TO CITY Amendment Number Section Amended 2, 3, 4, be 5 2 8, 9, 10, 11, 12, be 13 50 14 105 15 115 16 (as amended) 115.5 (needs correction) 17 118.5 18 120 19 120.5 20 122 21 140 22- 140 (b) 24 142 25 144 32 150 44 210 45-48 254 49 - 303 50 316 51 405 52-55 406 56-58 407 61 500 62 507 63 508 65 605 66 (as amended) 606 (change "district" to "city") 67 628 68-69 702 . 71 799 (a) (2) 72 799 (c) (3) EXHIBIT 2 SUBSTANTIVE AMENDMENTS WHICH ARE OBJECTIONABLE TO CITY Amendment No. Section Reason 1 2 -The Huntington Harbour connection channel is stipulated in LUP policies and an important alternative means of ocean access. 6-7 4 Adding the County of Orange is OK, but deleting language about environmental protection is ob— jectionable. Amendment #7 is confusing. 16 1 15.5 OK striking redundant language and adding lonly" at the end. 23 140 (b) Naval weapons station needs to be left in. 26 145 City is currently negotiating timing of annexation. This trigger is needed. 27-29 148 This "trigger" was negotiated earlier and is essential to city. 30-31 149 This proposal would eliminate need to enter into annexation/deve!opment agreement with the City. - 33 150.5 Only a portion is redundant of Section 4. Language regarding some environmental protection has been omitted. 34-43 157 This would substantially broaden the powers of the district after annexation. Changes to this section should be addressed seperately. 59 60 409, 41 I, & 412 These sections would essentially approve the draft LUP and re— quire findings of necessity for _ changes by the Coastal Commission. EXHIBIT 3 SUBSTANTIVE AIMS WHICH ARE OBJECTIONABLE TO CITY (CONTINUED) 64 509 See cover letter. This does not protect the Bolsa Chica and downcoast beaches from sand loss and'would relieve Signal from common law liability. L'70� 756 Mello—Roos services and facilities powers too great. County has power to levy these taxes or can be accomplished by City/County joint powers agreement. EXHIBIT 3